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1987-11-18 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - NOVEMBER 18, 1987 7:30 p.m. AGENDA I CALL TO ORDER II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of October 21, 1987 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS VI PUBLIC HEARINGS A) CASE 87-057. Request for a variance from Section 17.57.040(F) (Parking Area Development Standards) of the Borough Code to permit nine (9) of the twenty-two (22) required off-street parking spaces for the existing clinic located on Lots 1 and 2, Block 55, East Addition to be only twelve (12) feet in depth instead of the minimum twenty (20) feet. An approved variance will allow the nine (9) spaces to be located perpendicular to Rezanof Drive between the front of the clinic and Rezanof Drive. Lots 1 and 2, Block 55, East Addition; 1816 and 1818 Rezanof Drive East. (Kodiak Island Medical Associates) B) CASE 87-058. Request for a variance from Section 17.36.030 r-- (NonconformingLots of Record of the Borough Code to ) g permit an existing single-family residence located on a nonconforming lot of record (substandard lot area and width) in a R3--Multifamily Residential Zoning District to be converted into a professional office building containing a separate single-family dwelling unit. Lots 6A, 6B, and 6C, Block 8, Kodiak Townsite; 219 Mill Bay Road. (Toby Cook/Joel B. Davis) C) CASE 87-059. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty by twenty-four (20 x 24) foot garage addition onto the front of the existing single-family residence to encroach 20.1 feet into the required twenty-five (25) foot front yard setback in the R1--Single-Family Residential Zoning District. Lot 18B, U.S. Survey 3099; 2490 Spruce Cape Road. (John J. Kerekes) D) CASE 87-060. Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit a new thirty-six by eighty (36 x 80) foot accessory building located in the front yard to project twenty (20) feet into the required twenty-five (25) foot front yard setback in a RR1--Rural Residential One Zoning District. Lot 3, Block 1, Monashka Bay Alaska Subdivision; 1609 Monashka Circle. (Mike and Bobbie Haggren) E) CASE 87-061. Request for an exception from Section 17.21.020 r (Permitted Uses) of the Borough Code to permit a single-family residence to locate on a lot in a B--Business Zoning District. Tract K, Russian Creek Alaska Subdivision; 11723 South Russian Creek Road. (Louis B. Lindsey) F) CASE 87-062. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty-four by twenty-four (24 x 24) garage addition onto the front of the existing single-family residence to encroach nine and one -quarter (9.25) feet into the required nineteen and three-quarters (19.75) foot front yard setback in the R1--Single-Family Residential Zoning District. Lots 6 and 7, Block 55, East Addition; 1720 Rezanof Drive East. (Richard Powell) G) CASE 87-063. Request to rezone a 17,374 square foot Portion of Lot 10, Block 2, Lakeside Subdivision from PL--Public Use Lands to P & Z Regular Meeting KIBS226345 - 1 - November 18, 1987 Agenda I --Industrial in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. The 17,374 square foot Portion of Lot 10, Block 2, Lakeside Subdivision proposed for rezoning is located between the Municipal Airport and Lots 1 through 5, Block 2, Lakeside Subdivision, which front on Selief Lane. (Kodiak Island Borough) H) CASE 87-064. Request for a public hearing on proposed amendments to Section 18.10.010 (Borough Real Property Acquisition --Generally) of the Kodiak Island Borough Code. Section 18.10.010 establishes the methods by which the Kodiak Island Borough acquires and accepts real property or interests in real property. (Kodiak Island Borough) I) CASE S-87-036. Preliminary subdivision of Lot 4, Block 4, Miller Point Alaska Subdivision First Addition to Lots 4A, 4B, 4C, and 4D. (Ralph and Cornelia Collins) J) CASE S-87-037. Preliminary subdivision of Lot 3, Block 1, Shahafka Acres Subdivision to Lots 3A and 3B. (Martin and Linda Eaton) K) CASE S-87-038. Preliminary subdivision of Lot 7, Block 4, Miller Point Alaska Subdivision First Addition to Lots 7A and 7B. (Frank J. and Linda C. Dorner) VII OLD BUSINESS VIII NEW BUSINESS IX COMMUNICATIONS A) Letter dated November 6, 1987, Director, U.S. Fish and Wildlife Draft Cabin Management Policies Alaska. X REPORTS to Walter 0. Stieglitz, Regional Service, from Jerome M. Selby, re: on National Wildlife Refuges in A) Community Development Department Monthly Status 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. [Due to the Veterans Day Holiday, the worksession has been rescheduled for Thursday, November 12, 1987.] Ik 11 if Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. KIBS226346 P & Z Regular Meeting - 2 - November 18, 1987 Agenda KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - NOVEMBER 18, 1987 7:30 p.m. AGENDA ADDITIONS Iy IX COMMUNICATIONS B) Letter dated October 29, 1987, to Alaskan Planning and Zoning Commissioners, from Mark Stephens, re: The Alaska Planning Association (with enclosures). KIBS226344 Additions/Deletions to P & Z Regular Meeting - 1 - November 18. 