1988-05-18 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - MAY 18, 1988
7:30 p.m.
AGENDA
I CALL TO ORDER
FII ROLL CALL
III APPROVAL OF AGENDA
IV MINUTES OF PREVIOUS MEETINGS:
Regular Meeting of April 20, 1988
V APPEARANCE REQUESTS AND AUDIENCE COMMENTS
A) Case 87-028. Planning and Zoning Commission annual review of an
exception which authorized the storage and wholesale and retail sales of
chemicals (including chlorine) and compressed gas in a B--Business
Zoning District. Lot 24, Block 1, Russian Creek Alaska Subdivision;
11590 Rezanof Drive West. (Woodruff & Associates/Altex Distributing
Company)
B) Case 5-85-016. Request for an extension to May 17, 1989, of the
preliminary plat approval period for the subdivision of Parcel P-1, U.S.
Survey 3218 and a Portion of Lot 1, Block 2, Miller Point Alaska
Subdivision First Addition, U.S. Survey 3463, to Holland Acres
Subdivision Second Addition. The original approval was granted on May
15, 1985, and two (2) one year extensions have previously been granted
by the Planning and Zoning Commission. (Scott Arndt)
VI PUBLIC HEARINGS
A) Case 88-022. Request for a variance from Section 17.40.010(B)
(Projections into Required Yards) of the Borough Code to permit the
construction of an awning onto the existing single-family residence to
encroach an additional two (2) feet beyond the two (2) feet permitted
under Section 17.40.010(B) of the Borough Code, into the required
twenty-five (25) foot front yard setback in a Rl--Single-Family
Residential Zoning District. Lot 15, Block 47, East Addition; 1415
Baranof Street. (William Nippes)
B) Case 88-023. Request for an exception from Section 17.20.020 (Permitted
Uses) of the Borough Code to permit the construction of a second 40 foot
by 80 foot fishing gear storage building in a R3--Multifamily
Residential Zoning District. Lot 3, Block 1, Kadiak Alaska 1st
Addition; 3310 Rezanof Drive East. (William Alwert/Buccaneer
Enterprises)
C) Case 88-024. Request for an exception from Section 17.18.020 (Permitted
Uses) of the Borough Code to permit approximately ten (10) acres of land
to be used for the municipal landfill in a R1--Single-Family Residential
Zoning District. Tract D, U.S. Survey 4871 (City of Ouzinkie/Ouzinkie
Native Corporation)
r D) Case 88-025. Request to rezone Lots 5 through 8, Block 1, Chiniak
I Subdivision (Preliminary Plat Case 5-85-066) from RR2--Rural Residential
Two to PL--Public Use Lands in accordance with Chapter 17.72 (Amendments
and Changes) of the Borough Code. Located at Mile 41 Chiniak Highway
(behind the school). (Kodiak Island Borough)
E) Case 88-026. Request to rezone Lots 17 and 18, Block 8; Lots 1 through
6, Block 11; and Lots 7 and 35 through 59, Block 12, Aleutian Homes
Subdivision from Rl--Single-Family Residential to B--Business or
R2--Two-Family Residential in accordance with Chapter 17.72 (Amendments
and Changes) of the Borough Code. THIS IS AN INFORMATIONAL HEARING. AN
ADDITIONAL PUBLIC HEARING WILL BE HELD AT THE JUNE 15, 1988 REGULAR
MEETING. On the north side of the street from 521 through 1119 Mill Bay
KIBS226473
P & Z Regular Meeting Agenda - 1 - May 18, 1988
Road (from Thwing's old key shop to the old Harvester building), and 111
Birch Street. (Property Owners)
F) Case 88-027. Request to investigate the rezoning of Lots 4 through 11,
Block 3, Lakeside Subdivision from I --Industrial to a different zoning
district classification in accordance with Chapter 17.72 (Amendments and
Changes) of the Borough Code. 2327, 2289, 2249, 2207, 2165, and 2095
Selief Lane; 443 Von Scheele Way; and, Lot 10 is presently a greenbelt
�^ extending from Selief Lane (along Beaver Lake Drive) to Von Scheele Way.
I(Kodiak Island Borough)
G) Case 88-028. Request for an exception from Section 17.20.020 (Permitted
Uses) of the Borough Code to permit the existing church to provide (1) a
caretaker's apartment, (2) a shelter for the homeless, and (3) temporary
housing for organized groups (a maximum of thirty (30) people) four
times each year in a R3--Multifamily Residential Zoning District. Part
of Lot 8, Block 3, Kodiak Townsite; 216 Mill Bay Road. (Community
Baptist Church)
H) Case 88-030. Request for an exception from Section 17.21.020 (Permitted
Uses) of the Borough Code to permit (1) one additional unrelated
individual to reside in the existing single-family residence and (2) a
shelter for the homeless in the B--Business Zoning District. Lot 6,
Block 1, Kodiak Townsite Subdivision; 623 Tagura Road. (Olive
Tree/Joseph Jensen)
I) Case 88-032. Request for a variance from Section 17.60.030(C and G)
(Residential District Signs) of the Borough Code to permit one (1) sign
totalling thirty-two (32) square feet [seven (7) square feet larger than
the permitted twenty-five (25) square feet] to be free-standing, and not
at least ten (10) feet back from the property line, to locate in the
right-of-way and without a building on the lot for the purpose of
identifying the new hospital site in a R2--Two-Family Residential Zoning
District. Tract R-IA, U.S. Survey 3218; 3235 Rezanof Drive East.
(Kodiak Island Borough)
J) Case 87-068. Review of preliminary approval 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 2,000
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.
The purpose of this hearing is to conduct a final review of the
conditional use permit as a result of the issuance of a conclusive
consistency determination for this project by the State of Alaska. The
Planning and Zoning Commission may modify or expand the conditions of
approval as part of this final review. (Yoram Palkovitch/State of
Alaska Department of Natural Resources)
KIBS226474
P & Z Regular Meeting Agenda - 2 - May 18, 1988
K) Case S-88-006. Request for preliminary subdivision of the Remainder of
Lot 4, Block 1, Kadiak Alaska Subdivision First Addition to Lot 4A
(97,398 square feet) and creating Plover Way right-of-way, connecting
Perenosa Drive and Rezanof Drive East. (Michael Anderson)
L) Case S-88-007.
Request for preliminary subdivision of
a Portion of
Tract C-1, U.S.
Survey 1682 to Lots 4 through 8 and 33 through 36, Block
11, Woodland Acres Subdivision Seventh Addition. (Michael
Anderson)
M) Case S-88-008.
