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1988-08-17 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - AUGUST 17, 1988 7:30 p.m. AGENDA I CALL TO ORDER II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of July 20, 1988 V AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) Request for Planning and Zoning Commission review and findings pursuant to Section 17.21.050(C) (Performance Standards) of the Borough Code to (1) determine if Lot 2, Block 3, Miller Point Alaska Subdivision shall provide and maintain screening where it is adjacent to a residential district, and (2) define the screening required by Planning and Zoning Commission. 4217 Otmeloi Way (Kodiak Electric Association) B) Case S-87-010. Creating Tracts "K" and "L" from a Portion of Unsubdivided U.S. Survey 1396, including Lilly Lake. Request for Planning and Zoning Commission review of condition of approval number 1, "that a final plat for the vacation and replat of the ten (10) unsubdivided portions of U.S. Survey 1396 adjoining Russell Estates and Airpark Subdivisions shall be filed prior to the filing of the final plat for this subdivision." The purpose of the review is to consummate the Lilly Lake land trade and meet condition of approval number 1 in separate timeframes. (Kodiak Island Borough) VI PUBLIC HEARINGS A) Case 88-043. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit a communication facility to locate in the C--Conservation Zoning District on a Portion of Section 15, Township 18 South, Range 19 West, Seward Meridian, on Shuyak Island. The facility will consist of a twenty (20) foot tower, two (2) microwave dish antenna, a solar array used to charge several large batteries, and a small radio device to amplify and retransmit the signal. (State of Alaska Division of Telecommunications and Department of Natural Resources) B) Case 88-044. Request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit the use of a lot zoned RR1--Rural Residential One for fishing activities (gear storage) when no owner occupied dwelling is present on the property. Lot 1, Block 3, Bells Flats Alaska Subdivision; 1296 Sargent Creek Road. (Jim and Terri Venable) C) Case 88-045. Investigation of the rezoning of Block 5, Leite Addition from R3--Multifamily Residential to R1--Single-Family Residential in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. 1410, 1412, 1414, 1420, 1422, 1424, 1510, 1512 Mission Road and 1411, 1413, 1415, 1417, 1419, 1421, 1423, 1425, 1427, 1429 Kouskov Street. (Kodiak Island Borough Planning and Zoning Commission) D) Case 88-046. Request for a variance from Section 17.24.040(A)(1) (Yards) of the Borough Code to permit the P & Z Agenda Page 1 of 3 August 17, 1988 KIBS226548 construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback in an I --Industrial Zoning District. Tract D-1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. (Royal V. Large) E) Case 88-047. Request for a variance from Section 17.57.020(D) (Off -Street Parking) of the Borough Code to allow either (A) both a forty-two (42) bed jail facility (on Lots 122 through 126, Block 10, Erskine Subdivision) and a homeless shelter (on Lot 2, Block 15, Kodiak Townsite) to provide only one hundred twenty-eight (128) off-street parking spaces instead of the required one hundred forty-six (146) off-street parking spaces in a PL--Public Use Lands Il Zoning District; or (B) a forty-two (42) bed jail facility to provide only one hundred thirty-six (136) off-street parking spaces instead of the required one hundred thirty-nine (139) off-street parking spaces in a PL--Public Use Lands Zoning District. Lots 122 through 126, Block 10, Erskine Subdivision; 215, 217, 219, 311, and 315 Mill Bay Road. (City of Kodiak) F) Case 88-048. Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a shelter for the homeless to locate in a B--Business Zoning District on Lot 2, Block 17, New Kodiak Subdivision; 210 Mill Bay Road. (City of Kodiak) G) Case 88-049. Request for a variance from Section 17.54.010(A and C) of the Borough Code to permit a four (4) foot fence to project thirty-five (35) feet (to the sidewalk) into the Rezanof Drive Right -of -Way in a Rl--Single-Family Residential Zoning District. Lot 4, Block 56, East Addition; 1813 Rezanof Drive East. (Charles and Connie Johnson) H) Case 88-050. Request for a variance from Section 17.18.050(A) (Yards) of the Borough Code to permit the construction of a covered deck that encroaches eight (8) feet into the required eighteen (18) foot front yard setback in a R1--Single-Family Residential Zoning District. Lot 24, Block 12, Aleutian Homes Subdivision; 716 Willow Street. (Wilfredo Cabudol) I) Case S-88-018. Request for preliminary approval of the subdivision of Lot 11, Block 1, Miller Point Alaska Subdivision Second Addition to Lots 11A and 11B. 4254 Cliffside Road (Baine H. and Frances Cater) J) Case S-88-019. Request for a variance from Section 16.40.050(C)(1) (Lot Design) of the Borough Code to permit the platting of a lot with a flag stem of less than thirty (30) feet, and a request for preliminary approval of the subdivision of Lot 13, Block 1, Miller Point Alaska Subdivision Second Addition to Lots 13A, 13B, and 13C. 4320 Cliffside Road (Michael Rasmussen) K) Case S-88-020. Request for preliminary approval of the subdivision of U.S. Survey 362 to Tracts A, B, C, and D (five -plus acres each). Located with Section 22, Township 30 South, Range 32 West, Seward Meridian, (Karluk r Lagoon/Karluk River). (Trillium Corporation) IL) Case S-88-021. Request for preliminary approval of the vacation of Lots 21 and 22, Block 7, Monashka Bay Alaska Subdivision, and reolat to Lots 21A, 22A, and 22B. 3399 and 3401 Peninsula Road (Nancy E. Anderson, Vicki M. Case, Fritz Bruenhoff) M) Case S-88-022. Request for preliminary approval of the subdivision of Lot 19 of Lot 2, U.S. Survey 2539 to Tracts 19A and 19B, encompassing Rezanof Drive West. Located with Sections 21 and 28, Township 28 South, Range 20 West, Seward Meridian, adjacent to the "Old Shipyard" in Womens Bay. P & Z Agenda Page 2 of 3 August 17, 1988 KIBS226549 N) Case S-88-023. Request for preliminary approval of the subdivision of a Portion of U.S. Survey 1671 to Tracts A, B, C, and D. Located within Section 19, Township 26 South, Range 19 West, Seward Meridian, on Spruce Island. (Edward N. Opheim, Sr.) 0) Case S-88-024. Request for preliminary approval of the vacation of Lots 20 and 21, Block 4, Monashka Bay Alaska Subdivision, and replat to Lots 20A, 20B, 20C, and 21A. 2807 and 2769 Lakeview Drive (Stephen Rennell) VII OLD BUSINESS r-' A) Findings of Fact for Case 88-037. The denial of a request for a variance from Section 17.36.030 (Nonconforming Lots of Record) of the Borough Code to permit a two-family dwelling unit (duplex) to locate on a nonconforming lot of record (substandard lot area and width) instead of only a single-family residence in a R3--Multifamily Residential Zoning District. Lot 10, Block 5, Leite Addition; 1512 Mission. (R. Marasigan) (The Planning and Zoning Commission deferred findings of fact from the July 20, 1988 Regular Meeting.) B) Findings of Fact for the granting of a request for a variance in accordance with Section 16.100.010 (Variances) of the Borough Code to permit the subdivision of Lot 3, Block 4, Miller Point Alaska Subdivision First Addition into Lots 3-A, 3-B, 3-C, 3-D, 3-E and 3-F with two (2) flag stems with widths less than the required thirty (30) foot width. 3507 Melnitsa Lane (Island Properties, Inc.) (The Planning and Zoning Commission deferred findings of fact from the July 20, 1988 Regular Meeting.) C) 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) VIII NEW BUSINESS A) Capital Improvements Program (CIP). Request for review by the Planning and Zoning Commission under Section 2.40.030(E) of the Borough Code of a list of recommended Capital Improvements which are necessary or desirable to be constructed during the next five (5) year period (Fiscal Year 1989 through Fiscal Year 1994). IX COMMUNICATIONS A) Administrative Interpretation: Appropriate Bumper Guards and Wheel Stops. B) Administrative Interpretation: Fences, Walls, and Hedges in other than Residential Zoning Districts. X REPORTS A) Community Development Department Monthly Status Report - July XI AUDIENCE COMMENTS XII COMMISSIONERS' COMMENTS XIII ADJOURNMENT The public is invited to agenda items to be held i 7:30 p.m. the preceding available upon request, 486-5736, extension 256. KIBS226550 attend the packet review worksession for these n the Kodiak Island Borough Conference Room at Wednesday. Minutes for this meeting are call the Community Development Department at P & Z Agenda Page 3 of 3 August 17, 1988 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - AUGUST 17, 1988 7:30 p.m. AGENDA CORRECTIONS (Corrections are in bold and are underscored.) VI PUBLIC HEARINGS M) Case 5-88-022. Request for preliminary approval of the subdivision of the remainder of Lot 19 of Lot 2, U.S. Survey 2539 to Tracts 19A and 19B, encompassing Rezanof Drive West. Located with Sections 21 and 28, Township 28 South, Range 20 West, Seward Meridian, adjacent to the "Old Shipyard" in Womens Bay. (Koniag Inc. Regional Native Corporation) N) Case 5-88-023. Request for preliminary approval of the subdivision of the remainder of a Portion of U.S. Survey 1671 to Tracts A, B, C, and D. Located within Section 19, Township 26 South, Range 19 West, Seward Meridian, on Spruce Island. (Edward N. Opheim, Sr.) VII OLD BUSINESS B) Findings of Fact for Case S-88-017. The granting of a request for a variance in accordance with Section 16.100.010 (Variances) of the Borough Code to permit the subdivision of Lot 3, Block 4, Miller Point Alaska Subdivision First Addition into Lots 3-A, 3-B, 3-C, 3-D, 3-E and 3-F with two (2) flag stems with widths less than the required thirty (30) foot width. 