1997 ACPnda KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - NOVEMBER 18, 1987 I. CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to r order at 7:30 p.m. by Vice Chairman Robin Heinrichs on November 18, 1987 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Robin Heinrichs, Vice Chairman Bob Pederson, Acting Director and Mike Anderson Associate Planner, Community Tom Hendel Development Department Mary Lou Knudsen Donna Smith, Acting Secretary, D.L. Smedley Community Development Department Dave Crowe, Borough Engineer Commissioners Absent: Others Absent: Steve Rennell, Excused Linda Freed, Director, Scott Thompson, Excused Community Development Department Patricia Miley, Secretary, Community Development Department A quorum was established. III. APPROVAL OF AGENDA r ` Staff reported the following additions to the agenda: IX COMMUNICATIONS B) Letter dated October 29, 1987, to Alaskan Planning and Zoning Commissioners, from Mark Stephens, re: The Alaska Planning Association (with enclosures). COMMISSIONER ANDERSON MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER ANDERSON MOVED TO ACCEPT the minutes of the October 21, 1987, Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS There were no appearance requests or audience comments. VI. PUBLIC HEARINGS A) CASE 87-057. Request for a variance from Section 17.57.040(F) (Parking Area Development Standards) of the Borough Code to permit nine (9) of the twenty-two (22) required off-street parking spaces for the existing clinic located on Lots 1 and 2, Block 55, East Addition to be only twelve (12) feet in depth instead of the minimum twenty (20) feet. An approved variance will allow the nine (9) spaces to be located perpendicular to Rezanof Drive between the front of the clinic and Rezanof Drive. Lots 1 and 2, Block 55, East Addition; 1816 and 1818 Rezanof Drive East. (Kodiak Island Medical Associates) BOB PEDERSON indicated (1) that Dr. Withrow wanted the Commission to know that he could not be in attendance due to a Hospital Board KIBS226347 meeting; (2) 21 public hearing notices were mailed for this case and none were returned; and (3) formal comments from the Alaska Planning & Zoning Commission 1 November 18, 1987 Minutes r Department of Transportation (ADOT) have not been received, however, staff feels that the conditions of approval adequately cover, and in fact require ADOT approval of this parking plan. Staff recommended approval of this request, subject to three conditions of approval outlined in the staff report. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT a request for a variance from Section 17.57.040(F) of the Borough Code to permit nine (9) required off-street parking spaces for the clinic located on Lots 1 and 2, Block 55, East Addition in a R1--Single-Family Residential Zoning District, to be only twelve (12) feet in depth instead of the minimum twenty (20) feet, subject to the conditions of approval outlined in the staff report dated November 6, 1987, and to adopt the findings contained in the staff report dated November 6, 1987, as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The parking space layout and dimensions must be approved by the Alaska Department of Transportation and Public Facilities. 2. Points of ingress and egress to Rezanof Drive East must be approved by the Alaska Department of Transportation and Public Facilities. 3. Any barriers or guardrails recommended by Alaska Department of Transportation and Public Facilities to prevent vehicles from backing onto the driving surface of Rezanof Drive East are incorporated into this variance as a condition of approval. FINDINGS OF FACT 2 Exceptional physical circumstances or conditions applicable to the property or intended use of development which generally do not apply to other properties in the same land use district. The exceptional physical condition applicable to the intended use of development is the location of the existing clinic building on the site. In conjunction with the proposed expansion and approved parking plan, the area in front of the clinic is most usable for parking that is oriented perpendicular to Rezanof Drive. Even though angled parking spaces that are twenty (20) feet in depth could be provided, there is a physical difficulty in accessing these spaces from both lanes of traffic. Therefore, an exceptional condition exists that prevents the provision of accessible parking spaces that are twenty (20) feet in depth. Strict application of the zoning ordinances would result in Strict application of the Zoning Ordinance would require the spaces to be twenty (20) feet in depth. This would require the spaces to be located at an angle to Rezanof Drive. This space arrangement would create a practical difficulty of reasonable and safe access to the parking spaces. KIBS226348 Planning & Zoning Commission 2 November 18, 1987 Minutes r- r-- 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safetv and welfara_ Granting of the variance should not result in material damage or prejudice to other properties in the area and should not be detrimental to the public's health, safety, and welfare. Allowing the spaces to be twelve (12) feet in depth rather than twenty (20) feet and angled to the road will enhance the public safety. This finding is predicated on the assumption that the Alaska Department of Transportation and Public Facilities will issue a driveway permit for the proposed parking space and access design. 