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1988-03-16 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MARCH 16, 1988 7:30 p.m. AGENDA f" I CALL TO ORDER II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of February 17, 1988 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) CASE 85-013 and 86-081. Request for a six month extension beginning April 17, 1988, for previously approved exceptions that permitted (1) construction of a temporary structure to aid in a topsoil screening operation, and (2) screened outdoor storage in a R2--Two-Family Residential Zoning District on Tract C-1, U.S. Survey 1682; 3472 Rezanof Drive East. (Michael W. Anderson) VI PUBLIC HEARINGS A) CASE 88-009. Request for a variance from Section 17.54.010(C) (Height --Extension onto Public Property) of the Borough Code to permit a three (3) foot fence to project three (3) feet into the Willow Street right-of-way in a R1--Single-Family Residential Zoning District. Lot r 50, Block 9, Aleutian Homes; 1013 Willow Street. (Randall Swain) B) CASE 88-010. Request for a variance from Section 17.36.060 (Nonconforming Uses of Land) of the Borough Code to permit the expansion of a nonconforming land use (a single-family residence and accessory buildings in a B--Business Zoning District) in order to construct a 6.2 by 8.7 foot and a 6 by 30.4 foot additions onto an existing residential accessory building (garage). Located in a B--Business Zoning District on Lot 1, Allman LaLande Subdivision; 1318 Mill Bay Road. (Arthur C. Holt) C) CASE 88-011. Request for a variance from Section 17.57.020(2)(g) (Off-street Parking --Number of Spaces Required) of the Borough Code to permit the conversion of an existing 1,450 square foot office area into a fifty-one (51) seat eating establishment, to be exempt from the requirement of providing twelve (12) additional off-street parking spaces in a B--Business Zoning District; and a Request for a variance from Section 17.60.040 (Business District Signs) of the Borough Code to permit one (1) business establishment to have two (2) signs instead of the one (1) permitted sign in a B--Business Zoning District on Lot 3, Block 9, New Kodiak Subdivision; 338 Center Avenue. (George Shrum/Alagnak, Inc.) r D) CASE 88-012. Request for a conditional use permit in accordance with Section 17.24.020(F) (Conditional Uses) of the Borough Code to permit an additional petroleum storage tank(s) with a maximum capacity of 220,000 gallons to locate in an I --Industrial Zoning District on Lot 1, Block 20, Kodiak Townsite; 712 Shelikof Street. (Kodiak Oil Sales, Inc.) E) CASE 88-013. Request for a variance from Section 17.19.040(A) (Yards) of the Borough Code to permit a new single-family residence to encroach eleven (11) feet into the required twenty-five (25) foot front yard setback in a R2--Two-Family Residential Zoning District on Lot 13, Block 1, Tona Subdivision; 3498 Tons Lane. (Gerald Wilson and Nancy Kemp) F) CASE 87-036. Request to rezone Lot 1, Block 1, Woodland Acres Subdivision 2nd Addition from RR1--Rural Residential One to B--Business P & Z Regular Meeting Agenda - 1 - KIBS226433 March 16, 1988 in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. Located at 3438 Woodland Drive. (Faith Baptist Church) THIS IS A NEW PUBLIC HEARING ON THIS REZONE. On February 17, 1988, the Planning and Zoning Commission rescinded their previous actions to table and postpone further discussion on this rezone until a new comprehensive plan was completed. The purpose of this hearing is to gather additional information in order to make a definitive decision on this case. G) CASE 88-014. Request for an exception from Section 17.24.010 (Permitted Uses) of the Borough Code to permit a temporary (one year) outdoor visitor campground to locate in an I --Industrial Zoning District in Gibson Cove. The campground will consist of sixty-five (65) tent sites, cooking facilities, restrooms and showers, and a recreational/shelter structure on a two (2) acre site. Located within a Portion of U.S. Survey 1673 in Gibson Cove. (City of Kodiak) H) CASE 88-015. Request for a conditional use permit in accordance with Section 17.21.030(D) (Conditional Uses) of the Borough Code to permit a single-family residence that comprises less than fifty (50) percent of the area of the structure to locate in a new addition to an existing structure, which will contain three (3) permitted businesses (restaurant, service and retail shops) in a B--Business Zoning District; and a Request for a variance from Section 17.57.020(2) (Off-street Parking --Number of Spaces Required) of the Borough Code to allow the permitted businesses (existing restaurant and the proposed marine repair and supply and dog grooming businesses), and a single-family residence to provide only twenty-four (24) off-street parking spaces instead of the required thirty-one (31) off-street parking spaces in a B--Business Zoning District on Lot 3A, Block 1, Airpark Subdivision; 1819-1821 Mill Bay Road (B. Joan Hood/Charlene Chase) I) CASE S-88-003. Preliminary subdivision of an Unsubdivided Portion of U.S. Survey 4947 (on Near Island), creating Tract C (a 2.5 acre tract located across the right-of-way northwest of Tract A and north of Tract B, Plat No. 86-20, Fisheries Industrial Technology Center). (Kodiak Area Native Association) VII OLD BUSINESS A) Senate Bill 475. "An Act Establishing the Tugidak Island Critical Habitat