Request for preliminary subdivision of Lot
12, Block 1,
Miller Point Alaska Subdivision Second Addition to Lots
12A and 12B.
(Jane Petrich)
VII OLD BUSINESS
A) Case 88-019. Findings of Fact for the denial of a variance which would
have permitted an existing accessory building that is located five (5)
feet from the rear property line, to be remodeled into living space and
connected to the existing single-family residence, to project five (5)
feet into the required ten (10) foot rear yard setback in a
R1--Single-Family Residential Zoning District. Portion of Lot 18, Block
2, Leite Addition; 1515 Mission Road. (Rasmus Anderson)
B) Case S-88-004. Findings of Fact for the granting of preliminary
approval for the subdivision of Lot 7, Block 1, Kodiak Townsite Alaska
Subdivision, U.S. Survey 2537B, to Lots 7A and 7B. (Island Properties,
Inc.)
VIII NEW BUSINESS
IX COMMUNICATIONS
A) Letter dated April 27, 1988, to Gaye J. Vaughan, CMC, from Paul H.
r Cragan, Hughes Thorsness Gantz Powell & Brundin.
IX REPORTS
A) Community Development Department Monthly Status Report - April 1988
F
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.
lk 4F lF
Minutes for this meeting are available upon request, call the Community
Development Department at 486-5736, extension 256.
KIBS226475
P & Z Regular Meeting Agenda - 3 - May 18, 1988
7 IX COMMUNICATIONS
F
F
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - MAY 18, 1988
7:30 p.m.
AGENDA ADDITIONS
B) Minutes from the Womens Bay Comprehensive Planning Committee:
April 12, 1988
April 27, 1988
C) State of Alaska Division of Governmental Coordination Project
Information Sheet; Project Title: Ouzinkie Small Boat Harbor -
Info Review.
KIBS226472
Agenda Additions/Deletions - 1 - May 18, 1988 P&Z
r
I. CALL TO ORDER
II
III
IV
u
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - MAY 18, 1988
The Regular Meeting of the Planning and Zoning Commission was called to
order at 7:30 p.m. by Vice Chairman Mike Anderson on May 18, 1988 in the
Borough Assembly Chambers.
ROLL CALL
Commissioners Present:
Others Present:
Mike Anderson, Vice Chairman Gordon Gould, Associate Planner/
Jon Hartt Enforcement, Community Development
Robin Heinrichs Department
Tom Hendel Patricia Miley, Secretary
Mary Lou Knudsen Community Development Department
Scott Thompson Dave Crowe, Borough Engineer
Commissioners Absent:
Steve Rennell, Excused
A quorum was established.
APPROVAL OF AGENDA
Others Absent:
Linda Freed, Director,
Community Development Department
Staff reported the following additions to the agenda:
IX COMMUNICATIONS
B) Minutes from the Womens Bay Comprehensive Planning Committee:
April 12, 1988
April 27, 1988
C) State of Alaska Division of Governmental Coordination Project
Information Sheet; Project Title: Ouzinkie Small Boat Harbor
- Info Review.
COMMISSIONER THOMPSON MOVED TO ACCEPT the agenda with the additions
reported by staff. The motion was seconded and CARRIED by unanimous
roll call vote.
MINUTES OF PREVIOUS MEETING
COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the April 20,
1988, Planning and Zoning Commission regular meeting as presented. The
motion was seconded and CARRIED by unanimous roll call vote.
APPEARANCE REQUESTS AND AUDIENCE COMMENTS
AUDIENCE COMMENTS:
KIBS226476
CHRIS PROVOST appeared before the Commission and requested permission to
speak at this time regarding Public Hearing Item VI-J.
A discussion ensued amongst the Commissioners, Engineering Department
staff, and Community Development Department staff. The consensus was
that Mr. Provost could speak at this time.
CHRIS PROVOST, representing the Kodiak Audubon Society (KAS), requested
that the Planning and Zoning Commission require a performance bond to
cover the costs of (1) removing equipment, structures, etc., and (2)
cleaning up any oil spilled on Sitkinak Island.
A discussion ensued between Commissioner Heinrichs and Mr. Provost
regarding the proposed performance bond. Mr. Provost stated that KAS
Planning & Zoning Commission 1 of 18 May 18, 1988 Minutes
would like to see a "reasonable" performance bond required based on the
amount of fuel present on the site.
There were no further audience comments.
APPEARANCE REQUESTS:
A) Case 87-028. Planning and Zoning Commission annual review of an
exception which authorized the storage and wholesale and retail
sales of chemicals (including chlorine) and compressed gas in a
B--Business Zoning District. Lot 24, Block 1, Russian Creek Alaska
Subdivision; 11590 Rezanof Drive West. (Woodruff &
Associates/Altex Distributing Company)
COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of the staff
report dated May 10, 1988. The motion was seconded and CARRIED by
unanimous roll call vote.
B) Case S-85-016. Request for an extension to May 17, 1989, of the
preliminary plat approval period for the subdivision of Parcel P-1,
U.S. Survey 3218 and a Portion of Lot 1, Block 2, Miller Point
Alaska Subdivision First Addition, U.S. Survey 3463, to Holland
Acres Subdivision Second Addition. The original approval was
granted on May 15, 1985, and two (2) one year extensions have
previously been granted by the Planning and Zoning Commission.
(Scott Arndt)
DAVE CROWE withdrew his objections to the requested extension.
COMMISSIONER KNUDSEN MOVED TO GRANT an extension to May 17, 1989,
of the preliminary plat approval period for the subdivision of
Parcel P-1, U.S. Survey 3218 and a Portion of Lot 1, Block 2,
Miller Point Alaska Subdivision First Addition, U.S. Survey 3463,
to Holland Acres Subdivision Second Addition. The motion was
seconded and CARRIED by unanimous roll call vote.
There were no further appearance requests.
VI. PUBLIC HEARINGS
A) Case 88-022. Request for a variance from Section 17.40.010(B)
(Projections into Required Yards) of the Borough Code to permit the
construction of an awning onto the existing single-family residence
to encroach an additional two (2) feet beyond the two (2) feet
permitted under Section 17.40.010(B) of the Borough Code, into the
required twenty-five (25) foot front yard setback in a
R1--Single-Family Residential Zoning District. Lot 15, Block 47,
East Addition; 1415 Baranof Street. (William Nippes)
GORDON GOULD indicated 36 public hearing notices were mailed for
this case and none were returned. Staff recommended approval of
this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNUDSEN MOVED TO GRANT a request for a variance from
Section 17.40.010(B) of the Borough Code to permit the construction
of an awning onto the existing single-family residence to encroach
an additional two (2) feet beyond the two (2) feet permitted under
Section 17.40.010(B) of the Borough Code, into the required
twenty-five (25) foot front yard setback in a Rl--Single-Family
Residential Zoning District. Lot 15, Block 47, East Addition; and
to adopt the findings contained in the staff report dated May 10,
1988, as "Findings of Fact" for this case. The motion was seconded
and CARRIED by unanimous roll call vote.