4. The granting of the variance will not be contrary to the nhierYivoc of rho Cnron.oho..�4.,., Dl.... Granting of the variance will not be contrary to the objectives of the Comprehensive Plan to the extent that the Comprehensive Plan is valid for this property. The plan depicts this block for public and open space but none of the lots are in public ownership. 5. That actions of the applicant did not cause special condit or financial hardship from which relief is being sought by variance. In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The building was constructed in its present location prior to the applicant's ownership and the variance will be decided prior to allowing the spaces to be configured with a twelve (12) foot depth. 6. That the granting of the variance will not permit a prohibited land use in the district involved. The clinic is a permitted land use on this specific lot in a R1--Single-Family Residential Zoning District by virtue of an exception granted in 1975. B) CASE 87-058. Request for a variance from Section 17.36.030 (Nonconforming Lots of Record) of the Borough Code to permit an existing single-family residence located on a nonconforming lot of record (substandard lot area and width) in a R3--Multifamily Residential Zoning District to be converted into a professional office building containing a separate single-family dwelling unit. Lots 6A, 6B, and 6C, Block 8, Kodiak Townsite; 219 Mill Bay Road. (Toby Cook/Joel B. Davis) COMMISSIONER HENDEL requested to be excused due to a conflict of interest. COMMISSIONER HEINRICHS excused COMMISSIONER HENDEL. BOB PEDERSON indicated 38 public hearing notices were mailed for this case and 2 were returned, both were in favor - one of the responders requested a condition of approval for a six foot solid fence. Secondly, a petition was circulated amongst the neighbors and a copy of that petition was included in the packet. Staff recommended approval of this request, subject to the condition of approval outlined in the staff report. Regular Session Closed. KI$5226349 Public Hearing Opened: TOBY COOK, agent for the Davis's, appeared before the Commission and expressed support for this request. Mr. Cook also stated that if the Commission did grant the variance, a reasonable amount of time needed to be allotted for the fence to be built. A discussion ensued amongst the Commissioners and Mr. Cook regarding the signatures on the petition. Planning & Zoning Commission 3 November 18, 1987 Minutes KIBS226350 TOM HENDEL, 217 Mill Bay Road, appeared before the Commission and expressed non -objection to this request, further stating that the only concern is that a solid fence be provided prior to issuance of a certificate of occupancy. Mr. Hendel also noted the narrow width of the access to the property. A discussion ensued amongst the Commissioners and Mr. Hendel concerning the length of time for construction of the fence and the practical use of the access driveway. TOBY COOK reappeared before the Commission and discussed the access to the property and identified that the parking alternative of using the church property was not possible. A discussion ensued amongst the Commissioners and Mr. Cook concerning the fence and practical use of the access driveway. TOM HENDEL reappeared before the Commission and discussed the fence and the access. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT a request for a variance from Section 17.36.030 of the Borough Code to permit an existing single-family residence located on a nonconforming lot of record in a R3--Multifamily Residential Zoning District, Lots 6A through 6C, Block 8, Kodiak Townsite, to be converted into a professional office building containing a single-family residential dwelling unit on the second floor, subject to the condition of approval outlined in the staff report dated November 5, 1987 and to adopt the findings contained in the staff report dated November 5, 1987 as "Findings of Fact" for this case, changing the condition of approval to read, "A six (6) foot solid wooden fence is placed along the left side property line of the lot prior to the issuance of a certificate of occupancy for office use." The motion was seconded. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the condition of approval. As a result, Mr. Anderson accepted the following wording of the condition of approval as a friendly amendment to his motion, "A six (6) foot solid wooden fence is placed along the left side property line of the lot prior to the issuance of zoning compliance or a certificate of occupancy for office use." The second concurred. The question was called and the motion CARRIED by majority roll call vote. Commissioner Heinrichs voted "no." CONDITION OF APPROVAL 1. A six (6) foot solid wooden fence is placed along the left side property line of the lot prior to the issuance of zoning compliance or a certificate of occupancy for office use. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development which generally do not apply to other properties in the same land use district. The unique conditions applicable to the intended use of development for this case are the substandard lot size and substandard lot width in relationship to the existing R3--Multifamily Residential zoning of the lot. The lot contains 6,211 square feet with an average width of 47.42 feet. Based on these nonconformities, any permitted R3--Multifamily Residential use of the lot other than a single-family residence, requires a variance. The lot was platted with a 6,270 square foot lot size and a 47.42 foot lot width in 1941 and has been zoned R3--Multifamily Residential since at least 1966. Planning & Zoning Commission 4 November 18, 1987 Minutes P_ r— KIBS226351 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of the zoning ordinance would only allow the structure to be used as a single-family residence. This is an unnecessary hardship when the lot is zoned R3--Multifamily Residential, the proposed uses are permitted in the R3--Multifamily Residential Zoning District, the use is consistent with the comprehensive plan, and all other Title 17 requirements such as off-street parking can be met. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. 4. 5 Granting of the variance should not result in material damage or prejudice to other properties in the area or be detrimental to the public's health, safety, or welfare. The surrounding area is zoned R3--Multifamily Residential, which permits a variety of land uses, including low to high density residential, offices, clinics, churches, schools, beauty shops, boardinghouses, and parks and playgrounds. Current land uses nearby the lot include single-family residences, a church, and a multifamily housing development. A professional office and single-family residence should be compatible with both the potential and existing uses for the surrounding area. However, since the office building will be located between two single-family residences and utilize the back yard for parking, a buffer between the parking lot and adjoining properties is appropriate. A solid fence or other buffer will reduce the potential impacts of additional noise, lights, and traffic generated by an office use. If such a buffer is included as a condition of approval, the proposed use should not be detrimental to public health, safety, or welfare. variance will not be contrary to the Granting of the variance will not be contrary to the objectives of the Comprehensive Plan which identifies this area for Central Business District. In fact, conversion of the structure to an office is more in keeping with the comprehensive plan than the existing low density residential use. That actions of the variance. cause special In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The lot was platted in 1941 and is nonconforming with respect to current zoning regulations. The original house was constructed prior to 1960. 6. That the granting of the variance will not permit a Professional offices and single-family residences are permitted land uses in the R3--Multifamily Residential Zoning District. COMMISSIONER HENDEL returned to the Planning and Zoning Commission. C) CASE 87-059. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty by twenty-four (20 x 24) foot garage addition onto the front of the existing single-family residence to encroach 20.1 feet into the required twenty-five (25) foot front yard setback in the R1--Single-Family Residential Zoning District. Lot 18B, U.S. Survey 3099; 2490 Spruce Cape Road. (John J. Kerekes) Planning & Zoning Commission 5 November 18, 1987 Minutes BOB PEDERSON indicated 41 public hearing notices were mailed for this case and 3 were returned, 1 in favor and 2 opposing this request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: JOHN KEREKES appeared before the Commission and expressed support r for this request, and also stated he would like to reduce the encroachment requested to 12.1 feet instead of the original 20.1 feet. A discussion ensued amongst the Commissioners and Mr. Kerekes concerning the encroachment and the garage placement. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT a request for a variance from Section 17.18.050 of the Borough Code to permit a 12 by 24 foot garage addition onto the front of the existing single-family residence to encroach 12.1 feet into the required 25 foot front yard setback in a R1--Single-Family Residential Zoning District on Lot 18B, U.S. Survey 3099. The motion was seconded. A discussion ensued amongst the Commissioners concerning this variance request, with input from Community Development Department staff. The question was called and the MOTION FAILED by majority roll call vote. Commissioners Knudsen, Smedley, Heinrichs, and Hendel voted "no." r-- COMMISSIONER KNUDSEN MOVED TO adopt the findings contained in the staff report dated November 3, 1987, as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. r-- FINDINGS OF FACT 1. Exceptional physical circumstances or condit the property or intended use of developmen do not apply to other properties in tt district. to There do not appear to be any unique physical circumstances or conditions applicable to this lot (e.g., extreme slopes, irregular lot shape, substandard lot size, wetlands, etc.) that are not applicable to other properties in the area. Other lots along Spruce Cape Road have similar topography and equivalent or larger lot sizes. Although there are a number of grandfathered structures in U.S. Survey 3099 and along Spruce Cape Road, all recent structures (since 1980) have complied with all setback requirements. Moreover, there is sufficient space on the lot for at least a 672 square foot (24 x 28 foot) detached garage in full compliance with all setbacks. This is a larger size garage than proposed by the applicant (480 square feet). 