Area; and Providing for an Effective Date." VIII NEW BUSINESS A) Planning and Zoning Commission review of a September 1987 joint Borough/City study of possible sites for a permanent fishing gear storage area. IX COMMUNICATIONS A) Womens Bay Community Council Comprehensive Planning Committee Public Notice. B) Letter dated February 23, 1988, to Patty Bielawski, OMB-DGC, from Linda Freed, re: St. Paul Harbor 34 - SID AK 880210-06A (with COE notice). C) "Mining as a Recreational Activity in Conservation Zoning Districts," Planning and Zoning Commission Interpretation with cover letter dated February 25, 1988. D) Pamphlet from the Ketchikan Community Development Corporation, entitled "Historic Ketchikan 88." X REPORTS A) Community Development Department Monthly Status Report - February 1988 P & Z Regular Meeting Agenda - 2 - KIBS226434 March 16, 1988 r— 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. Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. KIBS226435 P & Z Regular Meeting Agenda - 3 - March 16, 1988 Kodiak Island Borough KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MARCH 16, 1988 7:30 p.m. AGENDA ADDITIONS, DELETIONS, CORRECTIONS AGENDA ADDITIONS VI PUBLIC HEARINGS J) Planning and Zoning Commission review of a September 1987 joint Borough/City study of possible sites for a permanent fishing gear storage area. VIII NEW BUSINESS B) Request for Planning and Zoning Commission interpretation of whether a small scale fish smoking and meat processing and retail and wholesale sales is a permitted use in the B--Business Zoning District. IR COMMUNICATIONS r E) Womens Bay Comprehensive Planning Committee Minutes: February 9, 1988 (eighth meeting) and February 23, 1988 (ninth meeting). F) Letter (draft) dated March 2, 1988, from Womens Bay Comprehensive Planning Committee Coordinator to Linda Freed, re: Implementation of Comprehensive Plan. G) Joint Womens Bay Community Council and Comprehensive Planning Committee Minutes: March 8, 1988 (tenth meeting) with attachments. H) Flier distributed by the Alaska Department of Community and Regional Affairs, re: Alaska's Energy Conservation Standard for New Buildings workshops. AGENDA DELETIONS VIII NEW BUSINESS A) Planning and Zoning Commission review of a September 1987 joint Borough/City study of possible sites for a permanent fishing gear storage area. FAgenda Additions/Deletions - 1 - March 16, 1988 P&Z KIBS226432 F I F KODIAK ISLAND BOROUGH. PLANNING AND ZONING COMMISSION REGULAR MEETING - MARCH 16, 1988 I. CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:33 p.m. by Chairman Steve Rennell on March 16, 1988 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Steve Rennell, Chairman Mike Anderson Jon Hartt Robin Heinrichs Tom Hendel Mary Lou Knudsen Scott Thompson A quorum was established. III. APPROVAL OF AGENDA Others Present: Bob Pederson, Associate Planner, Community Development Department Patricia Miley, Secretary, Community Development Department Others Absent: Linda Freed, Director, Community Development Department Dave Crowe, Borough Engineer Staff reported the following additions and deletions to the agenda: AGENDA ADDITIONS VI PUBLIC HEARINGS J) Planning and Zoning Commission review of a September 1987 joint Borough/City study of possible sites for a permanent fishing gear storage area. M*o=z1DOM1.1113Vj*m B) Request for Planning and Zoning Commission interpretation of whether a small scale fish smoking and meat processing and retail and wholesale sales is a permitted use in the B--Business Zoning District. I% COMMUNICATIONS E) Womens Bay Comprehensive Planning Committee Minutes: February 9, 1988 (eighth meeting) and February 23, 1988 (ninth meeting). F) Letter (draft) dated March 2, 1988, from Womens Bay Comprehensive Planning Committee Coordinator to Linda Freed, re: Implementation of Comprehensive Plan. G) Joint Womens Bay Community Council and Comprehensive Planning Committee Minutes: March 8, 1988 (tenth meeting) with attachments. H) Flier distributed by the Alaska Department of Community and Regional Affairs, re: Alaska's Energy Conservation Standard for New Buildings workshops. KIBS226436 Planning & Zoning Commission 1 March 16, 1988 Minutes AGENDA DELETIONS III NEW BUSINESS A) Planning and Zoning Commission review of a September 1987 joint Borough/City study of possible sites for a permanent fishing gear storage area. COMMISSIONER ANDERSON MOVED TO ACCEPT the agenda with the additions and deletions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the February 17, 1988 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) CASE 85-013 and 86-081. Request for a six month extension beginning April 17, 1988, for previously approved exceptions that permitted (1) construction of a temporary structure to aid in a topsoil screening operation, and (2) screened outdoor storage in a R2--Two-Family Residential Zoning District on Tract C-1, U.S. Survey 1682; 3472 Rezanof Drive East. (Michael W. Anderson) COMMISSIONER ANDERSON requested to be excused due to a conflict of interest. CHAIRMAN RENNELL excused COMMISSIONER ANDERSON. BOB PEDERSON noted that this was a standard procedure for the extension of exceptions and that the applicant had lived up to all the conditions of approval since the last Planning and Zoning r Commission review. COMMISSIONER HENDEL MOVED TO GRANT a request for a six (6) month extension beginning April 17, 1988, for previously approved exceptions (Cases 85-013 and 86-081) that permitted (1) construction of a temporary structure to aid in a topsoil screening operation, and (2) screened outdoor storage in a R2--Two-Family Residential Zoning District on Tract C-1, U.S. Survey 1682. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER ANDERSON returned to the Planning and Zoning Commission. There were no further appearance requests or audience comments. VI. PUBLIC HEARINGS A) CASE 88-009. Request for a variance from Section 17.54.010(C) (Height --Extension onto Public Property) of the Borough Code to permit a three (3) foot fence to project three (3) feet into the Willow Street right-of-way in a RI —Single -Family Residential Zoning District. Lot 50, Block 9, Aleutian Homes; 1013 Willow Street. (Randall Swain) BOB PEDERSON indicated 68 public hearing notices were mailed for r this case and none were returned. Staff recommended approval of Ithis request, subject to five conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS226437 COMMISSIONER ANDERSON MOVED TO GRANT a request for a variance from Section 17.54.010(C) of the Borough Code to permit a three (3) foot Planning & Zoning Commission 2 March 16, 1988 Minutes fence to project three (3) feet into the Willow Street right-of-way in a R1--Single-Family Residential Zoning District along Lot 50, Block 9, Aleutian Homes Subdivision, subject to the conditions of approval outlined in the staff report dated February 26, 1988 and to adopt the findings contained in the staff report dated February 26, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. r CONDITIONS OF APPROVAL 1. The fence is constructed at the applicant's sole expense. 2. The applicant assumes any liability associated with said fence on City -owned property. 3. If at a future date the City determines that the fence must be removed from the City -owned property, the applicant or any subsequent owner of Lot 50, Block 9, Aleutian Homes Subdivision agrees to remove same without cost to the City. 4. Since the land is publicly owned, no prescriptive right accrues to the user. 5. Construction of the fence shall be in such a manner as to not reduce any required off-street parking. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development which generally do not apply to other properties in the same land use The exceptional condition applicable to the intended use of 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 r be able to erect a fence of reasonable height around that yard I with any configuration of open space. In addition, if the fence was built along the property lines, strips of City property would remain outside the fence. It is likely that this property would not then be maintained by the property owner 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. This is an unnecessary hardship when many other fences in the community have encroached on the public property without first receiving a variance. The Commission has also granted variances in the past for fences to project into road rights -of -way. 3. The granting of the variance will not result in aamages or prejudice to other properties in the vicinity nor 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 Willow Street due to its height or placement in the right-of-way. Also, the conditions I outlined below ensure that any future removal of the fence will not impose a cost to the public. The erection of the fence out to the sidewalk will hopefully ensure that the small strip of City property is maintained by the property owner to the benefit of the City. 4. The granting of the variance will not be contrary to the Granting of this variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan does not address minor structural developments such as fences. The main use of the property for residential purposes is consistent with the Comprehensive Plan. KIBS226438 Planning & Zoning Commission 3 March 16, 1988 Minutes I' I 5. That actions of the applicant did not cause svecial conditions or 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 the variance will not Fences are permitted in all land use districts. B) CASE 88-010. Request for a variance from Section 17.36.060 (Nonconforming Uses of Land) of the Borough Code to permit the expansion of a nonconforming land use (a single-family residence and accessory buildings in a B--Business Zoning District) in order to construct a 6.2 by 8.7 foot and a 6 by 30.4 foot additions onto an existing residential accessory building (garage). Located in a B--Business Zoning District on Lot 1, Allman LaLande Subdivision; 1318 Mill Bay Road. (Arthur C. Holt) BOB PEDERSON indicated 49 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT a variance from Section 17.36.060 of the Borough Code to permit a nonconforming land use to be enlarged and extended to occupy a greater area of land in order to construct a 6.2 by 8.7 foot and a 6 by 30.4 foot additions onto an existing residential accessory building (garage) located in a B--Business Zoning District on Lot 1, Allman LaLande Subdivision, and to adopt the findings contained in the staff report dated March 2, 1988, as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. 