Planning & Zoning Commission 2 of 18
KIBS226477
May 18, 1988 Minutes
r
FINDINGS OF FACT
1. Except
the property or inreuaea use or aevelopmenr, wnicn generaliv
do not apply to other properties in the same land use
In this case, the exceptional physical condition is the
placement of the existing structure on the lot (please see the
as -built accompanying the staff report for the placement of
the existing structure). Any addition of a cover for the
front walkway, wide enough to provide some protection from the
weather, will require a variance. The house was built prior
to 1973 and during this time covered walkways 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 a walkway cover more than two (2) feet in
width. This is a practical difficulty and unnecessary
hardship when many other residences in the community and
surrounding subdivisions have arctic entries which provide
more weather protection than the requested walkway cover.
3. The granting of the variance will not result in material
damages or prejudice to other properties in the vicinity nor
be detrimental to the public's health, safetv and welfare.
Granting of this variance will not result in material damages
or prejudice to other properties in the area. The addition of
this walkway cover will not block sight distance on Baranof
Street. A number of other residences in the community have
arctic entries and the Commission has granted variances in the
past for arctic entry additions. This walkway cover is less
of an intrusion into the front yard than an arctic entry would
be.
4. The ¢ranting of the variance will not be contrary to the
5.
obiectives of the Comprehensive Plan.
Granting of the variance will not be contrary to the
objectives of the comprehensive plan because the allowable
uses and densities in the area will remain unchanged.
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
walkway cover.
6. That the granting of the variance will not permit a prohibited
Single-family residences are a permitted land use in this
district.
B) Case 88-023. Request for an exception from Section 17.20.020
(Permitted Uses) of the Borough Code to permit the construction of
a second 40 foot by 80 foot fishing gear storage building in a
R3--Multifamily Residential Zoning District. Lot 3, Block 1,
Kadiak Alaska 1st Addition; 3310 Rezanof Drive East. (William
Alwert/Buccaneer Enterprises)
Planning & Zoning Commission 3 of 18
KIBS226478
May 18, 1988 Minutes
GORDON GOULD indicated 11 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 two conditions.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNUDSEN MOVED TO GRANT a request for an exception from
Section 17.20.020 of the Borough Code to permit the construction of
a second 40 foot by 80 foot fishing gear storage building in a
R3--Multifamily Residential Zoning District. Lot 3, Block 1,
Kadiak Alaska 1st Addition; subject to the conditions of approval
outlined 1n the staff report dated May 10, 1988, and to adopt the
findings contained in the staff report dated May 10, 1988, as
"Findings of Fact" for this case. The motion was seconded.
A discussion ensued amongst the Commissioners, Mr. Alwert, Scott
Arndt, and Community Development Department staff regarding the
wording of condition of approval number 2 and the history of the
fence being placed in the State right-of-way. The consensus was
that condition of approval number 2 in no way limited the
applicant's right to apply for a variance to use the space between
Lot 3 and the fence.
The question was called and the motion CARRIED by unanimous roll
call vote.
r CONDITIONS OF APPROVAL
t 1. Prior to the issuance of zoning compliance for the
` construction of the new building, an as -built of the existing
building and fence will be completed and provided to the
Kodiak Island Borough Community Development Department; and
2. Prior to occupying the new building, all the fishing gear must
be relocated entirely within Lot 3.
FINDINGS OF FACT
1. That the use as proposed in the application, or under
appropriate conditions or restrictions, will not (A) endanger
the public's health, safety or general welfare, (B) be
inconsistent with the general purposes and intent of this
title and (C) adversely impact other properties or uses in the
neighborhood.
A. The proposed use will not be detrimental to the public's
health, safety, or general welfare, because the use will
utilize a lot that is already used for the storage of
fishing gear. The land use will not materially change
except for the addition of one building. The existing
use has not been shown to be detrimental to the public's
health, safety, or welfare. In fact, in 1986 the
Commission removed two conditions placed on the original
exception, feeling that they were no longer appropriate.
B. Granting of an exception for a nonresidential use is
generally inconsistent with the purposes and intent of
Title 17, and with the specific description and intent of
Chapter 17.20, the R3--Multifamily Residential Zoning
District. However, the Commission has already granted an
exception for the requested type of use on the property,
and subsequently removed conditions of approval that tied
the exception to some future residential land use. In
addition, the proposed use will be no more inconsistent
with Chapter 17.20 than the existing use of the land.
KIBS226479
Planning & Zoning Commission 4 of 18 May 18, 1988 Minutes
C. The proposed use does not appear as if it will adversely
impact other properties in the area. The use proposed is
not substantially different from the existing use and
should therefore not adversely impact the mix of uses in
the area. The lot also has good access onto Rezanof.
This should limit any potential traffic impacts.
Although, staff would like to note, that based on the
airphotos of the site, the existing building may encroach
into the required front yard setback. In addition, it
appears that the fence and much of the fishing gear is
located in the State Highway right-of-way. Staff would
like to ensure that the new building, if approved, does
not encroach into the required setback and that the
fishing gear is located wholly within Lot 3.
C) Case 88-024. Request for an exception from Section 17.18.020
(Permitted Uses) of the Borough Code to permit approximately ten
(10) acres of land to be used for the municipal landfill in a
R1--Single-Family Residential Zoning District. Tract D, U.S.
Survey 4871 (City of Ouzinkie/Ouzinkie Native Corporation)
GORDON GOULD indicated 9 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 one condition.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HENDEL MOVED TO GRANT a request for an exception from
I Section 17.18.020 of the Borough Code to permit approximately ten
(10) acres of land to be used for the municipal landfill in a
R1--Single-Family Residential Zoning District. Tract D, U.S.
Survey 4871; subject to the conditions of approval outlined in the
staff report dated May 10, 1988, and to adopt the findings
contained in the staff report dated May 10, 1988, as "Findings of
Fact" for this case. The motion was seconded and CARRIED by
unanimous roll call vote.
CONDITION OF APPROVAL
1. That the City of Ouzinkie/Ouzinkie Native Corporation obtain
the signature of, or a letter of approval from, the property
owner (Bureau of Land Management) prior to obtaining zoning
compliance for the project.