3507 Melnitsa Lane (Island Properties, Inc.) (The Planning and Zoning Commission deferred findings of fact from the July 20, 1988 Regular Meeting.) r !I AGENDA ADDITIONS VI PUBLIC HEARINGS P) Case 5-88-025. Request for preliminary approval of the vacation of Lots 3B and 4B, Block 1, Miller Point Alaska Subdivision, and replat to Lots 3B-1 and 4B-1. 4744 Rezanof Drive East and 4093 Parkside Drive (Jim Simmen and Craig Johnson) IX COMMUNICATIONS C) Letter dated July 22, 1988, to Jerome M. Selby from Don W. Collinsworth, Commissioner of the Alaska Department of Fish and Game, re: Tugidak Island Critical Habitat Area. (With attachments: Alaska Statutes (pages 136-137) and a pamphlet "Special Area Permit Regulations"] D) Minutes of the Womens Bay Comprehensive Planning Committee: June 14 and June 28, 1988. AGENDA DELETIONS r- The applicant has requested the withdrawal of: VI PUBLIC HEARING F) Case 88-048. Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a shelter for the homeless to locate in a B--Business Zoning District on Lot 2, Block 17, New Kodiak Subdivision; 210 Mill Bay Road. (City of Kodiak) KIBS226547 Additions/Corrections/Deletions 1 of 1 P&Z Agenda: August 17, 1988 r F F KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - AUGUST 17, 1988 I. CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chairman Steve Rennell on August 17, 1988 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Steve Rennell, Chairman Mike Anderson Jon Hartt Tom Hendel Mary Lou Knudsen Scott Thompson Commissioners Absent: Others Present: Duane Dvorak, Associate Planner - Long Range Planning, Community Development Department Patricia Miley, Secretary Community Development Dept. Ann Moen, Secretary Engineering Department Others Absent: Robin Heinrichs, Excused Dave Crowe, Borough Engineer Linda Freed, Director, Community Development Dept. A quorum was established. III. APPROVAL OF AGENDA Staff reported the following additions, corrections, and deletions to the agenda: AGENDA CORRECTIONS (Corrections are in bold and are underscored.) VI PUBLIC HEARINGS M) Case S-88-022. Request for preliminary approval of the subdivision of the remainder of Lot 19 of Lot 2, U.S. Survey 2539 to Tracts 19A and 19B, encompassing Rezanof Drive West. Located with Sections 21 and 28, Township 28 South, Range 20 West, Seward Meridian, adjacent to the "Old Shipyard" in Womens Bay. (Koniag Inc. Regional Native Corporation) N) Case S-88-023. Request for preliminary approval of the subdivision of the remainder of a Portion of U.S. .Survey 1671 to Tracts A, B, C, and D. Located within Section 19, Township 26 South, Range 19 West, Seward Meridian, on Spruce Island. (Edward N. Opheim, Sr.) VII OLD BUSINESS B) Findings of Fact for Case S-88-017. The granting of a request for a variance in accordance with Section 16.100.010 (Variances) of the Borough Code to permit the subdivision of Lot 3, Block 4, Miller Point Alaska Subdivision First Addition into Lots 3-A, 3-B, 3-C, 3-D, 3-E and 3-F with two (2) flag stems with widths less than the required thirty (30) foot width. 3507 Melnitsa Lane (Island Properties, Inc.) (The Planning and Zoning Commission deferred findings of fact from the July 20, 1988 Regular Meeting.) Page 1 of 27 P&Z Minutes: August 17, 1988 KIBS226551 AGENDA ADDITIONS VI PUBLIC HEARINGS P) Case S-88-025. Request for preliminary approval of the vacation of Lots 3B and 4B, Block 1, Miller Point Alaska Subdivision, and replat to Lots 3B-1 and 4B-1. 4744 Rezanof Drive East and 4093 Parkside Drive (Jim Simmen and Craig Johnson) IX COMMUNICATIONS I C) Letter dated July 22, 1988, to Jerome M. Selby from Don W. Collinsworth, Commissioner of the Alaska Department of Fish and Game, re: Tugidak Island Critical Habitat Area. (With attachments: Alaska Statutes (pages 136-137) and a pamphlet "Special Area Permit Regulations"] D) Minutes of the Womens Bay Comprehensive Planning Committee: June 14 and June 28, 1988. AGENDA DELETIONS The applicant has requested the withdrawal of: VI PUBLIC HEARING F) Case 88-048. Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a shelter for the homeless to locate in a B--Business Zoning District on Lot 2, Block 17, New Kodiak Subdivision; 210 Mill Bay Road. (City of Kodiak) COMMISSIONER ANDERSON MOVED TO ACCEPT the agenda with the additions, corrections, and deletions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER ANDERSON MOVED TO ACCEPT the minutes of the July 20, 1988, Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) Request for Planning and Zoning Commission review and findings pursuant to Section 17.21.050(C) (Performance Standards) of the Borough Code to (1) determine if Lot 2, Block 3, Miller Point Alaska Subdivision shall provide and maintain screening where it is adjacent to a residential district, and (2) define the screening required by Planning and Zoning Commission. 4217 Otmeloi Way (Kodiak Electric Association) COMMISSIONER ANDERSON requested to be excused due to a conflict of interest. CHAIRMAN RENNELL excused r COMMISSIONER ANDERSON. Ilf COMMISSIONER KNUDSEN MOVED TO approve that no screening must be provided and maintained between Lots 2 and 3, Block 3, Miller Point Alaska Subdivision, and to adopt the findings of fact contained in the staff report dated August 9, 1988. The motion was seconded and CARRIED by unanimous voice vote. FINDINGS OF FACT KIBS226552 1. The size of Lot 2, relative to the size of Lot 3, and the existing topography of the lots, makes the Page 2 of 27 P&Z Minutes: August 17, 1988 provision of screening redundant. The business use of Lot 3 is located well away from the side of Lot 3's common boundary with Lot 2. 3. The proposed use will not have a significant negative impact on the adjacent property due to noise. 4. The new business use as proposed should not significantly impact the existing use or adjacent uses. COMMISSIONER ANDERSON returned to the Planning and Zoning Commission. B) Case S-87-010. Creating Tracts "K" and "L" from a Portion of Unsubdivided U.S. Survey 1396, including Lilly Lake. Request for Planning and Zoning Commission review of condition of approval number 1, "that a final plat for the vacation and replat of the ten (10) unsubdivided portions of U.S. Survey 1396 adjoining Russell Estates and Airpark Subdivisions shall be filed prior to the filing of the final plat for this subdivision." The purpose of the review is to consummate the Lilly Lake land trade and meet condition of approval number 1 in separate timeframes. (Kodiak Island Borough) WALT EBELL, representing Len Grothe, appeared before the Commission, and expressed support for this request. Mr. Ebell noted the proper case number was S-87-019. rA discussion ensued among the Commissioners and Mr. Il Ebell regarding this request. Mr. Ebell stated that meeting the first condition was a time consuming task, that they were performing the task in good faith and due diligence, and that they would be happy to put it in a contract, providing remedies through law. COMMISSIONER ANDERSON MOVED THAT A FINAL PLAT for Case S-87-019 may be filed; and a final plat for the vacation and replat of the ten (10) unsubdivided portions of U.S. Survey 1396 in Lilly Lake adjoining Russell Estates and Airpark Subdivision and the nine upland portions of unsubdivided U.S. Survey 1396 adjacent to Russell Estates Subdivision and Russell Estates Second Addition shall be filed prior to August 17, 1989. The motion was seconded and CARRIED by unanimous voice vote. There were no requests. VI. PUBLIC HEARINGS further audience comments or appearance A) Case 88-043. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit a communication facility to locate in the C--Conservation Zoning District on a Portion of Section 15, Township 18 South, Range 19 West, Seward Meridian, on Shuyak Island. The facility will consist of a twenty (20) foot tower, two (2) microwave dish antenna, a solar array used to charge several large batteries, and a small radio device to amplify and retransmit the signal. (State of Alaska Division of Telecommunications and Department of Natural Resources) KIBS226553 Page 3 of 27 P&Z Minutes: August 17, 1988 DUANE DVORAK indicated 7 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a request for a l conditional use permit in accordance with Section 17.13.030 of the Borough Code to permit a communication facility consisting of a twenty (20) foot tower, two (2) microwave dish antenna, a solar array, and a small radio device to locate in the C--Conservation Zoning District within the SE 1/4 of the SW 1/4 of the SW 1/4 of the SE 1/4 of Section 15, Township 18 South, Range 19 West, subject to the condition of approval outlined in the staff report dated August 12, 1988 and to adopt the findings contained in the staff report dated August 12, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITION OF APPROVAL 1. Should the applicant ever discontinue its use of the site, the applicant shall be required to remove all equipment from the site and return the site to a natural condition that is consistent with the surrounding environment. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit character and integrity of the surrounding area. It appears that the proposed use will preserve the value, spirit, character, and integrity of the surrounding area. This proposed site is the property of the State of Alaska, which owns the surrounding land also. As the area proposed for the project is fairly remote and at a higher elevation than the surrounding area, the proposed activity should not significantly impact or conflict with any forms of recreation currently being engaged in on Shuyak Island. Once the structure is completed, it will not impact the surrounding environment to any measurable degree. The construction phase is the time when wildlife and habitat will be most vulnerable. Potentially adverse impacts to wildlife and habitat will be limited during the construction phase by the use of a helicopter to ferry men and supplies directly to the site. There will be no overland access to the site constructed in connection with this activity which could needlessly disrupt the surrounding area. 2. That the conditional use fulfills all other The conditional use will fulfill all other requirements of the C--Conservation Zoning District. KIBS226554 Page 4 of 27 P&Z Minutes: August 17, 1988 3. The proposed use should not be harmful to the public health, safety, convenience or comfort. The structure and facilities will be required to comply with building and fire codes through the building permit and inspection process. The facilities may also enhance the overall public safety and welfare since microwave relay stations are often used for transmission of voice communications to meet the publics needs. 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. The proposed site is wholly located on lands owned by the State of Alaska and it is in a remote area several miles from any habitations or property owned by other persons or entities. B) Case 88-044. Request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit the use of a lot zoned RR1--Rural Residential One for fishing activities (gear storage) when no owner occupied dwelling is present on the property. Lot 1, Block 3, Bells Flats Alaska Subdivision; 1296 Sargent Creek Road. (Jim and Terri Venable) DUANE DVORAK indicated 25 public hearing notices were mailed for this case and 17 were returned, 15 opposing and 2 expressing non -objection to this request. Staff recommended denial of this request. COMMISSIONER ANDERSON requested to be excused due to a potential conflict of interest. COMMISSIONER THOMPSON asked COMMISSIONER ANDERSON to clarify the conflict of interest. COMMISSIONER ANDERSON stated that he owns property within the public hearing notification area. COMMISSIONER THOMPSON stated that the Borough Code requirement for the notification area was only 300 feet. A discussion ensued among the Commissioners regarding the potential conflict of interest. CHAIRMAN RENNELL ruled that COMMISSIONER ANDERSON did not need to step down due to a potential conflict of interest. Regular Session Closed. Public Hearing Opened: JIM VENABLE, applicant, appeared before the Commission and expressed support for this request. Mr. Venable explained the request in detail and his future plans if the exception were approved. COMMISSIONER HENDEL noted the discussions regarding fishing gear storage held last spring and stated that the Commission recommended to the City of Kodiak and the Kodiak Island Borough Assembly that, in the future, Near Island be developed for public fishing gear store. COMMISSIONER HENDEL asked Mr. Venable if that area were available would he utilize it. Mr. Venable responded that of course he would use a more convenient spot. A Page 5 of 27 P&Z Minutes: August 17, 1988 KiBS226555 discussion ensued among the Commissioners and Mr. Venable concerning the exception request. The consensus of the Commission was that the exception request was necessary because the dwelling on the lot was not owner -occupied. WAYNE BERRY, Womens Bay resident, appeared before the Commission and expressed opposition to fishing gear storage in a residential area. Mr. Berry noted that Business and Industrial Zoning Districts were only 1.5 miles away. Mr. Berry also noted that the roads in the area were not big enough to support such an intensive use. A discussion ensued among the Commissioners and Mr. Berry regarding the particular parcels of land owned by Mr. Venable. Mr. Berry stated that it was Mr. Venable's right to store fishing gear on his residential lot; but if fishing gear storage was allowed on the non -owner -occupied lot, the lot would become a business lot. Mr. Berry also noted that the Womens Bay Community was making an effort to clean up the area through the Comprehensive Planning Committee and the Service District. COMMISSIONER THOMPSON asked Mr. Venable "what caused this, Jim?" Mr. Venable responded from the audience that he came into the Borough and was honest. Mr. Berry then stated "and the rest of us got scared." SCOTT ARNDT appeared before the Commission and expressed support for this request. FRED GREER appeared before the Commission and expressed opposition to this request. NANCY PADGET appeared before the Commission and expressed opposition to setting a precedent of this nature, and therefore, opposition to this request. GORDON JONES appeared before the Commission and expressed opposition to setting a precedent of this nature, and suggested a special permit be issued to allow this request without setting a precedent. Public Hearing Closed. Regular Session Opened. A discussion ensued among the Commissioners, with input from Mr. Venable, regarding the specifics of this request, the history of the fishing gear storage issue since the Buskin River area was closed, and the Commission's possible motions. COMMISSIONER THOMPSON MOVED TO TABLE Case 88-044. A request for an exception from Section 17.17.020 of the Borough Code to permit the use of a lot zoned RR1--Rural Residential One for fishing activities (gear storage) when no owner occupied dwelling is present on the property. Lot 1, Block 3, Bells Flats Alaska Subdivision; and to schedule a meeting within the next thirty (30) days to hear issues and derive solutions. The motion died for the lack of a second. COMMISSIONER HENDEL MOVED TO GRANT a request for an exception from Section 17.17.020 of the Borough Code to permit the use of a lot zoned RR1--Rural Residential One for fishing activities (gear storage) when no owner occupied dwelling is present on the property. Lot 11 Block 3, Bells Flats Alaska Subdivision; subject to the following conditions: KIBS226556 Page 6 of 27 P&Z Minutes: August 17, 1988 1. No more than one hundred (100) crab pots, and lines and buoys for these pots, 6 foot by 6 foot or smaller, may be stored on the lot. 2. No more than three hundred (300) longline tubs may be stored on the lot. 3. No more than one (1) shelter deck for one (1) vessel may be stored on the lot. 4. An occupied dwelling must be present on the lot. The motion died for the lack of a second. COMMISSIONER THOMPSON MOVED TO TABLE Case 88-044. A request for an exception from Section 17.17.020 of the Borough Code to permit the use of a lot zoned RR1--Rural Residential One for fishing activities (gear storage) when no owner occupied dwelling is present on the property. Lot 1, Block 3, Bells Flats Alaska Subdivision; and to schedule a meeting within the next thirty (30) days to hear issues and derive solutions. The motion was seconded and FAILED by a tie vote. Commissioner Anderson abstained, and Commissioners Knudsen and Rennell voted "no." A discussion ensued among the Commissioners, with input from Community Development Department staff, regarding conditions placed on exceptions. COMMISSIONER ANDERSON explained why he abstained from voting. COMMISSIONER THOMPSON MOVED TO GRANT a request for an exception from Section 17.17.020 of the Borough Code to permit the use of a lot RR1--Rural Residential One for fishing gear storage activities (gear storage) in the absence of an owner occupied dwelling. Lot 1, Block 3, Bells Flats Subdivision. The motion was seconded and FAILED by majority roll call vote. Commissioner Anderson abstained, and Commissioners Hartt, Knudsen, and Rennell voted "no." The Commissioners suggested that the applicant talk to the Council of the City of Kodiak and Kodiak Island Borough Assembly members regarding this issue. The applicant was also informed of his appeal rights. COMMISSIONER HENDEL MOVED TO ADOPT findings contained in the staff report dated August 10, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous voice vote. CHAIRMAN RENNELL recessed the meeting for ten minutes. CHAIRMAN RENNELL called the meeting back to order at 9:10 P.M. 