2 In this case, the unique condition applicable to the intended use of the property is the existing residential land use. Although zoned B--Business, there has been a single-family residence on the property since 1957. Two other lots in this business zoned block also have residential land uses and there is a mobile home park nearby. It is likely that these residential uses will remain residential in nature for the foreseeable future. ict application of the zoning ordinances or unneces Strict application of the zoning ordinance would not allow any additions to the existing residential structure. This is an unnecessary hardship when the existing land use is residential and likely to remain such. The proposed additions to a residential accessory building will also not change or increase the size of the single-family residence. It is possible that the accessory building could be utilized for a commercial land use in the future. Planning & Zoning Commission KIBS226439 4 March 16, 1988 Minutes 3. The granting of the variance will not result in mate damages oprejudice to other properties in the vicinity be detrirmental to the public's health. safety And u,PIfAYA Granting of the variance will not result in material damage or prejudice to other properties in the area. A small increase in the size of a residential accessory building should have no impacts or material damages to other properties in the area. r The additions should not impact the viability of surrounding business uses. Protection of the public's health, safety, and welfare should be assured through the building permit and inspection process. 4. The granting of the variance will not be contraryto the objectives of the ComnrehPnailia PIA" Granting of the variance will not be contrary to the objectives of the comprehensive plan. The plan identifies this area for Public and Open Space (Central School District). This designation is out of date for this area of the City of Kodiak. 5. That actions of the applicant did not cause special or financial hardship from which relief is beine so In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The existing house was built in 1957; the property was zoned business in 1974. Also, the variance request will be decided prior to construction of the additions. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family residences, provided they occupy less than 50 percent of a commercial structure, are conditionally permitted in the business district. C) CASE 88-011. Request for a variance from Section 17.57.020(2)(g) (Off-street Parking --Number of Spaces Required) of the Borough Code to permit the conversion of an existing 1,450 square foot office area into a fifty-one (51) seat eating establishment, to be exempt from the requirement of providing twelve (12) additional off-street parking spaces in a B--Business Zoning District; and a Request for a variance from Section 17.60.040 (Business District Signs) of the Borough Code to permit one (1) business establishment to have two (2) signs instead of the one (1) permitted sign in a B--Business Zoning District on Lot 3, Block 9, New Kodiak Subdivision; 338 Center Avenue. (George Shrum/Alagnak, Inc.) BOB PEDERSON indicated 26 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a request for a variance from Section 17.57.020(2)(g) of the Borough Code to permit the conversion of a 1,450 square foot office into a fifty-one (51) seat eating establishment that will increase the permitted occupancy of the structure by thirty-six (36) persons, to be exempt from the requirement of providing twelve (12) additional off-street parking KIBS226440 Planning & Zoning Commission 5 March 16, 1988 Minutes widely held in the community. In addition, the variance will be decided prior to placement of the signs. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Signs are permitted in the B--Business Zoning District. D) CASE 88-012. Request for a conditional use permit in accordance with Section 17.24.020(F) (Conditional Uses) of the Borough Code to permit an additional petroleum storage tank with a maximum capacity of 220,000 gallons to locate in an I --Industrial Zoning District on Lot 1, Block 20, Kodiak Townsite; 712 Shelikof Street. (Kodiak Oil Sales, Inc.) BOB PEDERSON indicated 5 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to two conditions. Regular Session Closed. Public Hearing Opened: JIM RAMAGLIA, Vice President of Kodiak Oil Sales, Inc., appeared before the Commission to answer any questions the Commission might have regarding this request. COMMISSIONER HEINRICHS asked if only one tank would be required. Mr. Ramaglia responded "yes." Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.24.020 of the Borough Code to permit one (1) additional petroleum or flammable liquid storage tank with a maximum capacity of 220,000 gallons to locate in the I --Industrial Zoning District on Lot 1, Block 20, Kodiak Townsite, subject to the conditions of approval outlined in the staff report dated February 29, 1988, condition number 1 to read: "Size, dimensions, maximum capacity, and location of the tank will be as shown on the attached site plan" and to adopt the findings contained in the staff report dated February 29, 1988, as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Size, dimensions, maximum capacity, and location of the tank will be as shown on the attached site plan. 2. Compliance with all provisions of the Uniform Building Code and Uniform Fire Code shall be demonstrated prior to issuance of zoning compliance or a building permit. 