FINDINGS OF FACT
1. That the use as proposed in the application, or under
appropriate conditions or restrictions, will not (A) endanger
the public's health, safety or general welfare, (B) be
inconsistent with the general purposes and intent of this
title and (C) adversely impact other properties or uses in the
neighborhood.
A. It appears that the proposed use will not endanger the
public's health, safety, or general welfare. In fact,
the project will improve the public's health, safety, and
general welfare by providing a new, properly designed and
constructed landfill.
B. The proposed project will be generally consistent with
the purposes and intent of Title 17. Exceptions are
provided for in Borough Code to permit land uses which
are not specifically permitted by zoning district
regulations. Landfills are only identified as
conditionally permitted uses in the C--Conservation and
KIBS226480 I --Industrial Zoning Districts and there are no areas
Planning & Zoning Commission 5 of 18 May 18, 1988 Minutes
zoned C--Conservation or I --Industrial in the municipal
boundaries. This project is consistent with Title 17
because it is identified in the 1984 Comprehensive Plans
for Ouzinkie; it will not interfere with the continuation
of single-family residences in the district (17.18.010B);
and it is unlikely that all areas within the corporate
boundaries of Ouzinkie that are zoned R1--Single-Family
Residential (more than 8 square miles) will be actually
developed with R1--Single-Family Residential uses.
C. The proposed use does not appear to adversely impact
other properties or uses in the area because all
surrounding land is under the same ownership and
undeveloped. The project location should provide
adequate separation from any other land uses.
D) Case 88-025. Request to rezone Lots 5 through 8, Block 1, Chiniak
Subdivision (Preliminary Plat Case S-85-066) from RR2--Rural
Residential Two to PL--Public Use Lands in accordance with Chapter
17.72 (Amendments and Changes) of the Borough Code. Located at
Mile 41 Chiniak Highway (behind the school). (Kodiak Island
Borough)
COMMISSIONER HEINRICHS requested to be excused due to a potential
conflict of interest. CHAIRMAN ANDERSON excused COMMISSIONER
HEINRICHS.
GORDON GOULD indicated 74 public hearing notices were mailed for
this case and 4 were 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 KNUDSEN MOVED TO RECOMMEND that the Kodiak Island
Borough Assembly approve the rezoning of Lots 5 through 8, Block 1,
Chiniak Subdivision (Preliminary Plat Case S-85-066) from
RR2--Rural Residential Two to PL--Public Use Lands in accordance
with Chapter 17.72 of the Borough Code; and to adopt the findings
contained in the staff report dated May 11, 1988, as "Findings of
Fact" for this case. The motion was seconded and CARRIED by
unanimous roll call vote.
FINDINGS OF FACT
1. Findings as to the Need and Justification for a Change or
A rezone of these lots to PL--Public Use Lands is justifiable
in providing suitable land for future public services. This
area is suitable because of the safety features of the site;
these lots are located away from possible tsunami damage. The
land's proximity to the existing school site is a distinct
advantage in tying the two public areas into a future node of
public development.
2. Findings as to the Effect a Change or Amendment would have on
The proposed rezoning is consistent with the objectives of the
Chiniak Area Comprehensive Plan (1987) in providing
"additional borough -owned land" for a tsunami shelter,
emergency medical services facilities, fire service, etc.
(Chiniak Area Comprehensive Plan, page 64).
COMMISSIONER HEINRICHS returned to the Planning and Zoning
Commission.
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Planning & Zoning Commission 6 of 18 May 18, 1988 Minutes
E) Case 88-026. Request to rezone Lots 17 and 18, Block 8; Lots 1
through 6, Block 11; and Lots 7 and 35 through 59, Block 12,
Aleutian Homes Subdivision from R1--Single-Family Residential to
B--Business or R2--Two-Family Residential in accordance with
Chapter 17.72 (Amendments and Changes) of the Borough Code. THIS
IS AN INFORMATIONAL HEARING. AN ADDITIONAL PUBLIC HEARING WILL BE
HELD AT THE JUNE 15, 1988 REGULAR MEETING. On the north side of
the street from 521 through 1119 Mill Bay Road (from Thwing's old
key shop to the old Harvester building), and Ill Birch Street.
(Property Owners)
GORDON GOULD indicated 351 public hearing notices were mailed for
this case and 8 were returned, 3 in favor and 3 opposing this
request. The 2 other responses were in favor if the rezone was to
R2 or if Mill Bay Road was widened in this area. Staff recommended
tabling this request for another public hearing at the June 15,
1988 regular meeting.
Regular Session Closed.
Public Hearing Opened:
CRAIG JOHNSON, representing Mr. and Ms. Harris, appeared before the
Commission and expressed support for this request. Mr. Johnson
stated that two meetings were held at the public library and that
property owners and adjacent property owners were invited to
attend. Mr. Johnson also reported that Linda Freed, Toby Cook and
he were on KVOK's Hotline to answer the community's questions on
this topic. Mr. Johnson endorsed the plan that would rezone Lots
39 through 46, Block 12, from RI to R2 and all the other lots to
Business.
STEVE AVERY, 719 Lower Mill Bay Road, appeared before the
Commission and expressed support for Mr. Johnson's proposal for the
gradual rezoning to Business. Mr. Avery stated that he and his
neighbor had resolved their off-street parking problems by using a
retaining wall.
ROBERT GRAY, property owner, appeared before the Commission and
expressed support for this request. Mr. Gray stated he was in
favor of the proposal that would rezone Lots 39 through 46, Block
12, to R2 as it would provide a good transition to Business. Mr.
Gray stated he was working with his neighbor, Mr. Avery, to improve
their off-street parking.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HENDEL MOVED TO TABLE Case 88-026 for an additional
public hearing at the June 15, 1988, Planning and Zoning Commission
Regular Meeting, designating the public hearing notices to read:
Lots 17 and 18, Block 8; Lots 1 through 6, Block 11; Lots 7 and 35
through 38 and 47 through 59, Block 12 from R1 to Business; and
Lots 39 through 46, Block 12, from RI to R2. The motion was
seconded and CARRIED by unanimous roll call vote.
F) Case 88-027. Request to investigate the rezoning of Lots 4 through
11, Block 3, Lakeside Subdivision from I --Industrial to a different
zoning district classification in accordance with Chapter 17.72
(Amendments and Changes) of the Borough Code. 2327, 2289, 2249,
2207, 2165, and 2095 Selief Lane; 443 Von Scheele Way; and, Lot 10
is presently a greenbelt extending from Selief Lane (along Beaver
Lake Drive) to Von Scheele Way. (Kodiak Island Borough)
GORDON GOULD indicated 15 public hearing notices were mailed for
this case and 4 were returned: 1 from the City of Kodiak stating
that they would prefer to leave their lots as they are; and 3
requesting that the greenbelt remain and that the rezoning be to a
residential zoning classification. Staff recommended tabling this
request for another public hearing at the June 15, 1988 regular
meeting.
