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1987-12-16 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - DECEMBER 16, 1987 7:30 p.m. AGENDA I CALL TO ORDER LI ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of November 18, 1987 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS VI PUBLIC HEARINGS A) 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) (Tabled from the November Regular Meeting) B) 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) r 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) (Tabled from the November Regular Meeting) C) CASE 87-065. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a six by eight (6 x 8) foot arctic entry/mud room addition onto the existing single-family residence to project three (3) feet into the required 11.7 foot front yard setback in a R1--Single-Family Residential Zoning District. Lot 2122, Block 9, Aleutian Homes Subdivision; 620 Hemlock. (Virginia Adams) D) CASE 87-066. Request for a conditional use permit in accordance with Section 17.21.030(E) (Conditional Uses) of the Borough Code to permit a warehouse to locate in a B--Business Zoning District on Lot 14, Block 1, Russian Creek Alaska Subdivision; 11285 South Russian Creek Road. (AAA Moving and Storage/Island Sand and Gravel) E) CASE 87-067. Request for a variance from Section 17.54.010(A) and (C) (Height -Extension onto Public Property) of the Borough Code to permit a four (4) foot fence with a vertical surface of less than fifty (50) percent open space above a height of two (2) feet to project eighteen (18) feet into the Beaver Lake Drive right-of-way along Lot 12-B, Block 1, Lakeside Subdivision First Addition; 2295 Beaver Lake Drive. (Ken Parker/Kodiak Island Housing Authority/Kodiak Island Borough) F) CASE 87-056. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit resource extraction activities (placer mining) in a C--Conservation Zoning District within a Portion of Section 13, Township 43 South, Range 35 West, Seward Meridian (approximately 80 acres within Gold Seed Claims Number 9 and 10) on Tugidak Island. The resource extraction activities will consist of the primary mining activities on Claim Number 10 and base camp and processing activities on Claim Number 9. Intertidal beach sands will be extracted by a dragline bucket or loader. The extracted materials will be processed using a power screen concentrator and magnetic separator. Processed materials will be returned to the approximate point of origin and recontoured by a bulldozer. The maximum quantities extracted and processed will be five hundred (500) cubic yards per day. The extraction activities will be supported by miscellaneous equipment, a base camp, a wastewater disposal system, and fuel and oil supplies associated with placer P & Z Regular Meeting Agenda 1 KIBS226361 December 16, 1987. mining. Approximate base camp and mining activity areas are shown on the public hearing notice maps; and a Public Hearing on the proposed resource extraction and support activities. The purpose of this hearing is to gather public input that will be used in determining the Kodiak Island Borough's comments as to whether this project is consistent with the Alaska Coastal Management Program and the Kodiak Island Borough Coastal Management Program. (Donald E. Brister/State of Alaska Department of Natural Resources) G) CASE 87-068. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit resource extraction activities (placer mining) in a C--Conservation Zoning District within Portions of Sections 23 and 26, Township 41 South, Range 31 West, Seward Meridian; Section 30, Township 42 South, Range 31 West, Seward Meridian; and Sections 25, 27, 28, and 29, Township 42 South, Range 32 West, Seward Meridian (approximately 740 acres within Katherine Claims Number 39 through 43, Sitkinak "B" Claims Number 2, 3, 4, 6, 7 and 14, and West Beach Claims Number 32 through 40 on Sitkinak Island). The resource extraction activities will consist of: (1) an initial exploratory work phase involving magnetic surveys, seismic surveys, drilling, and testing of the proposed recovery systems to locate the highest concentrates; and (2) extraction activities involving removal of materials by a drag line bucket and/or a gravel pump suspended from the boom of a dragline. Extraction will take place both above and below the mean high water line. The extracted materials will be transported to a portable screening and recovery system consisting of magnetic separators, jigs, spirals, and tables. Processed materials will be returned to the approximate point of origin. Maximum quantities extracted and processed will be 3,000 cubic yards per day. The extraction activities will be supported by miscellaneous equipment, base camps, wastewater disposal systems, and fuel and oil supplies associated with placer mining. Approximate base camp and mining claim locations are shown on the public hearing maps. The purpose of this initial public hearing is to gather information on the issues and potential impacts of placer mining on Sitkinak Island; and a Public Hearing on the proposed resource extraction and support activities. The purpose of this hearing is to gather public input that will be used in determining the Kodiak Island Borough's comments as to whether this project is consistent with the Alaska Coastal Management Program and the Kodiak Island Borough Coastal Management Program. (Yoram Palkovitch/State of Alaska Department of Natural Resources) H) CASE 87-069. Request for the rezoning of Near Island from B--Business, I --Industrial, and C--Conservation to PL--Public Use Lands, B--Business, I --Industrial, and C--Conservation in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. The proposed rezoning will bring the Zoning Districts on Near Island into conformance with the newly adopted Near Island Comprehensive Development Plan. (City of Kodiak) I) CASE 87-070. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to bring an existing communication facility located in a C--Conservation Zoning District into conformance with Borough Code and to allow for its future expansion. The r existing facility consists of a 160 square foot equipment building and three (3) satellite dish antennas on a 3,298 square foot area leased from the City of Kodiak. The facility is located on a Portion of Tract B, U.S. Survey 2538-A on the Pillar Mountain Road approximately 700 feet west of the end of Maple Street. (Kodiak Cablevision/City of Kodiak) J) CASE S-87-039. Vacation of Lots 9 and 10, Block 2, Tract D. U.S. Survey 1672 Amended (Antone Larsen Island) and replat to Lot 9A. (Okey L. and Marie L. Chandler/Kodiak Island Borough) VII OLD BUSINESS VIII NEW BUSINESS KIBS226362 P & Z Regular Meeting Agenda 2 December 16, 1987 IX COMMUNICATIONS X REPORTS A) Community Development Department Monthly Status Report - November 1987 XI AUDIENCE COMMENTS r--1I COMMISSIONERS' COMMENTS II 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. Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. 7- KIBS226363 P & Z Regular Meeting Agenda 3 December 16, 1987 r- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - DECEMBER 16, 1987 I. CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:30 p.m, by Vice Chairman Robin Heinrichs on December 16, 1987 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Robin Heinrichs, Vice Chairman Linda Freed, Director, Tom Hendel Community Development Department Mary Lou Knudsen Bob Pederson, Associate Planner, D.L. Smedley Community Development Department Scott Thompson Patricia Miley, Secretary, Community Development Department Commissioners Absent: Steve Rennell, Chairman, Excused Mike Anderson, Excused A quorum was established. III. APPROVAL OF AGENDA Others Absent: Dave Crowe, Borough Engineer COMMISSIONER KNUDSEN MOVED TO ACCEPT the agenda as presented motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING The COMMISSIONER KNUDSEN MOVED TO ACCEPT the minutes of the November 18, 1987 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS There were no appearance requests or audience comments. VI. PUBLIC HEARINGS A) 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) (Tabled from the November Regular Meeting) BOB PEDERSON indicated 49 public hearing notices were mailed for this case and 3 were returned in November and December, 1 in favor r— and 2 opposing this request. This variance request was tabled at the November regular meeting at the request of the applicant. Following the meeting, staff contacted the applicant by letter because it was indicated that plans for the proposed accessory building might be revised. To date, staff has received no response to this letter. Given that no changes in the plans for the accessory building are available at this time, staff recommends that the findings and recommendation for denial contained in the November 3, 1987, staff report are still valid. However, the applicant is currently in Anchorage for the State Board of Fisheries Meetings. Since these meetings will not conclude before December 16, 1987, staff recommends that this case be tabled to the January 1988 regular meeting for another public hearing. KIBS226364 Planning & Zoning Commission 1 December 16, 1987 Minutes COMMISSIONER HEINRICHS reported a conflict of interest regarding CASES 87-060 and 87-062 and passed the gavel to COMMISSIONER KNUDSEN. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER SMEDLEY MOVED TO table Case 87-060 for another public hearing at the January 1988 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. B) 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 Rl--Single-Family Residential Zoning District. Lots 6 and 7, Block 55, East Addition; 1720 Rezanof Drive East. (Richard Powell) (Tabled from the November Regular Meeting) BOB PEDERSON indicated 32 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff found that findings could be made for either approval or denial of this request. Regular Session Closed. Public Hearing Opened: r SCOTT ARNDT, representing the property owner, appeared before the Commission and expressed support for this request. Mr. Arndt presented an aerial photograph of the area to the Commissioners and discussed the setback request stating that the purpose of this request was to create additional parking while not creating a safety hazard. r A discussion ensued amongst the Commissioners and Mr. Arndt, with input by Community Development Department staff, concerning possible impacts of the variance upon Rezanof Drive East should it be widened to four lanes in the future. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a request for a variance from Section 17.18.050 of the Borough Code to permit a twenty-four by twenty-four (24 x 24) foot 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 on Lots 6 and 7, Block 55, East Addition and to adopt findings lA through 6A contained in the staff report dated November 6, 1987, as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commissioners concerning the impacts to the public's health, safety, and welfare if the variance was approved. In response to a question from Commissioner Thompson, Mr. Arndt replied that the driveway was not yet completed, that a provision of a turn around was envisioned, and that cars parked on the property would enter traffic going forward. Community Development Department staff noted that Borough Code allows one and two family residences to back onto the driving surface. The question was called and the motion CARRIED by majority roll call vote. Commissioner Smedley voted "no." Planning & Zoning Commission KIBS226365 2 December 16, 1987 Minutes 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. A. The exceptional physical conditions applicable to the intended use of development in this case are the location of the existing single-family residence, the location of the new addition to the single-family residence, and the topography of the lot on the other side of the existing structure from the proposed garage addition. The placement of the existing single-family residence and the thirty-two by thirty-six (32 x 36) foot addition onto the right side of the single-family residence (permit issued August 4, 1987), means that any standard size garage addition on the right side of the single-family residence will require a variance. Although there is sufficient lot area to construct the proposed garage in compliance with all setbacks on the left side of the single-family residence, the placement of the garage in this location is likely to result in a driveway that exceeds the maximum slope requirement due to topography. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. A. Strict application of the Zoning Ordinance would require the garage addition to be located 19.75 feet from the front property line. This is an unnecessary hardship when no other structures in Block 55, East Addition on the south side of Rezanof Drive meet the required front yard setback. In fact, the aerial photographs indicate that all of these structures have a smaller front yard setback than the applicant's existing single-family residence. In essence, adherence to the front yard setback requirement along this block is meaningless because no existing structures are in compliance. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safetv and welfare. A. Granting of the variance to allow the garage encroachment will not be detrimental to the public's health, safety, or welfare or damaging to other properties in the area. The addition will not impede safe traffic flow or visibility along Rezanof Drive. An approved variance will not be damaging or prejudicial to other properties in the area because all structures in this block encroach into the front yard setback. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. A. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this block for public and open space. This designation is not appropriate at this time. 5. That actions of the var did not cause special conditions A. In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance will be decided prior to construction of the garage addition. KIBS226366 Planning & Zoning Commission 3 December 16, 1987 Minutes r'- r-- 6. That the granting of the variance will not permit a prohibited land use in the district involved. A. Single-family residential additions are permitted uses in this zoning district. COMMISSIONER HEINRICHS returned to the Planning and Zoning Commission. C) CASE 87-065. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a six by eight (6 x 8) foot arctic entry/mud room addition onto the existing single-family residence to project three (3) feet into the required 11.7 foot front yard setback in a R1--Single-Family Residential Zoning District. Lot 2122, Block 9, Aleutian Homes Subdivision; 620 Hemlock. (Virginia Adams) BOB PEDERSON indicated 86 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 HENDEL MOVED TO GRANT a request for a variance from Section 17.18.050 of the Borough Code to permit a six by eight (6 x 8) foot arctic entry/mud room addition onto the existing single-family residence to encroach three (3) feet into the required 11.7 foot front yard setback in a R1--Single-Family Residential Zoning District on Lot 2122, Block 9, Aleutian Homes Subdivision; and to adopt the findings contained in the staff report dated December 7, 1987, as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the DroDerty or intended use of development, which generally t_ In this case, the exceptional physical condition is the placement of the existing structure on the lot, 14.7 feet from the Hemlock Street right-of-way. Any addition of an arctic entry will require a variance. The house was built in 1950 and during this time arctic entryways were not typically included on structures nor were buildings sited in such a manner as to allow for their addition without encroaching into required setbacks. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of the zoning ordinance will not allow the addition of an arctic entry. This is a practical difficulty and unnecessary hardship when many other residences in Aleutian Homes and surrounding subdivisions have arctic entries. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor to the Public's Granting of this variance will not result in material damages or prejudice to other properties in the area. The addition of this mud room will not block sight distance on Hemlock Street. KIBS226367 A substantial number of other residences in the area have Planning & Zoning Commission 4 December 16, 1987 Minutes 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 ve Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this r area for Medium Density Residential Development. The addition will not increase the existing density or permitted land uses. 5. That actions of the applicant did not cause special conditions or financial hardshio from which relief is being sought by the 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 t involved. Single-family residences are a permitted land use in this district. D) CASE 87-066. Request for a conditional use permit in accordance with Section 17.21.030(E) (Conditional Uses) of the Borough Code to permit a warehouse to locate in a B--Business Zoning District on Lot 14, Block 1, Russian Creek Alaska Subdivision; 11285 South Russian Creek Road. (AAA Moving and Storage/Island Sand and Gravel) r BOB PEDERSON indicated 32 public hearing notices were mailed for this case and 1 was returned, in favor of this request. It was also noted that Randy Covey (a nearby property owner) telephoned Community Development Department staff and expressed support for this request. Staff recommended approval of this request, subject to three conditions, with the issue of appropriate, required screening left open to Planning and Zoning Commission determination. COMMISSIONER THOMPSON stated that he was employed by a competitor and asked MR. POOLE if it would be okay for him to remain on the Planning and Zoning Commission and vote on this case. VICE CHAIRMAN HEINRICHS ruled that Commissioner Thompson had a conflict of interest and requested Commissioner Thompson to step down from the Planning and Zoning Commission. The balance of the Planning and Zoning Commissioners concurred with Vice Chairman Heinrichs that Commissioner Thompson had a conflict of interest. COMMISSIONER THOMPSON then stepped down during consideration of this case. Regular Session Closed. Public Hearing Opened: TOM POOLE, Manager of AAA Moving and Storage, appeared before the Commission and expressed support for this request. Mr. Poole requested clarification of condition number 3, if screening is interpreted as "a buffer zone." VICE CHAIRMAN HEINRICHS noted that a buffer zone, in this instance, meant a separation. A discussion ensued amongst the Commissioners and Mr. Poole regarding screening. Mr. Poole stated that a six (6) foot chain link fence was planned for the perimeter of the property. Public Hearing Closed. KIBS226368 Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.21.030(E) of the Borough Code Planning & Zoning Commission 5 December 16, 1987 Minutes F.� to permit a sixty by eighty (60 x 80) foot expandable warehouse structure to locate in a B--Business Zoning District on Lot 14, Block 1, Russian Creek Alaska Subdivision, subject to the conditions of approval outlined in the staff report dated December 9, 1987, and to adopt the findings contained in the staff report dated December 9, 1987, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Groundcover. All areas not devoted to buildings, structures, surfaced drives, outdoor storage, walks or parking areas, shall be covered and maintained with grass, shrubbery, trees, rocks or gravel, or other suitable groundcover materials to minimize dust, erosion, and sedimentation. 2. Lighting. Any lighting used for advertising, display, or security purposes shall not produce glare on a public highway or neighboring residential property. 