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 r general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the tll neighborhood. A. will not endanger the public's health, safety or general welfare. It appears that the proposed use has the potential to endanger the public's health, safety, or general welfare because commercial land uses (i.e. outdoor storage of fishing gear) detract from the use of land on Page 7 of 27 P&Z Minutes: August 17, 1988 KIBS226557 0 adjoining properties for residential purposes. In addition, the outdoor storage of fishing gear may also increase the potential for infestations of rodents, insects and other disease carrying pests. The proposed use will be inconsistent with the general purposes and intent of Title 17, the specific description and intent of Chapter 17.17, the RR1--Rural Residential One Zoning District, and the 1982 Womens Bay Community Plan. Section 17.03.080 of the Borough Code specifies that uses not listed as a permitted use are prohibited. Outdoor storage is not listed as a permitted use in the RR1--Rural Residential One Zoning District. Additionally, Section 17.17.010(B), the Description and Intent of the RR1--Rural Residential One Zoning District is "To prohibit commercial and industrial land uses." In the 1982 Womens Bay Community Plan the section on Future Land Use states: "Future land usage in the existing community will consist of large lot single family residential on both sides of Russian Creek. The community has expressed the goal of keeping the area as rural residential in nature." The applicant's exception request is for a commercial land use and therefore is inconsistent with the 1982 Womens Bay Community Plan. One appropriate alternative to an exception would be to first request an amendment to the Womens Bay Community Plan and if successful, apply for rezoning of the lot. C. Will not adversely impact other properties or uses in the neighborhood. The proposed use could potentially have adverse impacts on other properties in the area. In addition to the land use conflicts between commercial and residential uses (inherent incompatibility of outdoor storage next to residential properties), granting this exception will set a precedent for changing the expected use and lifestyle (i.e., large lot, low density, single-family residential) of the RR1--Rural Residential One Zoning District. This exception would also set a precedent for other gear storage requests on property zoned for residential purposes. C) Case 88-045. Investigation of the rezoning of Block 5, Leite Addition from R3--Multifamily Residential R1--Single-Family Residential in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. 1410, 1412, 1414, 1420, 1422, 1424, 1510, 1512 Mission Road and 1411, 1413, 1415, 1417, 1419, 1421, 1423, 1425, 1427, 1429 Kouskov Street. (Kodiak Island Borough Planning and Zoning Commission) DUANE DVORAK indicated 138 public hearing notices were mailed for this case and 12 were returned, 6 in favor, Page 8 of 27 P&Z Minutes: August 17, 1988 KIBS226558 4 opposing, and 2 expressing non -objection to this request. Staff recommended approval of this request. A discussion ensued among the Commissioners and the consensus of the Commission was that this request should have at least two (2) public hearings to gather public testimony, and that this would be an informational hearing only. Regular Session Closed. Public Hearing Opened: REMEGIO MARASIGAN appeared before the Commission and expressed opposition to this request. BARTOLOME NAVIDAD appeared before the Commission and expressed his feelings about this request. NORM STEARNS appeared before the Commission and expressed opposition to this request. SCOTT ARNDT, representing Dennis Murray, appeared before the Commission and asked if Mr. Murray's public hearing notice response was copied for the Commission. CHAIRMAN RENNELL responded "yes." ROBERT FRYE appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO TABLE Case 88-045 for another public hearing at the September 21, 1988 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. D) Case 88-046. Request for a variance from Section 17.24.040(A)(1) (Yards) of the Borough Code to permit the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback. Tract D-1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. (Royal V. Large) DUANE DVORAK indicated 15 public hearing notices were mailed for this case and 1 was returned, 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 ANDERSON MOVED TO GRANT a request for a variance from Section 17.24.040(A)(1) of the Borough Code to permit the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback in an I --Industrial Zoning District on Tract D1 of Tract A, Bells Flats Alaska Subdivision; and to adopt the findings of fact contained in the revised staff memorandum dated August 12, 1988. The motion was seconded. COMMISSIONER ANDERSON MOVED TO AMEND THE MAIN MOTION by adding the following condition: KIBS226559 Page 9 of 27 P&Z Minutes: August 17, 1988 F 1. Access to and parking for the proposed structure shall be prohibited adjacent to Sargent Creek Road and in front of the proposed structure. The AMENDMENT was seconded and CARRIED by unanimous voice vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous voice vote. FINDINGS OF FACT 1 2. 3. Em Exceptional physical circumstances or conditions The exceptional condition applicable to this property is the existing foundation. While it constitutes an ongoing encroachment of the front yard set back requirement for the tract, it is "grandfathered" due to its placement at the present location prior to the adoption of current Borough regulations. hardships. Strict application of the zoning ordinance would require the proposed structure to be built farther back on the foundation away from the front lot line. Another alternative would be to place the whole structure elsewhere on the tract, on a completely new foundation. Either of these possible alternatives would result in practical difficulties due to the loss of usable storage capability that would have been available if the all of the original foundation were used or by the added expense of a new foundation located in an area consistent with the Code. As the available alternatives would not require the removal of the existing foundation from its current location, the strict application of the zoning ordinances would result in an unnecessary hardship as the foundation, will still be encroaching the front yard setback requirement. in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance to allow encroachment into the setback would not damage or prejudice other properties in the area. The Commission has granted at least one other variance in this subdivision for a similar use of an existing foundation for a residential development and there are nearby uses of other facilities that are "grandfathered" and still in use today. Granting of the variance will not be contrary to the objectives of the 1982 Womens Bay Community Plan which identifies this area as a potential site for industrial development. KIBS226560 Page 10 of 27 P&Z Minutes: August 17, 1988 5. Actions of the applicant did not cause the special condition from which relief is being sought by variance. The existing foundation was in place at the time the lot was purchased. The applicant will take no action to improve the foundation until the variance request has been decided. 6. That the granting of the variance will not Permit a Prohibited land use in the district involved. Warehouse and Storage are permitted uses in the I --Industrial Zoning District. E) Case 88-047. Request for a variance from Section 17.57.020(D) (Off -Street Parking) of the Borough Code to allow either (A) both a forty-two (42) bed jail facility (on Lots 122 through 126, Block 10, Erskine Subdivision) and a homeless shelter (on Lot 2, Block 15, Kodiak Townsite) to provide only one hundred twenty-eight (128) off-street parking spaces instead of the required one hundred forty-five (145) off-street parking spaces in a PL--Public Use Lands Zoning District; or (B) a forty-two (42) bed jail facility to provide only one hundred thirty-six (136) off-street parking spaces instead of the required one hundred thirty-nine (139) off-street parking spaces in a PL--Public Use Lands Zoning District. Lots 122 through 126, Block 10, Erskine Subdivision; 215, 217, 219, 311, and 315 Mill Bay Road. (City of Kodiak) DUANE DVORAK indicated 49 public hearing notices were mailed for this case and 3 were returned, 1 in favor and 2 expressing non -objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: GORDON GOULD, City Manager, appeared before the Commission and expressed support for this request, stating that the City Council preferred alternative (A) . FRANCES CATER appeared before the Commission and expressed support for this request. Ms. Cater stated that the Shelter Board preferred alternative (A). Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a request for a variance from Section 17.57.020 of the Borough Code to permit the construction of a forty-two (42) bed jail facility (on Block 10A, Erskine Subdivision) and a shelter for the homeless (on Lot 2, Block 15, Kodiak Townsite) which will only provide one hundred twenty-eight (128) off-street parking spaces instead of the required one hundred forty-six (146) off-street parking spaces in a PL--Public Use Lands and a B--Business Zoning Districts subject to the conditions of approval contained in the revised staff memorandum dated August 16, 1988 and to adopt the findings lA through 6A contained in the revised staff memorandum dated August 16, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. Page 11 of 27 P&Z Minutes: August 17, 1988 KIBS226561 CONDITIONS OF APPROVAL F F 1. The specific location of the homeless shelter will be established through the zoning compliance process. 2. The applicant shall provide drawings of final floor plans for both the jail addition and the homeless shelter so that staff may check the consistency of the parking plan requirements. 3. The applicant shall submit a revised parking plan, prior to the issuance of zoning compliance, showing the placement of the required number of off-street parking places as specified by variance. 4. The homeless shelter and the jail addition may each be developed independently, however, in order for the homeless shelter to receive its Certificate of Occupancy it must have developed and available the minimum number of required off-street parking spaces for that facility. In order for the jail addition to receive its Certificate of Occupancy, the applicant shall have developed the required number of off-street parking spaces for the overall site, as specified by the variance. 5. The applicant shall be required to submit a grading and drainage plan for the site, plus an annual maintenance schedule for those areas which will not be developed in accordance with Section 17.57.040 (C) (Parking Area Development Standards) and Section 17.21.050 (C) (Performance Standards) of the Borough Code. 6. The applicant will be required to obtain approval by the Planning and Zoning Commission regarding the provision and maintenance of appropriate screening. FINDINGS OF FACT 1. 2. Exceptional physical circumstances or conditions applicable to the property or intended use of A. There are several exceptional conditions that apply to this site such as the irregular size and shape of the lots, the location and placement of down guys from utility poles and the existence of a 45 foot utility easement across one side of Lot 2, Block 15. Current borough policy does not encourage construction above or below a utility easement. There are not many properties in the Public Lands or Business Zoning Districts with these kinds of constraints. A. Strict application of the Zoning Ordinance would require the provision of 145 off-street parking spaces. This is a practical difficulty due to the shape of the areas available for parking and also due to the placement of utility pole down -guys. In addition, it would be an unnecessary hardship Page 12 of 27 P&Z Minutes: August 17, 1988 KIBS226562 7 3. 4 5. 6. Page 13.of 27 because both the inmates of the jail addition and the residents of the homeless shelter are not likely to require parking. The parking that is provided will probably only be used by operational personnel, occasional visitors and perhaps for deliveries. health, safety and welfare. A. Granting of the variance should not result in material damage or prejudice to other properties in the vicinity as long as parking lot development standards are strictly adhered to. The variance, if granted, would be a promotion of the public's health, safety and welfare by increasing the police department's capability for holding individuals suspected of crimes. These ideals would also be promoted by allowing a shelter for the homeless, which could provide a clean and safe place to sleep and eat for those without proper shelter. The proposed activity would also provide a viable alternative to street living for displaced workers with families. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. A. This area, partially identified for Medium Density Residential Development by the comprehensive plan, has been dedicated to off-street parking in support of the institutional land uses located on the rest of the site by previous land use decisions. The area on which the present jail, police station, fire station and library are placed is designated for Public Use. The granting of the variance will be not be contrary to the objectives of the Comprehensive Plan because the larger area of the site is designated for public use and the comprehensive plan is used as a general guide and does not have to be interpreted specifically. A. In this case, the actions of the applicant have not caused the conditions from which relief is being sought by variance. The existing developments on the site were evaluated differently that the current proposal. Based on a reinterpretation of the current Borough Code, the applicant is trying to maximize a window of opportunity that was created through the reevaluation process. Further, the variance will be decided prior to construction of the proposed facilities. A. The placement of a homeless shelter in a B--Business Zoning District has already received conceptual approval through an P&Z Minutes: August 17, 1988 KIBS226563 exception granted by the Commission per Case 88-020. The placement of a jail addition in the PL--Public Use Lands Zoning District is a permitted conditional use which was approved by the Commission per Case 87-024. F) Case 88-048. Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a shelter for the homeless to locate in a B--Business Zoning District on Lot 2, Block 17, New Kodiak Subdivision; 210 Mill Bay Road. (City of Kodiak) DUANE DVORAK indicated 37 public hearing notices were mailed for this case and 3 were returned, opposing this request. Staff recommended the Commission hold a public hearing, and following the public hearing take no action on this request as the applicant had requested, in writing, that the case be withdrawn. CHAIRMAN RENNELL noted that a public hearing would be held, but that the Commission would take no action due to the fact that the applicant had requested that this case be withdrawn. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. G) Case 88-049. Request for a variance from Section 17.54.010(A and C) of the Borough Code to permit a four (4) foot fence to project thirty-five (35) feet (to the sidewalk) into the Rezanof Drive Right -of -Way in a R1--Single-Family Residential Zoning District. Lot 4, Block 56, East Addition; 1813 Rezanof Drive East. (Charles and Connie Johnson) DUANE DVORAK indicated 35 public hearing notices were mailed for this case and 2 were returned, expressing non -objection to this request. Staff recommended approval of this request. A discussion ensued among the Commissioners, with input from Community Development Department staff, regarding the fence's construction status. 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 17.54.010(A) of the Borough Code to permit a four (4) foot fence to project thirty-five (35) feet (to the sidewalk) into the Rezanof Street right-of-way in an R1--Single Family Residential Zoning District, subject to the conditions of approval contained in the staff report dated August 4, 1988 and to adopt the findings contained in the staff report dated August 4, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. KIBS226564 Page 14 of 27 P&Z Minutes: August 17, 1988 F r 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 State-owned property. 3. If at a future date the State determines that the fence must be removed from State-owned property, the applicant or any subsequent owner of Lot 4, Block 56, East Addition, agrees to remove same without cost to the State. 4. Since the land is publicly owned, no prescriptive right accrues to the user. FINDINGS OF FACT 0 2. 3. 4. 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 be able to erect a fence of any height around that yard. In addition, if the fence was built along the property lines, strips of State property would remain outside the fence. It is possible that this property would not then be maintained by the property owner. 