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships Strict application of the zoning ordinance would require the addition to be set back twenty-five feet from the front property line. As identified above, there is ample buildable area elsewhere on the lot that meets required setbacks and provides for a larger garage than desired by the applicant. Based on this flexibility in location and the lack of unique Physical circumstances or conditions applicable to this lot specifically, staff believes that no hardship or practical KIBS226352 difficulties are created that would justify granting a variance. This is true even though the alternative location Planning & Zoning Commission 6 November 18, 1987 Minutes would require the relocation of a power pole. In addition, it should be noted that this house was constructed in 1984 and includes(ed) a garage on the first floor. Most importantly, it should be noted that even if the garage is not constructed in the alternative location, no practical difficulty or unnecessary hardship is created. It is not a r--- practical difficulty or unnecessary hardship to do without a garage. 3. The granting of the variance will not result in damages or prejudice to other properties in the Vic be detrimental to the public's health, safety and we] Granting of the variance to allow an encroachment into the front yard setback, in absence of unique physical conditions or unnecessary hardship, will set a precedent that will be prejudicial to other properties in the area and will be detrimental to the public's general welfare. This is especially true given the recent date of house construction and an available alternative location for the garage. Lastly, the long term potential of an approved variance is likely to be a parking problem that is detrimental to public safety. Garages often become filled with items other than vehicles, placing the off-street parking in the road right-of-way. This is poor public policy regardless of the distance from the edge of the right-of-way to the edge of the current driving surface. 4. The the not be the Granting of the variance will not be contrary to the -- objectives of the comprehensive plan which identifies this area for mobile home courts. Comprehensive plans do not generally address minor development standards such as setbacks and granting of the variance will not change the permitted uses or density of the area. Moreover, this comprehensive plan designation is out of date because the area is a long established residential neighborhood and it is extremely unlikely that new mobile home parks will locate in this area for the foreseeable future. 5. That actions of the applicant did not cause special conditions or financial variance. hardship from which relief is being sought by the In this case, actions of the applicant will cause the conditions from which relief is being sought by a variance. Alternative locations for the garage are available to the applicant. The applicant also has the option of not having a garage or utilizing the garage included as part of the original construction. In light of these options, not allowing the garage addition to encroach upon the setbacks is merely an inconvenience and/or financial hardship. Title 29, Alaska Statutes, specifies that inconvenience and pecuniary hardship are not valid justifications for granting a variance. s— Additionally, the applicant only purchased this lot in April of 1987. The desire for additional garage space should have been considered at the time of purchase. This further supports the fact that this hardship is self-created. 6. That the granting of the variance will not permit a prohibited Single-family residential additions are permitted uses in this zoning district. KIBS226353 Planning & Zoning Commission 7 November 18, 1987 Minutes D) CASE 87-060. Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit a new thirty-six by eighty (36 x 80) foot accessory building located in the front yard to project twenty (20) feet into the required twenty-five (25) foot front yard setback in a RR1--Rural Residential One Zoning District. Lot 3, Block 1, Monashka Bay Alaska Subdivision; 1609 Monashka Circle. (Mike and Bobbie Haggren) r - BOB PEDERSON indicated 49 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended denial of this request. COMMISSIONER HEINRICHS declared a conflict of interest and passed the gavel to COMMISSIONER ANDERSON. COMMISSIONER ANDERSON noted that he had spoken with Mrs. Haggren prior to the meeting and that she had requested the Commission table this request. BOB PEDERSON noted that a public hearing needed to be held as public notices had been sent. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO TABLE Case 87-060 until the December 16, 1987, regular meeting and to hold another public hearing at that time. The motion was seconded and CARRIED by unanimous roll Y-' call vote. COMMISSIONER HEINRICHS returned to the Planning and Zoning Commission. E) CASE 87-061. Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a single-family residence to locate on a lot in a B--Business Zoning District. Tract K, Russian Creek Alaska Subdivision; 11723 South Russian Creek Road. (Louis B. Lindsey) BOB PEDERSON indicated 48 public hearing notices were mailed for this case and 3 were returned, in favor of this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: ROBERT LINDSEY appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. r._ COMMISSIONER ANDERSON MOVED TO GRANT a request for an exception from Section 17.21.020 of the Borough Code to permit a single-family residence to locate on a lot in a B--Business Zoning District, Tract K, Russian Creek Alaska Subdivision and to adopt the findings contained in the staff report dated November 5, 1987 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT KIBS226354 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 Planning & Zoning Commission 8 November 18, 1987 Minutes P__ r 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. First, the mobile home must comply with the building code. Any wastewater disposal system must comply with Alaska Department of Environmental Conservation (ADEC) standards. Adherence to these requirements will protect the public health and safety. Use of a business zoned lot for residential purposes should not endanger the public's general welfare in this case. There are a number of residential uses on business zoned land in Womens Bay which have not demonstrated any detrimental impacts to the general welfare of the community. In fact, commercial and residential lots are often located on one piece of property in rural areas. In this case, the single-family residence is preceding the commercial use. However, a mobile home does not necessarily detract from the future use of the land for commercial purposes. In fact, a mobile home can provide a greater degree of security for rural commercial areas by having onsite residents. This can be a benefit to the public welfare. B. The proposed use can be considered to be consistent 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, for the following reasons. In general, exceptions are provided for in Title 17 to allow certain land uses to locate in districts where they are not normally allowed. It is interesting to note that apartments are permitted in the B--Business Zoning District and that a single-family residence within a business structure is permitted through a conditional use permit, but a detached single-family residence is not permitted. In this case, the proposed single-family residence (mobile home) should not impede the future use and development of this tract for commercial development because of its mobility. In addition, it can be argued that the existing business zoning for those lots fronting on Panamaroff Creek Drive, South Russian Creek Road, and Cottonwood Circle is not appropriate at this time. There are at least nine (9) single-family residences currently located on twenty-three (23) business zoned lots that front on the above noted roads. The three (3) roads are not arterial roads and the properties are not visible to traffic on the main highway (Rezanof Drive West), which are desirable location characteristics for commercial development. In fact, one appropriate action might be consideration of rezoning some of these business lots to RR1--Rural Residential One. However, departmental files indicate that two (2) previous requests to rezone business lots in this block to RR1--Rural Residential One were denied. To some extent this infers that these lots provide an area for future business expansion at the time that there is an actual need for business property. The interim use of this lot for residential purposes can therefore be considered consistent with the description and intent of the B--Business Zoning District. C. The proposed use should not adversely impact other properties or uses in the area which include several vacant lots, three (3) single-family residences, an accessory building, outdoor storage, and a warehouse. KIBS226355 Planning & Zoning Commission Lj November 18, 1987 Minutes F) CASE 87-062. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty-four by twenty-four (24 x 24) garage addition onto the front of the existing single-family residence to encroach nine and one -quarter (9.25) feet into the required nineteen and three-quarters (19.75) foot front yard setback in the R1--Single-Family Residential Zoning District. Lots 6 and 7, Block 55, East Addition; 1720 Rezanof Drive East. r-- (Richard Powell) BOB PEDERSON indicated 32 public hearing notices were mailed for this case and none were returned and that the contractor requested that this request be tabled. Staff found that findings of fact for either approval or denial of this request could be made. COMMISSIONER HEINRICHS declared a conflict of interest and passed the gavel to COMMISSIONER ANDERSON. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO TABLE Case 87-062 for another public hearing at the December 16, 1987 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS returned to the Planning and Zoning Commission. r- G) CASE 87-063. Request to rezone a 17,374 square foot Portion of Lot 10, Block 2, Lakeside Subdivision from PL--Public Use Lands to I --Industrial in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. The 17,374 square foot Portion of Lot 10, Block 2, Lakeside Subdivision proposed for rezoning is located between the Municipal Airport and Lots 1 through 5, Block 2, Lakeside Subdivision, which front on Selief Lane. (Kodiak Island Borough) BOB PEDERSON indicated 18 public hearing notices were mailed for this case and none were returned. The Resource Management Officer recommended approval of this request. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the City Council meeting and the purpose of this rezoning request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. r- COMMISSIONER KNUDSEN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of a 17,374 square foot Portion of Lot 10, Block 2, Lakeside Subdivision from PL--Public Use Lands to I --Industrial in accordance with Chapter 17.72 of the Borough Code. The 17,374 square foot Portion of Lot 10, Block 2, Lakeside Subdivision proposed for rezoning is located between the Municipal Airport and Lots 1 through 5, Block 2, Lakeside Subdivision, which front on Selief Lane, and to adopt the findings contained in the staff report dated November 5, 1987, as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. KIBS226356 Planning & Zoning Commission 10 November 18, 1987 Minutes FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. A rezone to I --Industrial is justified because of the historical uses occurring at this location, the lack of vegetation, and the increased value of adjacent lots because r of their proximity to the airport. 2. Findings as � to the Effect a Change or Amendment would have on r n A rezone to I --Industrial would be in keeping with the light industrial zoning suggested by the comprehensive plan. The plan envisioned the wide array of uses at the airport by providing light industrial support land adjacent to the runway. H) CASE 87-064. Request for a public hearing on proposed amendments to Section 18.10.010 (Borough Real Property Acquisition --Generally) of the Kodiak Island Borough Code. Section 18.10.010 establishes the methods by which the Kodiak Island Borough acquires and accepts real property or interests in real property. (Kodiak Island Borough) BOB PEDERSON indicated that the Resource Management Officer recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt the proposed revisions of Kodiak Island Borough Code Section 18.10.010 that prescribes the various methods by which the Kodiak Island Borough can acquire land or interests in land as outlined in the attached draft ordinance (dated November 6, 1987). The motion was seconded and CARRIED by unanimous roll call vote. KODIAK ISLAND BOROUGH ORDINANCE NO. 87- AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING SECTION 18.10.010 OF THE BOROUGH CODE ON LAND ACQUISITION POLICIES WHEREAS, the Kodiak Island Borough acquires real property and interests in real property by various means; and WHEREAS, the Kodiak Island Borough Code of Ordinances is silent on the specific methods by which property is acquired by the Borough; and WHEREAS, it is the intent of this ordinance to list the methods by which the Kodiak Island Borough acquires real property. NOW, THEREFORE, BE IT ORDAINED by the Kodiak Island Borough Assembly that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the code of ordinances of the Kodiak Island Borough. Section 2: That Chapter 18.10, Real Property Acquisition of the Borough Code, is hereby repealed and replaced as follows: 18.10.010 Methods of Land Acquisition. The borough may acquire real property or other interests therein by the following methods: A. Entitlement properties from the State of Alaska in KIBS226357 accordance with AS 29.65.010; B. Properties acquired through tax foreclosure; Planning & Zoning Commission 11 November 18, 1987 Minutes C. Negotiated purchase or lease for valuable consideration; D. Dedication, grants, or gifts; E. Deed in full or partial satisfaction of debt owed to the Borough; F. Exercise of the powers of eminent domain and declaration of taking in accordance with AS 29.35.030; G. Land or interests in land to be acquired through '-- exchange; and H. The Borough may acquire real property or any interest therein in such a manner as the Assembly may authorize. Section 3: This ordinance shall be in full force and effect upon passage and adoption. I) CASE S-87-036. Preliminary subdivision of Lot 4, Block 4, Miller Point Alaska Subdivision First Addition to Lots 4A, 4B, 4C, and 4D. (Ralph and Cornelia Collins) DAVE CROWE indicated that KEA requested the wording for condition number 4 be changed to read "...ten