3. Screening. Sight obscuring screening six (6) foot high shall be established along the left side property line common with Lot 15, Block 1, Russian Creek Alaska Subdivision, prior to the issuance of a Certificate of Occupancy for the warehouse structure. The motion was seconded. A discussion ensued amongst the Commissioners, resulting in Commissioner Knudsen, with the concurrence of the second, splitting her motion into two segments: (1) the conditional use permit; and (2) the conditions of approval. COMMISSIONER KNUDSEN MOVED TO GRANT a request for a conditional use r permit in accordance with Section 17.21.030(E) of the Borough Code to permit a sixty by eighty (60 x 80) foot expandable warehouse structure to locate in a B--Business Zoning District on Lot 14, Block 1, Russian Creek Alaska Subdivision, and to adopt the findings contained in the staff report dated December 9, 1987, as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER KNUDSEN MOVED TO ADOPT conditions of approval numbers 1 and 2 outlined in the staff report dated December 9, 1987, and condition number 3, to read: "Screening. Sight obscuring screening six (6) foot high shall be established along the left side property line common with Lot 15, Block 1, Russian Creek Alaska Subdivision, prior to the issuance of a Certificate of Occupancy for the warehouse structure." The motion was seconded and FAILED by a tie roll call vote. Commissioners Smedley and Heinrichs voted "no." COMMISSIONER KNUDSEN MOVED TO ADOPT conditions of approval numbers 1 and 2 outlined in the staff report dated December 9, 1987. The motion was seconded. COMMISSIONER KNUDSEN MOVED AMEND THE MAIN MOTION BY ADDING condition number 3, to read: "Screening. Screening consisting of r— a six (6) foot fence around the property shall be established prior to the issuance of a Certificate of Occupancy for the warehouse structure. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. 1. Groundcover. All areas not devoted to buildings, structures, surfaced drives, outdoor storage, walks or parking areas, shall be covered and maintained with grass, shrubbery, trees, rocks or gravel, or other suitable groundcover materials to minimize dust, erosion, and sedimentation. Planning & Zoning Commission KIBS226369 6 December 16, 1987 Minutes 2. Lighting. Any lighting used for advertising, display, or security purposes shall not produce glare on a public highway or neighboring residential property. 3. Screening. Screening consisting of a six (6) foot fence around the property shall be established prior to the issuance of a Certificate of Occupancy for the warehouse structure. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. It appears that the proposed use will preserve the value, spirit, character, and integrity of the surrounding area. A sixty by eighty (60 x 80) foot warehouse structure located on a 1.338 acre lot should not be detrimental to surrounding land uses which include two (2) vacant lots, a nonconforming single-family residence, and a large RR1--Rural Residential One zoned tract containing two (2) accessory buildings and agricultural activities. In fact, the permitted use of the lot for outdoor storage could be considered to be potentially more detrimental to the nearby residential land use than the conditionally permitted warehouse structure. Similar arguments can be made for other permitted business land uses. However, the single-family residence is a nonconforming land use in the B--Business Zoning District. In addition, the use of this lot for a warehouse should not be detrimental to the future development of surrounding properties. This is evidenced by the fact that another business zoned lot in this block is used for large scale warehousing activities and has not proven to be detrimental to the value, spirit, character, and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The proposed use will fulfill all other requirements of the B--Business Zoning District such as height of structure, off-street parking, etc. Adherence to the performance standards (Section 17.21.050) of the B--Business Zoning District, particularly screening, can be addressed through conditions of approval attached to the permit. A screening condition is pertinent because the adjoining lot contains a single-family residence. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. Granting of the conditional use permit for a warehouse should not be harmful to the public health, safety, convenience or comfort. Adherence to UBC and UFC regulations for building construction and Alaska Department of Environmental Conservation (ADEC) regulations for wastewater disposal systems should ensure protection of the public health and safety. Regarding public convenience and comfort, it can be argued that a warehouse (by definition alone as an industrial type land use) can potentially detract from public convenience and comfort if any residential land uses are in the vicinity. In this case, however, the property has been zoned business since 1983 and partially used for outdoor storage in the past. Also, the proposed use characteristics do not appear to be any more detrimental to public convenience and comfort than a number of other permitted business land uses (e.g., intensive retail uses generating large amounts of traffic, machine shops, places of assembly, outdoor storage, etc.). Lastly, the potential for impacts to a nearby residential land use must be tempered by the fact that the residence is a nonconforming land use in the B--Business Zoning District. Planning & Zoning Commission KIBS226370 7 December 16, 1987 Minutes 4. eguards are being provided to meet sections A throueh C of this secti The 1.338 acre lot contains sufficient lot area for the proposed use, off-street parking, and whatever buffer is required by the Planning and Zoning Commission pursuant to Section 17.21.050(C) of the Borough Code. e0 COMMISSIONER THOMPSON returned to the Planning and Zoning Commission. E) CASE 87-067. Request for a variance from Section 17.54.010(A) and (C) (Height -Extension onto Public Property) of the Borough Code to permit a four (4) foot fence with a vertical surface of less than fifty (50) percent open space above a height of two (2) feet to project eighteen (18) feet into the Beaver Lake Drive right-of-way along Lot 12-B, Block 1, Lakeside Subdivision First Addition; 2295 Beaver Lake Drive. (Ken Parker/Kodiak Island Housing Authority/Kodiak Island Borough) BOB PEDERSON indicated 5 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended approval of this request, subject to five conditions of approval. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a request for a variance from Section 17.54.010 (A) and (C) of the Borough Code to permit a four (4) foot fence with a vertical surface of less than fifty (50) percent open space above a height of two (2) feet to project eighteen (18) feet into the Beaver Lake Drive right-of-way in a R2--Two-Family Residential along Lot 12-B, Block 1, Lakeside Subdivision; 2295 Beaver Lake Drive, subject to the conditions of approval outlined in the staff report dated December 3, 1987 and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The fence is constructed at the applicant's sole expense. 2. The applicant assumes any liability associated with said fence on Borough -owned property. 3. If at a future date the Borough determines that the fence must be removed from the Borough -owned property, the applicant or any subsequent owner of Lot 12-B, Block 1, Lakeside Subdivision First Addition, agrees to remove same without cost to the Borough. 