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. iiealznu sarety ana weifare Granting of the variance will not be detrimental to the public's health, safety or welfare because the fence does not pose a line of site problem along Rezanof Street. Also, the conditions outlined below ensure that any future removal of the fence will not impose a cost to the public. The erection of the fence into the right-of-way will hopefully ensure that the small strip of State property is maintained by the adjacent property owner to the benefit of the Public. Granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan identifies this area for Medium Density Residential development. Fences and other Page 15 of 27 P&Z Minutes: August 17, 1988 KIBS226565 5. minor structural developments are not addressed in the Comprehensive Plan. In this instance, actions of the applicant have caused the conditions from which relief is being sought by variance. This is due to the fact that fence construction began prior to the granting of the variance. However, staff believes that the variance would have been requested prior to the initiation of construction if the applicant had understood that it was necessary. 6. That the granting of the variance will not permit a prohibited land use in the district involved Fences are permitted in all land use districts. H) Case 88-050. Request for a variance from Section 17.18.050(A) (Yards) of the Borough Code to permit the construction of a covered deck that encroaches eight (8) feet into the required eighteen (18) foot front yard setback in a R1--Single-Family Residential Zoning District. Lot 24, Block 12, Aleutian Homes Subdivision; 716 Willow Street. (Wilfredo Cabudol) DUANE DVORAK indicated 62 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 THOMPSON MOVED TO GRANT a request for a variance from Section 17.18.050 of the Borough Code to permit a thirty by eight (30 x 8) foot covered deck addition onto the existing single family residence to encroach four (4) feet into the required fourteen (14) foot front yard setback in an R1--Single-Family Residential Zoning District on Lot 24, Block 12, Aleutian Homes Subdivision; and to adopt the findings contained in the staff report dated August 9, 1988, as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. r In this case the exceptional physical condition is I the placement of the existing structure on the lot, 18 feet from the Willow Street right-of-way. Any addition of a covered deck will require a variance. The house was built in 1951 and during this time covered decks were not typically included on the buildings that make up this subdivision. In addition, buildings were not sited in such a manner as to allow for any additions without encroaching into the required setbacks. KIBS226566 Page 16 of 27 P&Z Minutes: August 17, 1988 3. 4. 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 covered deck. This is a practical difficulty and unnecessary hardship when many other residences in Aleutian Homes and surrounding subdivisions have covered decks and arctic entries. health, safety and welfare. Granting of this variance will not result in material damages or prejudice to other properties in the area. A substantial number of other residences in the area have covered decks and arctic entries and the Commission has granted variances in the past for these types of additions, including for the lot next door. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for Medium Density Residential Development. The addition will not increase the existing density or alter the permitted land uses. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this case, actions of the applicant have not caused the conditions from which relief is being sought by variance. The variance will be decided prior to the construction of the covered deck. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family residences are a permitted land use in this district. I) Case S-88-018. Request for preliminary approval of the subdivision of Lot 11, Block 1, Miller Point Alaska Subdivision Second Addition to Lots 11A and 11B. 4254 Cliffside Road (Baine H. and Frances Cater) ANN MOEN indicated 27 public hearing notices were mailed for this case and none were returned. Staff recommended preliminary approval of this request. COMMISSIONER THOMPSON reported that he was sent a public hearing notice for his property which is 815 feet from the applicant's property and that he did not consider this appropriate nor a conflict of interest. Regular Session Closed. Public Hearing Opened: MIKE RASMUSSEN appeared before the expressed support for this request. Public Hearing Closed. Regular Session Opened. Commission and KIBS226567 Page 17 of 27 P&Z Minutes: August 17, 1988 COMMISSIONER HENDEL MOVED TO GRANT PRELIMINARY APPROVAL OF CASE S-88-018; the subdivision of Lot 11, Block 1, Miller Point Alaska Subdivision Second Addition to Lots 11A and 11B, subject to the following conditions of approval: CONDITIONS OF APPROVAL 1. If the applicant obtains a building permit for a primary structure on proposed Lot 11-B within 30 days of subdivision approval, the applicant will not be required to remove the accessory buildings located on proposed Lot 11-B. 2. The applicant shall obtain a variance for the garage if it will continue projecting into the required twenty-five (25) foot front yard setback of the R2--Two Family Residential Zoning District. The motion was seconded. A discussion ensued among the Commissioners, with input from Community Development Department staff, Engineering Department staff, and Mr. Cater regarding the discussions at the packet review and the conditions of approval. It was determined during the discussion that the two (2) off-street parking spaces required for Lot 11-A have been developed. COMMISSIONER HENDEL, with concurrence of the second, accepted the following friendly amendment to the main motion: 3. That construction of the residential structure required in condition number one (1) above be begun within the next one (1) year. The question was called, and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. J) Case S-88-019. Request for a variance from Section 16.40.050(C)(1) (Lot Design) of the Borough Code to permit the platting of a lot with a flag stem of less than thirty (30) feet, and a request for preliminary approval of the subdivision of Lot 13, Block 1, Miller Point Alaska Subdivision Second Addition to Lots 13A, 13B, and 13C. 4320 Cliffside Road. (Michael Rasmussen) ANN MOEN submitted a revised memorandum concerning this case to the Planning and Zoning Commission and Community Development Department staff. CHAIRMAN RENNELL recessed the meeting for five minutes so that the Commission could read the revised memorandum from the Engineering Department. CHAIRMAN RENNELL called the meeting back to order at 10:00 p.m. COMMISSIONER THOMPSON stated that he would no longer acknowledge the receipt of a public hearing notice as a potential conflict of interest. A discussion ensued among the Commissioners and Engineering Department staff regarding conflict of interest. Regular Session Closed. Public Hearing Opened: MIKE RASMUSSEN, applicant, appeared before the Commission and expressed support for this request in the form suggested by the Director of the Community Development Department. KIBS226568 Page 18 of 27 P&Z Minutes: August 17, 1988 A lengthy discussion ensued among the Commissioners, Mr. Rasmussen, and Engineering Department staff, regarding the history of this particular case, the radius of notification for public hearing notices, and the specific conditions of approval outlined in the revised memorandum from the Engineering Department, dated August 16, 1988. BAINE CATER appeared before the Commission and expressed support for Mr. Rasmussen's request. SCOTT ARNDT appeared before the Commission and expressed support for Mr. Rasmussen's request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT PRELIMINARY APPROVAL to a revised subdivision for Case 5-88-019, that creates lots that all meet the minimum required lot width, subject to the following conditions: CONDITIONS OF APPROVAL 1. That, to reflect the purchase of property from Lot 14 to provide for the required 60-foot lot width and 30-foot flag stems, a plat be submitted for the vacation and replat of Lots 13 and 14, creating Lots 13A, 13B, 13C, and Lot 14A. 2. That the plat to be submitted shall reflect the required 60-foot lot widths and 30-foot flag stem widths, eliminating the need for granting of a variance. 3. The rear yard setback for Lots 13B and 13C shall be measured from the top of the bank. The motion was seconded. A discussion ensued among the Commissioners. The question was called and the MAIN MOTION CARRIED by unanimous roll call vote. A discussion ensued among COMMISSIONER THOMPSON and CHAIRMAN RENNELL regarding this case. K) Case S-88-020. Request for preliminary approval of the subdivision of U.S. Survey 362 to Tracts A, B, C, and D (five -plus acres each). Located with Section 22, Township 30 South, Range 32 West, Seward Meridian, (Karluk Lagoon/Karluk River). (Trillium Corporation) ANN MOEN indicated 2 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this reauest. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT_ PRELIMINARY APPROVAL OF CASE S-88-020; the subdivision of U.S. Survey 362 to Tracts A, B, C, and D (five -plus acres each). Located with Section 22, Township 30 South, Range 32 West, Seward Meridian, (Karluk Lagoon/Karluk River), subject to the following condition of approval: Page 19 of 27 P&Z Minutes: August 17, 1988 KIBS226569 CONDITION OF APPROVAL 1. A ten (10) foot easement along the shoreline shall be dedicated to public access. The motion was seconded and CARRIED by unanimous roll call vote. L) Case S-88-021. Request for preliminary approval of the vacation of Lots 21 and 22, Block 7, Monashka Bay Alaska Subdivision, and replat to Lots 21A, 22A, and 22B. 3399 and 3401 Peninsula Road (Nancy E. Anderson, Vicki M. Case, Fritz Bruenhoff) ANN MOEN indicated public hearing notices were mailed for this case and were returned, in favor and 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 KNUDSEN MOVED TO GRANT PRELIMINARY APPROVAL OF CASE S-88-021; the vacation of Lots 21 and 22, Block 7, Monashka Bay Alaska Subdivision, and replat to Lots 21A, 22A, and 22B, subject to the following conditions of approval: CONDITIONS OF APPROVAL 1. Place the following note on the final plat: "The required twenty-five (25) foot front yard setback requirement for proposed Lot 22-B shall be calculated from the rear lot line of proposed Lot 22-A. Also, a twenty-five (25) foot front yard setback shall be maintained from Lakeview Drive." 2. The accessory building located on proposed Lot 22-B must be removed or relocated in accordance with Title 17. 3. The developer shall improve the line of sight at the intersection of the driveway of Lot 22A and the access easement so that the top of the hill can be seen. The motion was seconded and CARRIED by unanimous roll call vote. FRITZ BRUENHOFF requested that he be heard. A discussion ensued among the Commissioners and Mr. Bruenhoff and the consensus of the Commission was that since Mr. Bruenhoff had not been aware that a public hearing had been held on this case that Mr. Bruenhoff would be heard. I Mr. Bruenhoff presented pictures to the Commission II regarding this subdivision and the line of sight to the top of the hill. A discussion ensued among the Commissioners and Mr. Bruenhoff regarding the line of sight requirement and the other conditions of approval. COMMISSIONER KNUDSEN MOVED TO RESCIND CONDITION NUMBER 3 (LINE OF SIGHT). The motion was seconded and FAILED by majority roll call vote. Commissioners Hartt, Hendel, Knudsen, Rennell, and Thompson voted "no." Page 20 of 27 P&Z Minutes: August 17, 1988 KIBS226570 M) Case S-88-022. Request for preliminary approval of the subdivision of the remainder of Lot 19 of Lot 2, U.S. Survey 2539 to Tracts 19A and 19B, encompassing Rezanof Drive West. Located with Sections 21 and 28, Township 28 South, Range 20 West, Seward Meridian, adjacent to the "Old Shipyard" in Womens Bay. (Koniag Inc. Regional Native Corporation) ANN MOEN indicated 2 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSENMOVED TO GRANT PRELIMINARY APPROVAL OF CASE S-88-022; the subdivision of the remainder of Lot 19 of Lot 2, U.S. Survey 2539 to Tracts 19A and 19B, encompassing Rezanof Drive West. Located with Sections 21 and 28, Township 28 South, Range 20 West, Seward Meridian, adjacent to the "Old Shipyard" in Womens Bay; subject to conditions of approval 1 through 6 (1 - 6) outlined in the memorandum from the Borough Engineer dated August 9, 1988. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Show the total areas for Lots 19-A and 19-B on the final plat. 2. Show the net areas for Lots 19-A and 19-B, excluding the highway right-of-way, on the final plat. 3. Define the points at which the highway right-of-way centerline crosses the boundary of Lots 19-A and 19-B. 4. Define the locations of KEA easements by distances and bearings from the boundaries of Lots 19-A and 19-B. 5. Make the following corrections to the Legal Description: a. Radial Bearing of S46 1715411E instead of S45 15140"E; b. Include the seconds on the tangent bearing N47 44115"E; and C. Change the central angle of 08 11157" to 02 r 14135". I 6. Show the Basis of Bearing on the final plat. N) Case S-88-023. Request for preliminary approval of the subdivision of the remainder of a Portion of U.S. Survey 1671 to Tracts A, B, C, and D. Located within Section 19, Township 26 South, Range 19 West, Seward Meridian, on Spruce Island. (Edward N. Opheim, Sr.) ANN MOEN indicated mailed for this case recommended approval 13 public hearing notices were and none were returned. Staff of this request. Page 21 of 27 P&Z Minutes: August 17, 1988 KIBS226571 Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER_ KNUDSEN MOVED TO GRANT PRELIMINARY APPROVAL OF CASE 5-88-023: the subdivision of the remainder of a Portion of U.S. Survey 1671 to Tracts A, B, C, and D. Located within Section 19, Township 26 South, Range 19 West, Seward Meridian, on Spruce Island; subject to conditions of approval numbered one through three (1 - 3) outlined in the memorandum from the Borough Engineer dated August 9, 1988. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The applicant shall obtain ADEC approval of this subdivision prior to submittal of the final plat. 2. That the right-of-way width for the stub road providing access to Tract B be revised to 60 feet in width. 3. That the two portions of the right-of-way to be dedicated be named. 0) Case 5-88-024. Request for preliminary approval of the vacation of Lots 20 and 21, Block 4, Monashka Bay Alaska Subdivision, and replat to Lots 20A, 20B, 20C, and 21A. 2807 and 2769 Lakeview Drive (Stephen Rennell) r CHAIRMAN RENNELL noted that he had a conflict of interest and passed the gavel to COMMISSIONER ANDERSON. ANN MOEN indicated 45 public hearing notices were mailed for this case and 1 was returned, expressing non -objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: K. FALATTO appeared before the Commission and expressed opposition to this request. FRED TURCOTT appeared before the Commission and expressed opposition to this request. A discussion ensued among the Commissioners, Mr. Turcott, and Engineering Department staff regarding the access easements on the plats. Ms. Moen provided the Commission with the original plats on file in the Engineering Department. ALAN SPALINGER appeared before the Commission and opposition to this request. LESLIE WATSON appeared before the Commission and opposition to this request. A discussion ensued among the Commissioners, Mr. Turcott, and Mr. Falatto regarding the history of the plats. STEVE RENNELL, applicant, appeared before the Commission and expressed support for this request. Page 22 of 27 P&Z Minutes: August 17, 1988 KIBS226572 SCOTT ARNDT appeared before the Commission and suggested that this case be tabled until the Engineering Department could furnish further information. A discussion ensued among the Commissioners, Mr. Arndt, and Engineering Department staff regarding the data supplied by the Engineering Department on this subdivision. Public Hearing Closed. Regular Session Opened. A discussion ensued among the Commissioners regarding this case. FOR the vacation of Lots 20 and 21, Block 4, Monashka Bay Alaska Subdivision, and replat to Lots 20A and 21A; AND TO TABLE THE SUBDIVISION of proposed Lots 20A, 20B, and 20C, instructing the Engineering Department to provide further information regarding this request. The motion was seconded and CARRIED by majority roll call vote. Commissioners Thompson voted "no." COMMISSIONER RENNELL returned to the Planning and Zoning Commission. P) Case 5-88-025. Request for preliminary approval of the vacation of Lots 3B and 4B, Block 1, Miller Point Alaska Subdivision, and replat to Lots 3B-1 and 4B-1. 4744 Rezanof Drive East and 4093 Parkside Drive (Jim Simmen and Craig Johnson) ANN MOEN indicated 32 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT PRELIMINARY APPROVAL OF CASE S-88-025; the vacation of Lots 3B and 4B, Block 1, Miller Point Alaska Subdivision, and replat to Lots 3B-1 and 4B-11 subject to the following condition: CONDITION OF APPROVAL 1. The correction of the arc length along Rezanof Drive East to 149.97 feet rather than 149.47 feet. The motion was seconded and CARRIED by unanimous voice vote. r-- COMMISSIONER ANDERSON MOVED TO CONTINUE THE MEETING beyond 11:55 p.m. The motion was seconded and CARRIED by unanimous voice vote. VII. OLD BUSINESS A). Findings of Fact for Case 88-037. The denial of a request for a variance from Section 17.36.030 (Nonconforming Lots of Record) of the Borough Code to permit a two-family dwelling unit (duplex) to locate on a nonconforming lot of record (substandard lot area and width) instead of only a single-family residence in a Page 23 of 27 P&Z Minutes: August 17, 1988 KIBS226573 F F F R3--Multifamily Residential Zoning District. Lot 10, Block 5, Leite Addition; 1512 Mission. (R. Marasigan) (The Planning and Zoning Commission deferred findings of fact from the July 20, 1988 Regular Meeting.) COMMISSIONER HENDEL MOVED TO ADOPT the findings of fact for Case 88-037 contained in the staff memorandum dated August 9, 1988. The motion was seconded and CARRIED by unanimous voice vote. FINDINGS OF FACT 2. 