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 not detract from the value, spirit, character and integrity of the surrounding area. The surrounding area is devoted to industrial land uses, including a warehouse, a processing plant and dormitory, waterfront area and the fuel dock. A bulk fuel storage facility or "tank farm" is a long established land use at this location and departmental files do not indicate that the facility has been detrimental to the surrounding area. The addition of one tank will not result in a change of land use and is a relatively minor increase in land use intensity. Six storage tanks are currently located on the site. KIBS226443 Planning & Zoning Commission. 8 March 16, 1988 Minutes 2. That the conditional use fulfills all other requirements of The proposed use will be required to fulfill all other requirements of the Industrial Zoning District, the Uniform Building Code and the Uniform Fire Code. The proposed location of the tank meets or exceeds all required setbacks and height limits of the I --Industrial Zoning District. It also appears that the proposed use will comply with the applicable performance standards for industrial land uses. Full compliance with the Uniform Building and Fire Code provisions will be assured through the building permit process but should be identified 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's health, safety, convenience or comfort. As previously discussed, the existing facility has not been shown to be detrimental or harmful to public health or safety, the land use will not change, and the addition of one tank when there are six already on the property, does not represent a significant increase in the intensity of land use or amount of products stored on the property (15%). It could be argued that another tank will increase the potential for harm in the case of a catastrophic event. Staff feels that this is a slim possibility and even then the additional tank would be a small portion of the bigger picture. It should also be noted that the existing tank farm predates the 1964 tsunami. 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. There is sufficient lot area for the proposed tank. The proposed location exceeds the setbacks of the I --Industrial Zoning District and adherence to fire code separation requirements will be assured prior to issuance of a building permit. Compliance with these requirements should ensure adequate separation from other structures in the area. In addition, the property is fenced for security purposes. E) CASE 88-013. Request for a variance from Section 17.19.040(A) (Yards) of the Borough Code to permit a new single-family residence to encroach eleven (11) feet into the required twenty-five (25) foot front yard setback in a R2--Two-Family Residential Zoning District on Lot 13, Block 1, Tona Subdivision; 3498 Tons Lane. (Gerald Wilson and Nancy Kemp) BOB PEDERSON indicated 17 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended either approval or denial of this request. Regular Session Closed. Public Hearing Opened: r Seeing and hearing none. (I Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a request for a variance from Section 17.19.040(A) of the Borough Code to permit a new single-family residence to encroach eleven (11) feet into the required twenty-five (25) foot front yard setback in a R2--Two-Family Residential Zoning District on Lot 13, Block 1, Tons Subdivision, and to adopt findings 1A, 2A, 3A, 4A, 5A, and 6A. contained in the staff report dated March 7, 1988, as "Findings of Fact" for this case. The motion was seconded. KIBS226444 Planning & Zoning Commission 9 March 16, 1988 Minutes A discussion ensued amongst the Commissioners regarding the lot's unique physical characteristics and the applicant's efforts to accommodate a single-family residence on the lot in conformance with Title 17. The consensus was that the lot had unique physical characteristics. The question was called and the motion CARRIED by unanimous roll call vote. FINDINGS OF FACT 1 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 unique physical conditions applicable to this lot are the 20 foot offset bulb in the Tons Lane cul-de-sac right-of-way and the fact that a large portion of the 14,252 square foot lot is below the mean high water line (MHWL) or over the top of the steep bank. These conditions create a building envelope that is not very deep, especially if the proposed structure maintains a separation from the edge of the steep bank for safety reasons. Other lots along this side of Tons Lane are not impacted by the offset in the cul-de-sac bulb. 2. Strict application of the Practical difficulties or , A. Strict application of the zoning ordinance would require placement of the structure very near the top of the steep bank. This creates possible practical difficulties for construction and is an unnecessary hardship given the physical conditions that justify granting of a variance. 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 will enhance the public's safety by locating the residence further back from the top of the steep bank. 4. The RrantinQ of the variance will not A. Granting of the variance will not be detrimental to the comprehensive plan which identifies this lot for medium density residential development. The front yard setback variance will not change the permitted land uses or density of development. 5. That actions of the conditions A. In this case, actions of the applicant have not caused r the conditions from which relief is being sought by a Ij variance. The variance will be decided prior to construction of the single-family residence. 