4. Since the land is publicly owned, no prescriptive right accrues to the user. 5. Construction of the fence shall be in such a manner as to not reduce any required off-street parking. FINDINGS OF FACT me property or intenaea use or aevelopmenr, wnicn generaiiy do not aDDly to other DroDerties in the same land use The exceptional condition applicable to the intended use of the property is largely a perceptual one. Typically, the average property owner assumes that all the land out to the sidewalk or roadway edge is their "yard," and that they should KIBS226371 be able to erect a fence of reasonable height around that yard Planning & Zoning Commission 8 December 16, 1987 Minutes r--- with any configuration of open space. In addition, if the fence was built along the property lines, strips of Borough property would remain outside the fence. It is likely that this property would not then be maintained by the property owner which could constitute a public health problem. 2. Strict application of the zoning ordinances would result in Practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would only allow the fence to be placed on the property lines and to a height of four (4) feet in the front yard with a fifty (50) percent open vertical surface above a height of two (2) feet. This is an unnecessary hardship when many other fences (some higher than 4 feet) in the community have encroached on the public property without first receiving a variance and many do not meet the fifty (50) percent open space rule. The Commission has also granted variances in the past for fences to project into road rights -of -way and to exceed the maximum height requirements. 3. The erantina of the variance will not result in viciniry nor to the Public's Granting of the variance will not be detrimental to the public's health, safety or welfare because the fence will not pose a line of sight problem along Beaver Lake Drive either due to its height, placement in the right-of-way, or percentage of open space. Also, the conditions outlined below ensure that any future removal of the fence will not impose a cost to the public. The erection of the fence out to the sidewalk will hopefully ensure that the small strip of Borough property is maintained by the property owner to the benefit of the Borough. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of this variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan does not address minor structural developments such as fences. The main use of the property for residential purposes is consistent with the Comprehensive Plan. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance request will be decided prior to construction of the fence. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Fences are permitted in all land use districts. r-- F) CASE 87-056. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit resource extraction activities (placer mining) in a C--Conservation Zoning District within a Portion of Section 13, Township 43 South, Range 35 West, Seward Meridian (approximately 80 acres within Gold Seed Claims Number 9 and 10) on Tugidak Island. The resource extraction activities will consist of the primary mining activities on Claim Number 10 and base camp and processing activities on Claim Number 9. Intertidal beach sands will be extracted by a dragline bucket or loader. The extracted materials will be processed using a power screen concentrator and magnetic separator. Processed materials will be returned to the approximate point of origin and recontoured by a bulldozer. The maximum KIBS226372 quantities extracted and processed will be five hundred (500) cubic Planning & Zoning Commission 9 December 16, 1987 Minutes yards per day. The extraction activities will be supported by miscellaneous equipment, a base camp, a wastewater disposal system, and fuel and oil supplies associated with placer mining. Approximate base camp and mining activity areas are shown on the public hearing notice maps; and a Public Hearing on the proposed resource extraction and support activities. The purpose of this hearing is to gather public input r" that will be used in determining the Kodiak Island Borough's comments as to whether this project is consistent with the Alaska Coastal Management Program and the Kodiak Island Borough Coastal Management Program. (Donald E. Brister/State of Alaska Department of Natural Resources) BOB PEDERSON indicated 32 public hearing notices were mailed for this case and none were returned. Staff noted that the purpose of this request is to permit resource extraction activities (placer mining) in a C--Conservation Zoning District on Tugidak Island. BOB PEDERSON also noted that a description of the mining activities submitted by the applicant was attached to the staff report. Also listed in the staff report are the standards that must be met for a conditional use permit to be issued and the applicable policies of the Kodiak Island Borough Coastal Management Program (KIBCMP). Staff also noted that the following preliminary issues and information gaps were noted in the staff report: 1. A review of this application shows that the identified fresh water source is listed as an anadromous stream for pink and chum salmon. This stream bisects the mining claims and proposed mining areas. At this time, the Alaska Department of Fish and Game (ADF&G) has not had adequate time to review and comment on this issue. 2. The proposed mining activities occur below the mean high water line, which are classified as navigable waters of the United States. This will require an application to the U.S. Department of the Army Corps of Engineers (COE). On October 9, 1987, the applicant was notified by the State of Alaska Office of Management and Budget, Division of Governmental Coordination (OMB-DGC) of the need to submit a COE application. On October 28 and November 2, 1987, staff notified the applicant to submit copies of the COE application materials to the Kodiak Island Borough. To date, this information has not been received. 3. The State and Federal review agencies that were sent a public hearing notice have not had adequate time to review and comment on this proposal. 4. Details for a possible site inspection is being investigated. Based on the above noted issues and information, staff recommends tabling this case for a second public hearing at the regular January 1988 meeting. r Regular Session Closed. Public Hearing Opened: VICE CHAIRMAN HEINRICHS informed the audience of a five (5) minute time limit for testimony and requested speakers to limit their remarks to a discussion of the specific proposal before the Commission. CHRIS PROVOST, President of the Kodiak Audubon Society, appeared before the Commission and expressed opposition to this request. Mr. Provost requested that the Planning and Zoning Commission review the cumulative impacts of placer mining on Tugidak and to look at Tugidak Island as a whole. Mr. Provost also noted that this request raises serious questions with the Alaska Coastal Management Program. KIBS226373 Planning & Zoning Commission 10 December 16, 1987 Minutes VICE CHAIRMAN HEINRICHS asked if there were any specific questions, issues, or informational needs that the Kodiak Audubon Society wanted to raise at this time. Mr. Provost responded that this request was located at an anadromous fish stream and requested further clarification of the base camp setup, especially fuel storage. r VICE CHAIRMAN HEINRICHS stated that any specific questions that the Kodiak Audubon Society wished answered needed to be submitted to Bob Pederson of the Community Development Department. Mr. Provost stated the Kodiak Audubon Society's appreciation of the Planning and Zoning Commission's time and efforts spent reviewing placer mining conditional use permits for Tugidak Island. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO TABLE Case 87-056 for another public hearing at the January 20, 1988 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. G) CASE 87-068. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit resource extraction activities (placer mining) in a C--Conservation Zoning District within Portions of Sections 23 and 26, Township 41 South, Range 31 West, Seward Meridian; Section 30, Township 42 South, Range 31 West, Seward Meridian; and Sections 25, 27, 28 and 29, Township 42 South, Range 32 West, Seward Meridian (approximately 740 acres within Katherine Claims Number 39 through 43, Sitkinak "B" Claims Number 2, 3, 4, 6, 7 and 14, and West Beach Claims Number 32 through 40 on Sitkinak Island). The resource r extraction activities will consist of: (1) an initial exploratory work phase involving magnetic surveys, seismic surveys, drilling, and testing of the proposed recovery systems to locate the highest concentrates; and (2) extraction activities involving removal of materials by a drag line bucket and/or a gravel pump suspended from the boom of a dragline. Extraction will take place both above and below the mean high water line. The extracted materials will be transported to a portable screening and recovery system consisting of magnetic separators, jigs, spirals, and tables. Processed materials will be returned to the approximate point of origin. Maximum quantities extracted and processed will be 3,000 cubic yards per day. The extraction activities will be supported by miscellaneous equipment, base camps, wastewater disposal systems, and fuel and oil supplies associated with placer mining. Approximate base camp and mining claim locations are shown on the public hearing maps. The purpose of this initial public hearing is to gather information on the issues and potential impacts of placer mining on Sitkinak Island; and a Public Hearing on the proposed resource extraction and support activities. The purpose of this hearing is to gather public input that will be used in determining the Kodiak Island Borough's comments as to whether this project is consistent with the Alaska Coastal Management Program and the Kodiak Island Borough Coastal Management Program. (Yoram Palkovitch/State of Alaska Department of Natural Resources) BOB PEDERSON indicated 22 public hearing notices were mailed for this case and none were returned. Staff noted that as stated in the public hearing notice, the purpose of the initial public hearing on this case was to gather information and identify the issues surrounding placer mining on Sitkinak Island. A second public hearing is scheduled for the regular January meeting. This KIBS226374 two stage hearing process would also allow additional time for Planning & Zoning Commission 11 December 16, 1987 Minutes r-- interested individuals and review agencies to comment on the proposed activities. BOB PEDERSON also noted that a description of the mining activities submitted by the applicant was attached to the staff report. Also listed in the staff report are the standards that must be met for a conditional use permit to be issued and the applicable policies of the Kodiak Island Borough Coastal Management Program (KIBCMP). Staff also noted that the following preliminary issues have been identified in the staff report: 1. The identified fresh water source for Katherine Claims Numbers 39 through 43 is listed as an anadromous stream (pink salmon). 2. The identified fresh water source for Sitkinak "B" Claims Numbers 2, 3, 4, 6, 7, and 14 is part of a stream system listed as anadromous (pink and red salmon, known spawning). 3. The Sitkinak "B" Claims are located in the vicinity of a known harbor seal haul out area. 4. The "West Beach" claims utilize a fresh water stream that has not been surveyed for the presence of anadromous fish species. 5. There is a potential archeological site near the Katherine Claims water source. 6. According to the Department of Natural Resources (DNR), all of Sitkinak Island is encumbered by a grazing lease which apparently prohibits mineral extraction without permission of the lessee. This issue is being investigated further. r Mr. Pederson also noted that he participated in a teleconference on December 16, 1987, from 1:30 to 3:00 p.m., with all State and federal review agencies. The applicant encouraged the Planning and Zoning Commission to communicate any specific concerns to him so that he may respond. Also, the State Historical Officer will request an archeological survey be included as a requirement of the annual placer mining permit. Staff recommended that this case be tabled for another public hearing at the January 1988 regular meeting. LINDA FREED noted that a "fly over" of Sitkinak Island has been tentatively scheduled for January 9, 1987, weather depending. The Planning and Zoning Commission was requested to report to the Peninsula Airways terminal at 9:00 a.m, on that date. Regular Session Closed. Public Hearing Opened: CHRIS PROVOST, President of the Kodiak Audubon Society, appeared before the Commission and expressed opposition to this request. Mr. Provost noted that the mining claims were spread out over 740 acres; that there were concerns with the Alaska Coastal Management Program regarding bird and other wildlife habitats, stream surveys for anadromous fish, and archeological studies; that the distance r, from the base camp to the work site posed additional hazards to wildlife habitats. Mr. Provost noted that he would go into greater detail at the next worksession on this matter. A discussion ensued amongst the Commissioners and Mr. Provost regarding these items. KEVIN RYAN, Kodiak National Wildlife Refuge, appeared before the Commission and stated that in both October and November of 1987 waterfowl surveys were conducted by the Refuge. Mr. Ryan detailed the results of the surveys. A discussion ensued amongst the Commissioners and Mr. Ryan regarding the type of survey conducted, comparison of statistics, KIBS226375 and who the Refuge makes official response to in the ACMP process. Mr. Ryan noted that the official Refuge response is given to COE. Planning & Zoning Commission 12 December 16, 1987 Minutes DAVE MENKE, on his own behalf, appeared before the Commission and stated that he was neither for or against this request but that fishermen from Old Harbor fish salmon around Sitkinak and perhaps ought to be notified of the public hearing. BOB PEDERSON noted that full time, onsite caretakers for the grazing leaseholder reside on Sitkinak, and that a U.S. Coast Guard keeps a fuel dump there for emergency uses. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN requested that public hearing notices be send to all Old Harbor fishermen. COMMISSIONER HENDEL requested information on the impacts on nesting wildlife being near human populations. BOB PEDERSON stated he would contact Roger Smith at ADF&G for further information. COMMISSIONER HEINRICHS noted that this request was the equivalent of 30 dump truck loads per day and questioned whether this was an appropriate amount for Sitkinak Island each and every day or if the request should be reduced. COMMISSIONER KNUDSEN requested updated information on stream classification (i.e., anadromous). COMMISSIONER HENDEL MOVED TO TABLE Case 87-068 for a second public hearing at the January 20, 1988 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. H) CASE 87-069. Request for the rezoning of Near Island from B--Business, I --Industrial, and C--Conservation to PL--Public Use r Lands, B--Business, I --Industrial, and C--Conservation in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. The proposed rezoning will bring the Zoning Districts on Near Island into conformance with the newly adopted Near Island Comprehensive Development Plan. (City of Kodiak) BOB PEDERSON indicated 7 public hearing notices were mailed for this case and none were returned. Staff noted that the purpose of this rezoning request was to bring the zoning of Near Island into conformance with the newly adopted Near Island Comprehensive Development Plan. The Near Island Comprehensive Plan was adopted by the Kodiak Island Borough Assembly on November S, 1987. The existing zoning districts on Near Island (adopted in 1980) do not match the new comprehensive plan designations. BOB PEDERSON also noted that the proposed B--Business, I --Industrial, C--Conservation, and PL--Public Use Lands Zoning Districts for Near Island closely follow and are in conformance with the new Near Island Comprehensive Development Plan. Zoning regulations are one means of implementing a comprehensive plan. Because the Near Island Comprehensive Development Plan designations are intended to be flexible and refined through the platting and land disposal processes, it is proposed to establish the effective date of the new zoning districts as the date(s) final plats for r each comprehensive plan designation are on Near Island are filed. Staff found that this rezone request meets all the required findings and therefore recommends that the Commission forward this rezone request to the Borough Assembly recommending approval. Regular Session Closed. Public Hearing Opened: DAVE MENKE, on his own behalf, appeared before the Commission and stated that he had presented testimony to the Near Island Task Force regarding the Near Island Comprehensive Development Plan. Mr. Menke also noted that he resides directly across the channel from Near Island. Mr. Menke objected to the fact that the KIBS226376 presentation map depicted Business Zoning going directly through Planning & Zoning Commission 13 December 16, 1987 Minutes the crest of the hill and noted it was the intent of the Task Force that businesses established in this area ought not be seen from across the channel. Mr. Menke stated that he wanted a wider greenbelt. A discussion ensued amongst the Commissioners, Mr. Menke, and Community Development Department staff regarding the boundaries of the zoning districts proposed for Near Island and the intent of the recent comprehensive plan developed for Near Island. WALLY JOHNSON, Vice Chairman of the Near Island Development Authority and Chairman of the former Near Island Task Force, appeared before the Commission and stated it was the intent of the Near Island Task Force that the boundary line being discussed by Mr. Menke was to be the crest at its highest single point and that the presentation map was in error. A discussion ensued amongst the Commissioners, Mr. Johnson, and Community Development Department staff regarding the boundary line. It was noted that the motion before the Commission stated that the specific zoning boundaries would be determined at the time of platting. Mr. Johnson noted that it was the specific intent of the Near Island Task Force to keep the channel green. WAYNE HAERER, a member of both the Near Island Task Force and the Near Island Development Authority, appeared before the Commission and expressed support for keeping the channel green. A discussion ensued amongst the Commissioners, Mr. Haerer, and Community Development Department staff regarding the Development Authority's authority in regards to platting and enforcement of the Near Island Comprehensive Development Plan. MIKE BRECHAN, a member of the Near Island Development Authority, appeared before the Commission and reconfirmed the testimony given regarding the channel greenbelt. A discussion ensued amongst the Commissioners and Mr. Brechan about the presentation map. Mr. Brechan stated that he had not seen this particular presentation map before. SCOTT ARNDT appeared before the Commission and expressed support for redrawing the presentation map before submitting this request to the Assembly. A discussion ensued amongst the Commissioners, Mr. Arndt, and Community Development Department staff regarding the presentation map. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the wording of a motion which would incorporate the concerns of those testifying at the public hearing. r COMMISSIONER KNUDSEN MOVED TO recommend that the Kodiak Island Borough Assembly approve the rezoning of Near Island from the existing B--Business, I --Industrial, and C--Conservation designations to B--Business, I --Industrial, C--Conservation, and PL--Public Use Lands as shown on the attached map. Specific zoning district boundaries will be established at the time a final plat(s) is filed and the specific boundary between the "channel greenbelt" designation (PL--Public Use Lands Zoning District) and the commercial designation (B--Business Zoning District) shall be established as the crest of the hill in accordance with Chapter 17.72 of the Borough Code and to adopt the findings contained in the staff report dated December 8, 1987, as "Findings of Fact" for this case. The motion was seconded. KIBS226377 Planning & Zoning Commission 14 December 16, 1987 Minutes A discussion ensued amongst the Commissioners and Community Development Department staff regarding the presentation map. Community