3. The exceptional physical circumstances is that the lot is nonconforming due to its area of 5,981 square feet. This is 1,219 square feet less than the minimum lot area required by current zoning regulations (71200 square feet for R1, R2, and R3 developments of up to a triplex). Additionally, the lot does not meet the minimum width requirement of 60 feet as it is only 49.79 feet wide. Strict application of the Zoning Ordinance would only allow the construction of a single-family residence. There is no indication that the strict application of the provisions of this title, which currently allows for the existing development without the requirement of variance, would result in any practical difficulties or unnecessary hardship. the public's health safety or general weirare. A variance to allow the conversion of a single family dwelling into a duplex could prejudice other single family dwellings in the vicinity, especially the single family dwellings that are located in the eastern end of Block 5, Leite Addition. Allowing a greater density than single family residential would result in a higher potential for increased traffic generation and parking requirements which would be out of character with the single family residences in the vicinity. Based on the testimony heard by the Commission, it appears that during a previous case concerning the development of the subject lot by the Assembly of God Church, a perception was created in the minds of the surrounding owners of single family residences that this area would remain as single family residential for the life expectancy of the new construction even though it was occurring in an R3--Multifamily Zoning District. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan, The granting of a variance would not be contrary to the objectives of the Comprehensive Plan which Page 24 of 27 P&Z Minutes: August 17, 1988 KIBS226574 identifies this area for High Density Residential Development. 5. a variance. The 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 any conversion of the structure to a duplex. 6. That granting of the variance will not permit a prohibited land use in the district involved. A Two -Family Residential Development is permitted in the R3--Multifamily Residential Zoning District. B) Findings of Fact for Case S-88-017. The granting of a request for a variance in accordance with Section 16.100.010 (Variances) of the Borough Code to permit the subdivision of Lot 3, Block 4, Miller Point Alaska Subdivision First Addition into Lots 3-A, 3-B, 3-C, 3-D, 3-E and 3-F with two (2) flag stems with widths less than the required thirty (30) foot width. 3507 Melnitsa Lane (Island Properties, Inc.) (The Planning and Zoning Commission deferred findings of fact from the July 20, 1988 Regular Meeting.) COMMISSIONER ANDERSON MOVED TO ADOPT the findings of fact outlined in the staff memorandum dated August 9, 1988, for Case S-88-017, the granting of a request for a variance in accordance with Section 16.100.010 of the Borough Code to permit the subdivision of Lot 3, Block 4, Miller Point Alaska Subdivision First Addition into Lots 3-A, 3-B, 3-C, 3-D, 3-E and 3-F with two (2) flag stems with widths less than the required thirty (30) foot width. The motion was seconded and CARRIED by unanimous voice vote. FINDINGS OF FACT Due to the favorable topography of the lot in the vicinity of the flag stems for Lots 3C and 3D, and also due to the condition of approval requiring one (1) easement access point be established serving Lots 3B, 3C, 3D, and 3F, the Commission finds that the proposed subdivision of land may vary from the Borough Zoning Code by allowing Lots 3B, 3C, 3D, and 3F to be served by one (1) platted easement in common of fifty (50) feet in width consistent with two (2), twenty-five (25) foot flag stems. The requirement of thirty (30) foot flag stems in this instance would result in real difficulties, and the variance from the thirty (30) foot flag stem requirement will allow the subdivider to develop his property in a reasonable manner. I 2. The flag stem serving Lot 3E however, not having such favorable topography as the other flag lots considered in the subdivision, must conform to the standards established for type "I" flag lots which requires the establishment of a flag stem access corridor of at least thirty (30) feet in width. C) 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 Page 25 of 27 P&Z Minutes: August 17, 1988 KIBS226575 (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) COMMISSIONER HENDEL MOVED TO RECOMMEND to the Kodiak Island Borough Assembly that Lots 4 through 11, Block 3, Lakeside Subdivision not be rezoned, but that an alley be platted and developed on the interior of the adjacent platted green belt. The alley should be developed at the existing grade so that access is provided to the rear of the platted lots. Development of the alley should not disturb the platted green belt. The Commission also adopts the findings of fact contained in the staff memorandum dated August 9, 1988. The motion was seconded and CARRIED by unanimous voice vote. FINDINGS OF FACT Findings as to the Need and Justification for a Change or Amendment. The Commission finds that there is no need or justification to rezone Lots 4 though 11, Block 3, Lakeside Subdivision from I --Industrial to another zoning district classification. Especially, in light of the lack of undeveloped industrially zoned property within the City limits, the proximity of the property to the municipal airport and impound yard, and the large platted buffer between the block and nearby residentially zoned property. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1968 Comprehensive Plan generally depicts this area for Light Industrial and Public and Open Space. Retaining the existing zoning district classification is consistent with the light industrial designation in the comprehensive plan. Much of the area identified in the vicinity of this block for public and open space has been already developed for other uses, primarily residential. As a result, the comprehensive plan designation of public and open space is no longer appropriate for this area. There was no further old business. VIII. NEW BUSINESS A) Capital Improvements Program (CIP). Request for review by the Planning and Zoning Commission under Section 2.40.030(E) of the Borough Code of a list of recommended Capital Improvements which are necessary or desirable to be constructed during the next five (5) year period (Fiscal Year 1989 through Fiscal Year 1994) . COMMISSIONER HENDEL MOVED TO ACKNOWLEDGE RECEIPT OF NEW BUSINESS ITEM A. The motion was seconded and CARRIED by unanimous voice vote. The consensus of the Commission was that a worksession needed to be scheduled for discussion of this topic. There was no further new business. KIBS226576 Page 26 of 27 P&Z Minutes: August 17, 1988 IX. COMMUNICATIONS F F r OMMISSIONER HENDEL MOVED TO ACKNOWLEDGE RECEIPT of items A through D of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Administrative Interpretation: Appropriate Bumper Guards and Wheel Stops. B) Administrative Interpretation: Fences, Walls, and Hedges in other than Residential Zoning Districts. C) Letter dated July 22, 1988, to Jerome M. Selby from Don W. Collinsworth, Commissioner of the Alaska Department of Fish and Game, re: Tugidak Island Critical Habitat Area. [With attachments: Alaska Statutes (pages 136-137) and a pamphlet "Special Area Permit Regulations"] D) Minutes of the Womens Bay Comprehensive Planning Committee: June 14 and June 28, 1988. There were no further communications. 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. There were no further reports. XI. AUDIENCE COMMENTS ANN MOEN appeared before the Commission and expressed her feelings regarding the Engineering Department. SCOTT ARNDT appeared before the Commission and expressed his feelings regarding the Engineering Department. MIKE RASMUSSEN appeared before the Commission and expressed his feelings regarding the Engineering Department. ANN MOEN reappeared before the Commission and expressed her feelings regarding the Engineering Department. There were no further audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 12:15 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: g to RenneChairman ATTEST (� By: rsn Patricia Miley, ecretary Community Development Department DATE APPROVED: 5Qrtm%,6 7-1 , 141g KIBS226577 A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT Page 27 of 27 P&Z Minutes: August 17, 1988