6. That the granting of the variance will not permit a prohibited land use in the district involved. A. Single-family residences are a permitted land use in the R2--Two-Family Residential Zoning District. KIBS226445 Planning & Zoning Commission 10 March 16, 1988 Minutes F) CASE 87-036. Request to rezone Lot 1, Block 1, Woodland Acres Subdivision 2nd Addition from RR1--Rural Residential One to B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. Located at 3438 Woodland Drive. (Faith Baptist Church) THIS IS A NEW PUBLIC HEARING ON THIS REZONE. On February 17, 1988, the Planning and Zoning Commission rescinded their previous actions to table and postpone further discussion on this rezone until a new comprehensive plan was completed. The purpose of this hearing is to gather additional information in order to make a definitive decision on this case. BOB PEDERSON indicated 38 public this case and 5 were returned, recommended denial of this request. Regular Session Closed. Public Hearing Opened: hearing notices were mailed for opposing this request. Staff COMMISSIONER ANDERSON requested to be excused due to a conflict of interest. CHAIRMAN RENNELL excused COMMISSIONER ANDERSON. TUCK BONNEY appeared before the Commission and expressed opposition to this request. Mr. Bonney noted that spot zoning was "not the way to go" in this area and that a comprehensive plan needed to be developed prior to rezoning particular lots in the area. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 1, Block 1, Woodland r Acres Subdivision Second Addition from RR1--Rural Residential One to B--Business in accordance with Chapter 17.72 of the Borough Code. The motion was seconded. A discussion ensued amongst the Commissioners, with input from Community Development Department staff, regarding covenants against pot storage on lots in this area as noted in one of the public hearing notice responses. Staff noted that covenants are enforceable privately (between the individuals involved) and that the Borough does not recognize or enforce subdivision covenants. The question was called and the motion FAILED by unanimous roll call vote. COMMISSIONER HENDEL MOVED TO ADOPT the findings contained in the staff report dated February 26, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll Call vote. FINDINGS OF FACT A. Findings as to the Need and Justification for a Change or Amendment. A rezone from RR1--Rural Residential One to B--Business is not needed or justified because the business district permits development that is potentially incompatible with nearby residential uses, is not in keeping with the existing and emerging residential development pattern east of Rezanof Drive and could result in adverse traffic and access impacts. This request can also be considered to have the characteristics of "spot zoning." Lastly, rezoning this single lot does not provide for adequate consideration of the cumulative impacts of commercial development in the surrounding area. KIBS226446 Planning & Zoning Commission 11 March 16, 1988 Minutes B. Findings as to the Effect a Change or A rezone to B--Business is consistent with the comprehensive plan which designates this area for business development. It should be noted, however, that this business designation can be considered to be out-of-date for this property. COMMISSIONER ANDERSON returned to the Planning and Zoning Commission. G) CASE 88-014. Request for an exception from Section 17.24.010 (Permitted Uses) of the Borough Code to permit a temporary (one year) outdoor visitor campground to locate in an I --Industrial Zoning District in Gibson Cove. The campground will consist of sixty-five (65) tent sites, cooking facilities, restrooms and showers, and a recreational/shelter structure on a two (2) acre site. Located within a Portion of U.S. Survey 1673 in Gibson Cove. (City of Kodiak) BOB PEDERSON indicated 9 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to one condition of approval. Staff noted that Jeri Jensen, Chairman of the Camping Work Group, had contacted Community Development Department staff to express support for this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. .r- Regular Session Opened. ICOMMISSIONER HENDEL MOVED TO GRANT a request for an exception from Section 17.24.010 of the Borough Code to permit a temporary (one year) outdoor visitor campground to locate in an I --Industrial Zoning District in Gibson Cove on a Portion of U.S. Survey 1673, and to adopt the findings contained in the staff report dated March 9, 1988 as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the NPDES permitting process, the necessity of the condition of approval outlined in the staff report, the tent platforms, and the necessity of requiring clean up of the area after the campground is abandoned. The consensus was that the condition of approval outlined in the staff report was not necessary and was removed by a "friendly amendment," with the concurrence of the second. The question was called and the motion CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. That the use as proposed in the application, or under r appropriate conditions or restrictions, will not (A) endanger I the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use will not endanger the public's health, safety, or general welfare. Public health