feet each side of the existing guy anchor in the northerly corner of Lot 4D." Forty-two public hearing notices were mailed for this case and one was returned, in favor 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. COMMISSIONER ANDERSON MOVED TO GRANT preliminary approval of the r - subdivision of Lot 4, Block 4, Miller Point Alaska Subdivision First Addition to Lots 4A, 4B, 4C, and 4D, subject to the conditions outlined in the memorandum from the Borough Engineer dated November 10, 1987, changing condition number four to read, "That a five -foot -wide electrical easement be provided along the Lilly Drive right-of-way and ten feet each side of the existing guy anchor in the northerly corner of Lot 4D." The motion was seconded. A discussion ensued amongst the Commissioners and Engineering Department staff regarding KEA's request. The question was called and the motion CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. That the accessory building on Lot 4C is removed or relocated to a lot having a main dwelling prior to filing of the final plat. 2. That the metal storage containers and all outdoor storage are removed from Lot 4B prior to filing of the final plat. ,— 3. That Lots 4B and 4C shall share a single common driveway to Lilly Drive. 4. That a five -foot -wide electrical easement be provided along the Lilly Drive right-of-way and ten feet each side of the existing guy anchor in the northerly corner of Lot 4D. J) CASE_ S-87_037, Preliminary subdivision of Lot 3, Block 1, Shahafka Acres Subdivision to Lots 3A and 3B. (Martin and Linda Eaton) DAVE CROWE indicated KEA.intended the electrical easement to be on the easterly boundary of Lot 3A and 3B, which is the common boundary between it and Lot 2. Twenty-one public hearing notices KIBS226358 were mailed for this case and none were returned. Staff recommended approval of this request. Planning & Zoning Commission 12 November 18, 1987 Minutes Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. '— COMMISSIONER ANDERSON MOVED TO GRANT preliminary approval of the subdivision of Lot 3, Block 1, Shahafka Acres Subdivision to Lots 3A and 3B, subject to the conditions outlined in the memorandum from the Borough Engineer dated November 10, 1987, changing condition number 3 to read, "A five -foot -wide electrical easement shall be provided adjacent to the eastern boundary of Lots 3A and 3B." The motion was seconded. A discussion ensued amongst the Commissioners and Engineering Department staff concerning access to Lot 3A. The question was called and the motion CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The "Private Property" sign located in the Shahafka Circle right-of-way should be removed or relocated to private property. 2. The accessory building on Lot 3A shall be removed or relocated to a lot having a main dwelling prior to filing the final plat. 3. A five -foot -wide electrical easement shall be provided adjacent to the eastern boundary of Lots 3A and 3B. 4. The title block of the plat shall be changed to show Lot 3, not Lot 2. K) CASE 5-87-038. Preliminary subdivision of Lot 7, Block 4, Miller Point Alaska Subdivision First Addition to Lots 7A and 7B. (Frank J. and Linda C. Dorner) DAVE CROWE indicated there was no further staff report. Forty-two public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT preliminary approval of the subdivision of Lot 7, Block 4, Miller Point Alaska Subdivision First Addition to Lots 7A and 7B, subject to the condition outlined in the memorandum from the Borough Engineer dated November 10, 1987. The motion was seconded and CARRIED by unanimous roll call vote. CONDITION OF APPROVAL 1. That a five -foot -wide electrical easement along the Eider Street right-of-way shall be provided. VII. OLD BUSINESS There was no old business. KIBS226359 Planning & Zoning Commission 13 November 18, 1987 Minutes VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of items A and B of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated November 6, 1987, to Walter 0. Stieglitz, Regional Director, U.S. Fish and Wildlife Service, from Jerome M. Selby, re: Draft Cabin Management Policies on National Wildlife Refuges in Alaska. B) Letter dated October 29, 1987, to Alaskan Planning and Zoning Commissioners, from Mark Stephens, re: The Alaska Planning Association (with enclosures). There were no further communications. X. REPORTS COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of item A of reports. The motion was seconded and CARRIED ivoice vote. A) Status Report from the Community Development Department. DAVE CROWE reported that the Borough Attorney recommended suspension of Abbreviated Plats procedures until the State Statutes are changed. A discussion ensued amongst the Commissioners and Mr. Crowe. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIRMAN HEINRICHS adjourned the meeting at 8:50 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By. �a, Robin Heinrichs Vice Chairman ATTEST By:{� Patricia Miley, ecretary r-- Community Devel ment Department DATE APPROVED: DE44D�K yt I(.I LQg-�. A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226360 Planning & Zoning Commission 14 November 18, 1987 Minutes