Regular Session Closed.
KIBS226482
Planning & Zoning Commission 7 of 18 May 18, 1988 Minutes
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
A discussion ensued amongst the Commissioners regarding the terrain
of these lots and the lack of access to Beaver Lake Drive. One
suggestion was to split the lots in two and allow access to Beaver
Lake Drive for half of the newly created lots and access to Selief
Lane Extension for the other half. The suggestion included
rezoning the Beaver Lake Drive access lots to a residential zoning
classification and the Selief Lane access lots to light industrial.
The consensus was to direct staff to schedule a joint worksession
with the Assembly in order to clarify the issues.
COMMISSIONER HEINRICHS MOVED TO DIRECT STAFF to schedule a
worksession with the Kodiak Island Borough Assembly to discuss this
matter in further detail. The motion was seconded and CARRIED by
unanimous roll call vote.
COMMISSIONER THOMPSON MOVED TO TABLE the request to investigate the
rezoning of Lots 4 through 11, Block 3, Lakeside Subdivision until
the Planning and Zoning Commission had met with the Kodiak Island
Borough Assembly. The motion was seconded and CARRIED by unanimous
roll call vote.
G) Case 88-028. Request for an exception from Section 17.20.020
(Permitted Uses) of the Borough Code to permit the existing church
to provide (1) a caretaker's apartment, (2) a shelter for the
homeless, and (3) temporary housing for organized groups (a maximum
of thirty (30) people) four times each year in a R3--Multifamily
Residential Zoning District. Part of Lot 8, Block 3, Kodiak
Townsite; 216 Mill Bay Road. (Community Baptist Church)
GORDON GOULD indicated 43 public hearing notices were mailed for
this case and 3 were returned, 1 in favor and 2 opposing 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 an exception from
Section 17.20.020 of the Borough Code to permit the existing church
to provide (1) a caretaker's apartment, (2) a shelter for the
homeless, and (3) temporary housing for organized groups in a
R3--Multifamily Residential Zoning District. Part of Lot 8, Block
3, Kodiak Townsite, and to adopt the findings contained in the
staff report dated May 10, 1988, as "Findings of Fact" for this
case. The motion was seconded and CARRIED by unanimous roll call
vote.
FINDINGS OF FACT
1. That the use as proposed in the application,
or under
appropriate conditions
or restrictions, will not (A)
endanger
the public's
health,
safety or general welfare,
(B) be
inconsistent
with the
general purposes and intent
of this
title and (C)
adversely
impact other properties or uses
in the
neighborhood.
A. It appears that the proposed use will enhance rather than
endanger the public's health, safety, or general welfare.
A shelter for the homeless will provide a direct benefit
to the health, safety, and welfare of street people and
provide indirect benefits to the community at large by
KIBS226483
Planning & Zoning Commission 8 of 18 May 18, 1988 Minutes
providing a safe and clean environment for a shelter. In
addition, this use has been going on at the subject
property for many years. The department has received no
complaints about the use The need for Planning and Zoning
Commission approval for the use was only recently brought
to the attention of the church. The church responded
with this request in a timely manner.
�^ B. The proposed use will be consistent with the general
I purposes and intent of Title 17 and with the specific
description and intent of Chapter 17.20, the
R3--Multifamily Residential Zoning District. First of
all, the use characteristics of the proposed shelter and
temporary housing are generally similar to a boarding
house, which is a permitted use in this zoning district.
Therefore, the proposed use may be permitted as a similar
use pursuant to Section 17.03.090 because, as described
in (A) above, the use should not be detrimental to the
welfare of the community. Additionally, a number of
permitted uses in the R3--Multifamily Residential Zoning
District are as intensive an activity as a shelter,
measured in terms of traffic generation, noise, parking,
hours of operation, etc. (e.g., hospitals, churches,
apartment complexes, etc.).
C. The proposed use should not adversely impact other
properties or uses in the neighborhood. A number of
"institutional" facilities are located nearby (e.g.,
Senior Citizens housing and center, the Alaska Department
of Fish and Game building) and the shelter should have
minimal impacts in comparison. Locating the shelter at
this location provides the additional benefit of
proximity to downtown. Traffic impacts will be very
small, and should not increase over the existing level.
H) Case 88-030. Request for an exception from Section 17.21.020
(Permitted Uses) of the Borough Code to permit (1) one additional
unrelated individual to reside in the existing single-family
residence and (2) a shelter for the homeless in the B--Business
Zoning District. Lot 6, Block 1, Kodiak Townsite Subdivision; 623
Tagura Road. (Olive Tree/Joseph Jensen)
GORDON GOULD indicated 25 public hearing notices were mailed for
this case and 1 was returned, stating "no comment." Staff
recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNUDSEN MOVED TO GRANT a request for an exception from
Section 17.21.020 of the Borough Code to permit (1) one additional
unrelated individual to reside in the existing single-family
residence and (2) a shelter for the homeless in the B--Business
Zoning District. Lot 6, Block 1, Kodiak Townsite Subdivision; and
to adopt the findings contained in the staff report dated May 10,
1988, as "Findings of Fact" for this case. The motion was seconded
and CARRIED by unanimous roll call vote.
FINDINGS OF FACT
1. That the use as proposed in the application, or under
appropriate conditions or restrictions, will not (A) endanger
the public's health, safety or general welfare, (B) be
inconsistent with the general purposes and intent of this
title and (C) adversely impact other properties or uses in the
neighborhood.
KIBS226484
Planning & Zoning Commission 9 of 18 May 18, 1988 Minutes
A. It appears that the proposed use will enhance rather than
endanger the public's health, safety, or general welfare.
A shelter for the homeless will provide a direct benefit
to the health, safety, and welfare of street people and
provide indirect benefits to the community at large by
providing a safe and clean environment for a shelter.
The addition of one additional unrelated person living in
the residence should also not be detrimental in a
neighborhood where the majority of land is zoned business
or industrial. The existing single-family dwelling is a
grandfathered use in this business district, as are many
other residences.