and safety concerns will be assured by provision of restroom and shower facilities, compliance with ADEC and Building Code regulations, and the presence of an onsite caretaker. All facilities will be connected to the City water and sewer systems. Additional fencing for KIBS226447 onsite security is also under consideration. Planning & Zoning Commission 12 March 16, 1988 Minutes Additionally, staff feels that the proposed facility will enhance rather than detract from the public's general welfare. A permitted group camping area for summer workers and visitors is a long standing need of the community and this facility is a first step in addressing this need. This enhances the public welfare by providing a place to stay for the summer transient workforce upon which the seafood processing plants depend. B. The proposed use will be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.24, the Industrial District. Section 17.24.005(B) encourages the prohibition of all residential uses not associated with industries. This campground will primarily house workers for the seafood processing industry, as does the nearby bunkhouse. C. The proposed use does not appear to adversely impact other properties or uses in the neighborhood. A bunkhouse is already located in Gibson Cove and has not shown to be a detriment to nearby land uses. The majority of land surrounding Gibson Cove should be compatible with the existing uses of the site, especially given its portability. H) CASE 88-015. Request for a conditional use permit in accordance with Section 17.21.030(D) (Conditional Uses) of the Borough Code to permit a single-family residence that comprises less than fifty (50) percent of the area of the structure to locate in a new addition to an existing structure, which will contain three (3) permitted businesses (restaurant, service and retail shops) in a B--Business Zoning District; and a Request for a variance from Section 17.57.020(2) 1 (Off-street Parking --Number of Spaces Required) of the Borough Code to allow the permitted businesses (existing restaurant and the proposed marine repair and supply and dog grooming businesses), and a single-family residence to provide only twenty-four (24) off-street parking spaces instead of the required thirty-one (31) off-street parking spaces in a B--Business Zoning District on Lot 3A, Block 1, Airpark Subdivision; 1819-1821 Mill Bay Road (B. Joan Hood/Charlene Chase) BOB PEDERSON indicated 74 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff noted that the applicant had provided a revised parking plan which resulted in the elimination of the need for a parking variance. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS226448 A discussion ensued amongst the Commissioners, with input from Community Development Department staff, and Mr. Lentz (in the audience) regarding the site of the addition and the revised parking plan. COMMISSIONER ANDERSON MOVED TO acknowledge that the applicant has enough parking and recommends that the applicant work out a parking plan with Community Development Department staff. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER KNUDSEN MOVED TO GRANT a conditional use permit in accordance with Section 17.21.030(D) of the Borough Code for a single-family residence that will not exceed fifty (50) percent of the area of the structure to locate within a commercial structure Planning & Zoning Commission 13 March 16, 1988 Minutes on Lot 3A, Block 1, Airpark Subdivision. The motion was seconded and CARRIED by majority roll call vote. Commissioner Rennell voted "no." The Commission deferred findings of fact for this case until the April 20, 1988 regular meeting. I) CASE S-88-003. Preliminary subdivision of an Unsubdivided Portion �- of U.S. Survey 4947 (on Near Island), creating Tract C (a 2.5 acre jl tract located across the right-of-way northwest of Tract A and north of Tract B, Plat No. 86-20, Fisheries Industrial Technology Center). (Kodiak Area Native Association) BOB PEDERSON that the Borough Engineer recommended preliminary approval of this request. Regular Session Closed. Public Hearing Opened: RICK KNECHT, representing the Kodiak Area Native Association, appeared before the Commission and expressed support for this request. COMMISSIONER ANDERSON asked about the access to the property. Mr. Knecht stated that KANA was aware of the steepness of the frontage. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT preliminary approval of the subdivision of an Unsubdivided Portion of U.S. Survey 4947, creating Tract C (a 2.5 acre tract located across the right-of-way northwest of Tract A and north of Tract B, Plat No. 86-20, Fisheries Industrial Technology Center) subject to the conditions outlined in the memorandum from the Borough Engineer dated March 9, 1988, condition number one to read, "The final plat or the final roadway construction design shall include provision of a sidewalk on at least one side of the road." The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The final roadway construction design shall include provision of a sidewalk on at least one side of the road. 2. The right-of-way shall be named on the final plat. 3. Zoning compliance for issuance of a building permit for a structure on Tract "C", U.S. Survey 4947 shall not be granted until completion of roadway construction. J) Planning and Zoning Commission review of a September 1987 joint Borough/City study of possible sites for a permanent fishing gear storage area. BOB PEDERSON reported he had no additional comments or information. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON noted that the City Council of the City of Kodiak had decided to let the private sector take care of the fishing gear storage problem and recommended the Commission take no action. KIBS226449 Planning & Zoning Commission 14 March 16, 1988 Minutes COMMISSIONER HENDEL recommended a long range goal of locating fishing gear storage on Near Island. COMMISSIONER KNUDSEN recommended public education on where gear storage is legally allowed. COMMISSIONER HEINRICHS recommended that a letter be written to the City Council from the Commission stating that the Commission recommends Near Island for a permanent fishing gear storage area. A discussion ensued amongst the Commissioners regarding the items to be addressed in the letter to the City Council. The consensus was to include the following items in the letter: (1) a recommendation that Swampy Acres be developed for fishing gear storage as a short term solution; (2) a recommendation that an area on Near Island be developed for fishing gear storage as a long term solution; and (3) that efforts at public education be pursued to inform the public as to which zoning districts allow fishing gear storage. The Commission directed staff to write the letter and requested that the draft letter be placed on the March 23, 1988, worksession agenda for review by the Planning and Zoning Commission. It was also requested that an effort at public education be pursued by placing informational notices on the Borough's newspage. VII. OLD BUSINESS A) Senate Bill 475. "An Act Establishing the Tugidak Island Critical Habitat Area; and Providing for an Effective Date." COMMISSIONER THOMPSON MOVED TO ACKNOWLEDGE RECEIPT of Item VII(A). The motion was seconded and CARRIED by unanimous voice vote. r There was no further old business. VIII. NEW BUSINESS A) Deleted. B) Request for Planning and Zoning Commission interpretation of whether a small scale fish smoking and meat processing and retail and wholesale sales is a permitted use in the B--Business Zoning District. COMMISSIONER ANDERSON MOVED TO determine that a use that can be defined as retail sales and services is permitted in the business district. The motion was seconded and CARRIED by unanimous roll call vote. There was no further new business. IX. COMMUNICATIONS COMMISSIONER ANDERSON MOVED TO ACKNOWLEDGE RECEIPT of items A through H of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Womens Bay Community Council Comprehensive Public Notice. Planning Committee B) Letter dated February 23, 1988, to Patty Bielawski, OMB-DGC, from Linda Freed, re: St. Paul Harbor 34 - SID AK 880210-06A (with COE notice). C) "Mining as a Recreational Activity in Conservation Zoning Districts," Planning and Zoning Commission Interpretation with cover letter dated February 25, 1988. D) Pamphlet from the Ketchikan Community Development Corporation, entitled "Historic Ketchikan 88." KIBS226450 Planning & Zoning Commission. 15 March 16, 1988 Minutes T F F E) Womens Bay Comprehensive Planning Committee Minutes: February 9, 1988 (eighth meeting) and February 23, 1988 (ninth meeting). F) Letter (draft) dated March 2, 1988, from Womens Bay Comprehensive Planning Committee Coordinator to Linda Freed, re: Implementation of Comprehensive Plan. G) Joint Womens Bay Community Council and Comprehensive Planning Committee Minutes: March 8, 1988 (tenth meeting) with attachments. H) Flier distributed by the Alaska Department of Community and Regional Affairs, re: Alaska's Energy Conservation Standard for New Buildings workshops. There were no further communications. X. REPORTS [ISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of item A of reports. motion was seconded and CARRIED by unanimous voice vote. A) Status Report from the Community Development Department - February 1988. COMMISSIONER HEINRICHS requested review of some of the items listed on page 7 of the February 1988 Community Development Department Status Report: the "development checklist" and the "Certificate of Occupancy Checklist." XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS CHAIRMAN RENNELL questioned staff regarding Communication item (F). COMMISSIONER HENDEL discussed the state of repair of Mill Bay Road. COMMISSIONER KNUDSEN discussed the state of repair of the East Elementary School parking lot. COMMISSIONER HEINRICHS noted that he was the Planning and Zoning Commission's representative at the Kodiak Island Borough Assembly meeting scheduled for March 17, 1988, and noted that there were four land related items on the agenda. A general discussion ensued concerning these items. COMMISSIONER HARTT noted that he had spoken to several fishermen concerning the fishing gear storage item and that the fishermen indicated that allowing private enterprise to take care of the issue was the "way to go." COMMISSIONER HENDEL reported on the Consolidation Task Force. XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 9:05 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Steve Rennell, Chairman ATTEST By: Patricia Miley, c etary Community DeveloNRdnt Department DATE APPROVED: Ae22N4- a0j 19£'9 A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH KIBS226451 COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Commission 16 March 16, 1988 Minutes