Development Department staff were directed to revise the presentation map as discussed during the public hearing prior to submission to the Assembly. Linda Freed stated that the map would be revised based on the motion. The discussion continued with a clarification of the reasons that particular zoning districts were established for specific areas on Near Island. The question was called and the motion CARRIED by majority roll call vote. Commissioner Smedley voted "no." FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. A rezone of Near Island to B--Business, I --Industrial, C--Conservation, and PL--Public Use Lands is needed because the existing zoning district boundaries do not coincide with the land use designations contained in the new Near Island Comprehensive Development Plan. A rezone to B--Business, I --Industrial, C--Conservation, and PL--Public Use Lands is justified because the categories will be appropriate for the lands in question, will permit development or land uses that are envisioned in the comprehensive plan, consistent with the comprehensive plan designations, and compatible with land uses on surrounding properties. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone to B--Business, I --Industrial, C--Conservation, and r' PL--Public Use Lands will be consistent with the objectives of the newly adopted Near Island Comprehensive Development Plan because the plan specifically addresses the permissible land uses intended for each area of Near Island. The proposed B--Business, I --Industrial, C--Conservation, and PL--Public Use Lands Zoning Districts permit development that is consistent with the comprehensive plan designations. I) CASE 87-070. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to bring an existing communication facility located in a C--Conservation Zoning District into conformance with Borough Code and to allow for its future expansion. The existing facility consists of a 160 square foot equipment building and three (3) satellite dish antennas on a 3,298 square foot area leased from the City of Kodiak. The facility is located on a Portion of Tract B, U.S. Survey 2538-A on the Pillar Mountain Road approximately 700 feet west of the end of Maple Street. (Kodiak Cablevision/City of Kodiak) BOB PEDERSON indicated 3 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to one condition of approval. r Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS226378 COMMISSIONER HENDEL 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 a 160 square foot structure and three (3) satellite dish antennas to locate in the C--Conservation Zoning District within a Portion of U.S. Survey 2538-A, subject to the condition of approval outlined in the staff report dated December 7, 1987, and to adopt the findings contained Planning & Zoning Commission 15 December 16, 1987 Minutes r- in the staff report as "Findings of Fact" for conditional use permit will allow the future communication facility in general. The motion CARRIED by unanimous roll call vote. CONDITION OF APPROVAL 1. The requirements of Section are specifically included as request. FINDINGS OF FACT 1 this case. The expansion of the was seconded and 17.10.050 (Performance Standards) a condition of approval for this That the conditional use will character and integrity of the 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 maintenance of the site. The 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. 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 since cable television is one method of transmitting information during emergency situations. 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 3,298 square foot lease area is adequate for a 160 square foot structure and three (3) satellite dish antennas. J) CASE S-87-039. Vacation of Lots 9 and 10, Block 2, Tract D. U.S. Survey 1672 Amended (Antone Larsen Island) and replat to Lot 9A. (Okey L. and Marie L. Chandler/Kodiak Island Borough) BOB PEDERSON noted that the Borough Engineer recommended granting final approval of this request subject to the designation of the entire area below the mean high water line of Lot 9 as a Public Use Easement. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. Planning & Zoning Commission KIBS226379 16 December 16, 1987 Minutes FAa r COMMISSIONER KNUDSEN MOVED TO GRANT final approval of the vacation of Lots 9 and 10, Block 2, Tract D. U.S. Survey 1672 Amended (Antone Larsen Island) and replat to Lot 9A subject to the designation of the entire area below the mean high water line of Lot 9 as a Public Use Easement. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS There were no communications. X. REPORTS COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of item A of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Status Report from the Community Development Department. Community Development Department staff reviewed the status of the Alaska Power Authority's appeal of the Terror Lake Subdivision Case and noted that the Planning and Zoning Commission has been scheduled to travel to Tugidak Island on January 9, 1988. It was also noted that Commissioner Hendel was the Planning and Zoning Commission representative at the Assembly and City Council meetings for the month of December. XI. AUDIENCE COMMENTS SCOTT ARNDT appeared before the Commission and expressed his opinions regarding conflict of interest. A discussion ensued amongst the Commissioners, Mr. Arndt, and Community Development Department staff. Linda Freed read from the Planning and Zoning Commission's Bylaws regarding conflict of interest. There were no further audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER KNUDSEN requested that public hearing notices be sent to Akhiok permit holders regarding the Sitkinak resource extraction request. COMMISSIONER HENDEL thanked Commissioner Smedley for serving on the Planning and Zoning Commission and said "good—bye." COMMISSIONER THOMPSON discussed his reconsideration of his recent verbal resignation from the Planning and Zoning Commission and stated that he would try to improve his record of attendance at worksessions in future. A discussion ensued amongst the Commissioners regarding Commissioner Thompson's seat on the Planning and Zoning Commission. COMMISSIONER SMEDLEY expressed his thanks, especially to CHAIRMAN RENNELL, for help in learning the role of the Planning and Zoning Commission. Commissioner Smedley stated that "it's been a real experience." KIBS226380 Planning & Zoning Commission 17 December 16, 1987 Minutes XIII. ADJOURNMENT VICE CHAIRMAN HEINRICHS adjourned the meeting at 10:31 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION r-- By: 4k. &4I/GCC:�iti/ Robin Heinrichs Vice Chairman r ATTEST By: �"� Patricia Mile Secretary Community Development Department DATE APPROVED: a0 19gg A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226381 Planning & Zoning Commission 18 December 16, 1987 Minutes