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 17.21, the B--Business
Zoning District. First of all, the use characteristics
of the proposed shelter are similar to a hotel and/or
motel, which are permitted business uses. Therefore, the
proposed use may be permitted as a similar use pursuant
to Section 17.03.090 because, as described in (A) above,
the use should not be detrimental to the welfare of the
community. Additionally, a number of permitted uses in
the B--Business Zoning District are much more intensive
activities than the shelter as measured in terms of
traffic generation, noise, parking, hours of operation,
etc.
C. The proposed use should not adversely impact other
properties or uses in the neighborhood. A number of
intensive land uses are located nearby and the shelter
should have minimal impacts in comparison. Locating the
shelter at this location provides the additional benefit
of proximity to downtown and possible employment
opportunities. Traffic impacts will be very small and
should not be an increase over the existing level.
I) Case 88-032. Request for a variance from Section 17.60.030(C and
G) (Residential District Signs) of the Borough Code to permit one
(1) sign totalling thirty-two (32) square feet [seven (7) square
feet larger than the permitted twenty-five (25) square feet] to be
free-standing, and not at least ten (10) feet back from the
property line, to locate in the right-of-way and without a building
on the lot for the purpose of identifying the new hospital site in
a R2--Two-Family Residential Zoning District. Tract R-1A, U.S.
Survey 3218; 3235 Rezanof Drive East. (Kodiak Island Borough)
GORDON GOULD indicated 36 public hearing notices were mailed for
this case and 3 were returned, opposing this request. Staff
recommended denial 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 17.60.030(G) of the Borough Code to permit one (1) sign
totalling thirty-two (32) square feet [seven (7) square feet larger
than the permitted twenty-five (25) square feet] to be
free-standing, and not at least ten (10) feet back from the
property line, to locate in the right-of-way and without a building
on the lot for the purpose of identifying the new hospital site in
a R2--Two-Family Residential Zoning District. Tract R-lA, U.S.
Survey 3218. The motion was seconded and FAILED by unanimous roll
call vote. Commissioners Anderson, Hartt, Heinrichs, Hendel,
Knudsen, and, Thompson voted "no."
KIBS226485
Planning & Zoning Commission 10 of 18 May 18, 1988 Minutes
COMMISSIONER HENDEL MOVED TO ADOPT the findings 1(A) through 6(A)
contained in the staff report dated May 11, 1988, as "Findings of
Fact" for this case. The motion was seconded and CARRIED by
unanimous voice vote.
COMMISSIONER HARTT MOVED TO GRANT a request for a variance from
Section 17.60.030(C) of the Borough Code to permit one (1) sign
totalling thirty-two (32) square feet [seven (7) square feet larger
than the permitted twenty-five (25) square feet] to be
free-standing, and to locate on a lot without a building for the
purpose of identifying the new hospital site in a R2--Two-Family
Residential Zoning District. Tract R-1A, U.S. Survey 3218. The
motion was seconded and FAILED by unanimous roll call vote.
Commissioners Anderson, Hartt, Heinrichs, Hendel, Knudsen, and
Thompson voted "no."
COMMISSIONER HARTT MOVED TO ADOPT findings 1(B) through 6(B)
contained in the staff report dated May 11, 1988, as "Findings of
Fact" for this case. The motion was seconded and CARRIED by
unanimous voice call vote.
FINDINGS OF FACT
A. The variance from the location requirements; and
B. The variance from the size requirements.
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 terrain in the vicinity is flat so it
poses no
topographic restraints in the placing of the sign
in its
proper location. The vegetation here is open
and will
not hinder the viewing of the sign from Rezanof.
B. The terrain in the vicinity is flat so it
poses no
topographic restraints for construction of
the sign
larger than the regulations permit. The vegetation here
is open and will not hinder the viewing of the
sign from
Rezanof.
2. Strict application of the zoning ordinances would
result in
practical difficulties or unnecessary hardships.
A. Strict application of the Zoning Ordinance will not
result in practical difficulties or unnecessary hardship
in locating a sign in its proper location. The sign is a
general information sign and need not be placed in a
specific location to get its message across.
B. Strict application of the Zoning Ordinance would cause
the sign to be redone. As stated earlier, using standard
cuts of wood for sign construction is a reasonable
approach in regulating signs and should be incorporated
as part of any review of the sign code. The sign, is
larger than allowed and should be redone to conform to
standards now in place. The hospital project will not be
substantially altered by making a new sign or by reducing
the size of the present sign.
3. The granting of the variance will not result in material
damages or prejudice to other properties in the vicinity nor
be detrimental to the public's health, safety and welfare.
A. Though the granting of the variance for this case will
not result in material damages or prejudices to other
properties because of the site's seventeen (17) acre
size. It is important to regulate signs because of
visual clutter and lighting nuisances that can occur if
signs are not regulated.
KIBS226486
Planning & Zoning Commission 11 of 18 May 18, 1988 Minutes
B. Granting of the variance from size requirements of the
Borough Code will not prejudice other properties in the
neighborhood because the sign is on a seventeen (17) acre
tract and the applicant has proposed relocating the sign
one hundred (100) feet from the centerline of the
highway.
4. The rzrantin¢ of the variance will not be contrary to the
objectives of the Comprehensive Plan.
A. Granting of a variance from the locational requirements
of the sign code is not necessarily contrary to the
comprehensive plan as signs are allowed in this zoning
district.
B. Granting of a variance from the locational requirements
of the sign code is not necessarily contrary to the
comprehensive plan as signs are allowed in this zoning
district.
5. That actions of the applicant did
A. Though the sign is in place, moving the sign to its
appropriate location will not cause a special condition
or financial hardship. The hospital site is still in the
excavation/rock removal stage. Equipment to relocate the
sign is available on the site.
B. The sign is constructed in absence of a permit that would
have spelled out the size requirements. Therefore,
actions of the applicant have caused the condition from
(� which relief is being sought by the variance.
I6. That the granting of the variance will not permit a prohibited
land use in the district involved.
A. Signs are permitted in the R2--Two-Family Residential
Zoning District.
B. Signs are permitted in the R2--Two-Family Residential
Zoning District.
J) Case 87-068. Review of preliminary approval 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 2,000 cubic yards per day. The extraction
activities will be supported by miscellaneous equipment, base
KIBS226487
Planning & Zoning Commission 12 of 18 May 18, 1988 Minutes
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camps, wastewater disposal systems, and fuel and oil supplies
associated with placer mining.
The purpose of this hearing is to conduct a final review of the
conditional use permit as a result of the issuance of a conclusive
consistency determination for this project by the State of Alaska.
The Planning and Zoning Commission may modify or expand the
conditions of approval as part of this final review. (Yoram
Palkovitch/State of Alaska Department of Natural Resources)
GORDON GonD indicated 55 public hearing notices were mailed for
this case and none were returned. Staff recommended approval of
this request, subject to four conditions of approval.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT final approval for a
conditional use permit in accordance with Section 17.13.030 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 iri-tial 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 2,000 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.
Subject to preliminary approval conditions numbered 2, 4, 5, and
14, and all of the stipulations contained in the conclusive
consistency determination and all other State and federal permits
which regulate the project. The motion was seconded.
r COMMISSIONER KNUDSEN MOVED TO AMEND THE MAIN MOTION by adding the
following sentence: "This approval includes all of the necessary
activities associated with the approved placer mining operation."
The AMENDMENT was seconded and CARRIED by unanimous roll call vote.
A discussion ensued amongst the Commissioners, with input from
Community Development Department staff, regarding the proposed
performance bond. The consensus was that the Planning and Zoning
Commission was making a land use decision and that bond
requirements were out of the Commission's area of expertise.
The question was called and the MAIN MOTION AS AMENDED CARRIED by
unanimous roll call vote.
Planning & Zoning Commission 13 of 18
KIBS226488
May 18, 1988 Minutes
CONDITIONS OF APPROVAL
2. The conditional use permit is only valid for a period of three
(3) years. At the end of three (3) years, any further
resource extraction activities will require a new conditional
use permit from the Kodiak Island Borough Planning and Zoning
Commission.
4. The three (3) year conditional use permit approval time limit
shall begin once all required State of Alaska and federal
permits are in place and the Planning and Zoning Commission
has conducted a final review of the conditions of approval to
ensure compliance with the standards necessary for a
conditional use permit to be granted and consistency with the
policies of the Kodiak Island Borough Coastal Management
Program (KIBCMP).
5. Any change or enlargement in the scope, scale, size, methods
of operation, or location of the resource extraction
activities is not permitted under this conditional use permit.
A reduction in the size, location, or quantities extracted is
permitted.
14. A third party monitoring agency shall be identified to assure
compliance with the above conditional use permit conditions.
and all of the stipulations contained in the conclusive consistency
determination and all other State and federal permits which
regulate the project. This approval includes all of the necessary
activities associated with the approved placer mining operation.
K) Case S-88-006. Request for preliminary subdivision of the
Remainder of Lot 4, Block 1, Kadiak Alaska Subdivision First
r Addition to Lot 4A (97,398 square feet) and creating Plover Way
right-of-way, connecting Perenosa Drive and Rezanof Drive East.
(Michael Anderson)
CHAIRMAN ANDERSON reported that this case had been withdrawn by the
applicant.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
L) Case S-88-007. Request for preliminary subdivision of a Portion of
Tract C-1, U.S. Survey 1682 to Lots 4 through 8 and 33 through 36,
Block 11, Woodland Acres Subdivision Seventh Addition. (Michael
Anderson)
CHAIRMAN ANDERSON reported that he had a conflict of interest in
this case and passed the gavel to COMMISSIONER HEINRICHS.
CHAIRMAN HEINRICHS recessed the meeting for 5 minutes.
r— CHAIRMAN HEINRICHS reconvened the meeting at 8:45 p.m.
DAVE CROWE indicated 60 public hearing notices were mailed for this
case and none were returned. Staff recommended approval of this
request, subject to conditions.
Regular Session Closed.
Public Hearing Opened:
MIKE ANDERSON appeared
for this request. Mr.
1 and 2 in the staff's
approval.
KIBS226489
before the Commission and expressed support
Anderson requested that conditions numbered
report be eliminated from the preliminary
A discussion ensued amongst the Commissioners, Mr. Anderson, and
Engineering Department staff regarding conditions 1 and 2.
Planning & Zoning Commission 14 of 18 May 18, 1988 Minutes
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TUCK BONNEY appeared before the Commission and expressed support
for this request.
Public Hearing Closed.
Regular Session Opened.
A discussion ensued amongst the Commissioners regarding conditions
of approval 1 and 2, with the applicant responding to direct
questions.
COMMISSIONER HENDEL MOVED TO GRANT preliminary approval of the
subdivision of a Portion of Tract C-1, U.S. Survey 1682 to Lots 4
through 8 and 33 through 36, Block 11, Woodland Acres Subdivision
Seventh Addition subject to the following condition: "Change the
title block to show that this is a 'Subdivision of a Portion of
Tract C-1, Woodland Acres Subdivision Third Addition, U.S. Survey
1682, Plat No. 84-21'." The motion was seconded.
COMMISSIONER KNUDSEN MOVED TO AMEND THE MAIN MOTION by adding the
following sentence: "Provide an easement five feet each side of
the existing down guy/anchor assembly for Lots 5, 6, 33, and 36,
Block 11." The AMENDMENT was seconded and CARRIED by unanimous
roll call vote.
COMMISSIONER KNUDSEN MOVED TO AMEND THE MAIN MOTION by adding the
following sentence: "The final plat for this subdivision is not to
be filed until the preliminary plat for the balance of Block 11,
Woodland Acres Seventh Addition, and roadway and utility
construction plans, are approved." The motion died for the lack of
a second.
The question was called and the MAIN MOTION AS AMENDED CARRIED by
unanimous roll call vote.
CONDITIONS OF APPROVAL
1. Change the title block to show that this is a "Subdivision of
a Portion of Tract C-1, Woodland Acres Subdivision Third
Addition, U.S. Survey 1682, Plat No. 84-21.'
2. Provide an easement five feet each side of the existing down
guy/anchor assembly for Lots 5, 6, 33, and 36, Block 11.
CHAIRMAN ANDERSON returned to the Planning and Zoning Commission.
M) Case S-88-008. Request for preliminary subdivision of Lot 12,
Block 1, Miller Point Alaska Subdivision Second Addition to Lots
12A and 12B. (Jane Petrich)
DAVE CROWE indicated 25 public hearing notices were mailed for this
case and none were returned. Staff recommended approval of this
request, subject to conditions.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
KIBS226490
COMMISSIONER KNUDSEN MOVED TO GRANT preliminary approval of the
subdivision of Lot 12, Block 1, Miller Point Alaska Subdivision
Second Addition to Lots 12A and 12B, subject to the first five (5)
conditions outlined in the memorandum from the Borough Engineer
dated May 11, 1988. The motion was seconded and CARRIED by
unanimous roll call vote.
COMMISSIONER KNUDSEN MOVED TO adopt the first two (2) findings
contained in the memorandum dated May 11, 1988, as "Findings of
Fact" for this case. The motion was seconded and CARRIED by
unanimous voice vote.
Planning & Zoning Commission 15 of 18 May 18, 1988 Minutes
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CONDITIONS OF APPROVAL
1. Show the radial bearings for the northwesterly and
southwesterly corners of Lot 12 on the final plat.
2. Show the "Basis of Bearing" on the final plat.
3. Place the following note on the final plat: "Natural streams
and drainage courses shall not be blocked or impeded."
4. Remove or relocate the building straddling the proposed lot
line in conformance with Title 17 prior to filing the final
plat.
5. Relocate the gear shed on proposed Lot 12B to a lot with a
main dwelling prior to filing the final plat.
FINDINGS OF FACT
1. This subdivision meets the requirements of Title 16 with the
technical corrections required by conditions 1 and 2.
2. The house straddling the proposed lot line does not comply
with Section 17.19.040 of the Borough Code, and the gear shed
on proposed Lot 12B does not comply with Section 17.51.060 of
the Borough Code.
VII. OLD BUSINESS
A) Case 88-019. Findings of Fact for the denial of a variance which
would have permitted an existing accessory building that is located
five (5) feet from the rear property line, to be remodeled into
living space and connected to the existing single-family residence,
to project five (5) feet into the required ten (10) foot rear yard
setback in a R1--Single-Family Residential Zoning District.
Portion of Lot 18, Block 2, Leite Addition; 1515 Mission Road.
(Rasmus Anderson)
COMMISSIONER KNUDSEN MOVED TO ADOPT the findings of fact contained
in the staff's report dated May 10, 1988. The motion was seconded
and CARRIED by unanimous roll call vote.
FINDINGS OF FACT
1.
There are no exceptional physical conditions applicable to the
intended use of development. In fact approval of this request
could set a precedent to allow existing accessory buildings to
be converted to dwelling units. This can be viewed as an
intent to circumvent the minimum rear yard setback for
residences.
2. Strict
practi
tion of the
or
ordinances would result in
s.
Strict application of the Zoning Ordinance would require that
the existing building be moved five (5) feet or that the
structure could not be used for residential purposes at all.
This is an unnecessary hardship and practical difficulty
because the lot is very small with limited areas available for
a new single-family residence or additions and improvements to
the existing single-family residence. Utilization of the
existing structure would be more cost effective and pose fewer
practical building difficulties In trying to improve or
enlarge the existing single-family residence and conform to
other setbacks and building separation requirements.
KIBS2264011
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3. The granting of the variance will not result in material
damages or prejudice to other properties in the vicinity nor
be detrimental to the public's health. safetv and welfare.
Granting of the variance should not result in material damage
or prejudice to other properties in the area. Conversion of
an existing two story accessory building into living space
should not create any additional impacts on nearby lots. The
land use will not change. Additionally, granting of this
variance will not be prejudicial to other properties in this
block. Leite Addition is an old subdivision and most of the
lots and structures in Block 2 are nonconforming to lot size
and/or setbacks. A review of air photos indicates widespread
encroachments into required setbacks within Block 2. Two
other lots in the block have been granted setback variances,
including a rear yard setback variance for Lot 2, Block 2,
which shares a common rear corner with the applicants' lot.
In essence, this request will have no more impact on adjoining
properties than the current situation and no more impact than
many of the other nonconforming structures in this block have
on adjoining properties.
4. The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
5.
Granting of the variance will not be contrary to the
objectives of the Comprehensive Plan which identifies this
area for High Density Residential Development. This existing
land use and density will not be changed as a result of this
request. Additionally, high density areas often have smaller
separation between structures than those found in areas
designated for lower density development.
did not cause special conditions
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 conversion of the accessory building to
living space.
6. That the granting of the variance will not permit a
land use in the district involved.
A single-family residence is a permitted land use in the
R1--Single-Family Residential Zoning District.
B) Case S-88-004. Findings of Fact for the granting of preliminary
approval for the subdivision of Lot 7, Block 1, Kodiak Townsite
Alaska Subdivision, U.S. Survey 2537B, to Lots 7A and 7B. (Island
Properties, Inc.)
COMMISSIONER KNUDSEN MOVED TO ADOPT the findings of fact outlined
in the staff memorandum dated May 10, 1988 for Case S-88-004. The
motion was seconded and CARRIED by unanimous roll call vote.
FINDINGS OF FACT
1. Case S-88-004 presented new information which resulted in
changes to the conditions of approval for Case S-87-031.
These changes are:
a. The applicant and adjacent property owner have not been
able to come to agreement over the garage encroachment
that will satisfy one of the conditions of approval for
Case S-87-031.
F. The utility easements (revised from Case S-87-031)
proposed by the applicant are acceptable to the entities
which already have facilities legally occupying the
KIBS226492 property if the utilities are relocated at the
applicant's expense.
Planning & Zoning Commission 17 of 18 May 18, 1988 Minutes
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There was no further old business.
VIII. NEW BUSINESS
There was no r_ew business.
IX. COMMUNICATIONS
COMMISSIONER HENDEL MOVED TO ACKNOWLEDGE RECEIPT of items A through C of
communications. The motion was seconded and CARRIED by unanimous voice
vote.
A) Letter dated April 27, 1988, to Gaye J. Vaughan, CMC, from Paul H.
Cragan, Hughes Thorsness Gantz Powell & Brundin.
B) Minutes from the Womens Bay Comprehensive Planning Committee:
April 12, 1988
April 27, 1988
C) State of Alaska Division of Governmental Coordination Project
Information Sheet; Project Title: Ouzinkie Small Boat Harbor -
Info Review.
X. REPORTS
COMMISSIONER HENDEL 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.
XI. AUDIENCE COMMENTS
SCOTT ARNDT appeared before the Commission and expressed objection to
the way Case S-85-016 had been handled by Borough staff. Mr. Arndt
reviewed the history of this case for the Commission.
A discussion ensued amongst the Commissioners and Mr. Arndt regarding
the history of Case S-85-016.
There were no further audience comments.
XII. COMMISSIONERS' COMMENTS
The Commission congratulated Gordon Gould on his appointment as City
Manager.
XIII. ADJOURNMENT
VICE CHAIRMAN ANDERSON adjourned the meeting at 9:40 p.m.
ATTEST
By: 4 h /L.4,
Patricia Miley, S tcretary
Community Development Department
DATE APPROVED: THE /S, /'? 9F
TAPE. RECORDING IS ON FILE AT THE
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By: k�6JUJ.
Michael W. Anderson
Vice Chairman
KIBS226493
SLAND BOROUGH
Planning & Zoning Commission 18 of 18
May 18, 1988 Minutes
