1988-09-21 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - SEPTEMBER 21, 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 August 17, 1988
V AUDIENCE COMMENTS AND APPEARANCE REQUESTS
VI PUBLIC HEARINGS
A) 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) (Tabled from the August 1988 Regular Meeting)
B) Case 88-051. Request for a variance from Section 17.20.040
(Yards) of the Borough Code to permit a seven and one-half by
nine (7.5 x 9) foot enclosed stairwell addition onto the
existing women's shelter to project three and one-half (3.5)
feet into the required twenty-five (25) foot front yard
setback in a R3--Multifamily Residential Zoning District on
Lots 13 and 14, Block 14, Aleutian Homes Subdivision; 422
Hillside Road. (Kodiak Women's Resource and Crisis Center)
C) Case 88-052. Request for an exception from Section 17.19.020
(Permitted Uses) of the Borough Code to permit a second
single-family residence located on the second floor of a
detached accessory building to be constructed on a lot in a
R2--Two-Family Residential Zoning District. Lot 4, Block 4,
Miller Point First Addition; 245 Lilly Drive. (Larry
Chickering/Ralph R. Collins)
D) Capital Improvemen a 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
1990 through Fiscal Year 1994).
E) Case S-88-026. Request for preliminary plat approval,
subdivision of Lot 15, Woodland Acres Subdivision First
Addition to Lots 15A and 15B. 3598 Sunset Drive (David L.
and Carol A. Binschus)
F) Case S-88-027. Request for preliminary plat approval,
subdivision of Lot 1, Block 5, Miller Point Alaska
Subdivision First Addition to Lots 1A, 1B, 1C, 1D, and 1E.
446 Neva Way (T.C. Enterprises)
G) Case S-88-029. Request for preliminary plat approval for the
vacation of a platted 50-foot-wide roadway and utility
easement from Sawmill Circle through Lots 2 and 3, and
vacation of a 25-foot-wide portion of the roadway and utility
easement across the rear lot line of Lot 31 Block 4, Monashka
Bay Alaska Subdivision. 1548 and 1626 Sawmill Circle (Fred
P. Turcott/James A. Spalinger)
KIBS226579
P & Z Agenda Page 1 of 2 September 21, 1988
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H) Case S-88-030. Request for preliminary plat approval for the
vacation of Lots 1, 2, and 3, Block 36, East Addition and
replat to Lots lA and 3A. 1221, 1223, and 1225 Ismailov
(Samuel C. Gesko, Jr.)
I) Case S-88-031. Request for preliminary plat approval,
subdivision of Lot 4, Block 9, Miller Point Alaska
Subdivision First Addition to Lots 4A and 4B. 809 Mallard
Way (A.J. "Jay" Rasmussen)
VII OLD BUSINESS
A) Case S-88-018. Request for the removal of condition of
approval number two (2) which requires a variance for a
preexisting garage that projects two and one-half (2.5) feet
into the required twenty-five (25) foot front yard setback in
a R2--Two-Family Residential Zoning District. A condition of
the subdivision of Lot 11, Block 1, Miller Point Alaska
Second Addition (4254 Cliffside Road) to Lots 11A and 11B
which received preliminary approval from the Planning and
Zoning Commission at the August 1988 regular meeting.
(Community Development Department)
B) 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) (Tabled from the
August 1988 Regular Meeting)
VIII NEW BUSINESS
IX COMMUNICATIONS
A) Letter dated August 19, 1988, from C. Walter Ebell, re: Case
S-88-019 (with attachments).
B) Womens Bay Comprehensive Planning Committee:
Minutes: August 16, 1988
Proposed Schedule: "Greenbelt Zoning District" Concept
C) August 18, 1988, Homer News article, "City trailer regs leave
homesteaders real perplexed."
D) Letter dated August 31, 1988, to Janet Burleson, DNR, from
Jerome M. Selby, re: Nomination request to identify
potential shellfish and sea vegetable farm areas in coastal
waters of the State.
E) Copy of Ordinance 88-23-0 adopting a local financial
disclosure and conflict of interest law and placing the
question of exemption from the state financial disclosure law
on the ballot.
1•.i7�lli);y
A) Community Development
August 1988
XI AUDIENCE COMMENTS
XII COMMISSIONERS' COMMENTS
XIII ADJOURNMENT
Department Monthly Status Report -
KIBS226580
The public is invited to attend the packet review worksession for these
agenda items to be held in the Kodiak Island Borough Conference Room at
7:30 p.m. the preceding Wednesday.
Minutes for this meeting are available upon request, call the Community
Development Department at 486-5736, extension 256.
P & Z Agenda
Page 2 of 2
September 21, 1988
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - SEPTEMBER 21, 1988
7:30 p.m.
AGENDA ADDITIONS
V AUDIENCE COMMENTS AND APPEARANCE REQUESTS
A) C4sQ S-86-027 Request for a one (1) year extension of the
r. preliminary plat approval for the subdivision of Lot 19, U.S.
Survey 3101. 3540 Spruce Cape Road (St. Mary's Church/Alan
( L. Schmitt)
r
IX COMMUNICATIONS
F) Letter dated September 8, 1988, to Michael W. Anderson from
Linda L. Freed, re: Cases 85-013 and 86-081. Exceptions
that permitted (1) construction of a temporary structure to
aid in a topsoil screening operation; and (2) screened
outdoor storage in a R2--Two-Family Residential Zoning
District on Tract C-1, U.S. Survey 1682; 3472 Rezanof Drive
East.
G) Letter dated September 15, 1988, to Bill Lamoreaux, ADEC,
from Forrest Blau, Womens Bay Community Council Planning
Coordinator, re: Proposed developments on Lots 10 and 12,
Block 1, Russian Creek Alaska Subdivision.
H) Memorandum dated September 16, 1988, to Jerome M. Selby from
Bud Cassidy, Resource Management Officer, re: School site
selection evaluation (with attachment).
KIBS226578
Agenda Additions Page 1 of 1 September 21, 1988
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - SEPTEMBER 21, 1988
F
I. CALL TO ORDER
The Regular Meeting
called to order at
September 21, 1988 in
II. ROLL CALL
Commissioners Present
of the Planning and Zoning Commission was
7:30 p.m. by Chairman Steve Rennell on
the Borough Assembly Chambers.
Steve Rennell, Chairman
Jon Hartt
Robin Heinrichs
Tom Hendel
Mary Lou Knudsen
Scott Thompson
Commissioners Absent:
Mike Anderson, Excused
A quorum was established.
III. APPROVAL OF AGENDA
Others Present:
Linda Freed, Director,
Community Development Department
Duane Dvorak, Associate Planner -
Long Range Planning,
Community Development Department
Patricia Miley, Secretary,
Community Development Department
Ann Moen, Secretary,
Engineering Department
Others Absent:
Dave Crowe, Borough Engineer
Staff reported the following additions to the agenda:
V AUDIENCE COMMENTS AND APPEARANCE REQUESTS
Al Case S-86-027. Request for a one (1) year extension of
r the preliminary plat approval for the subdivision of
Lot 19, U.S. Survey 3101. 3540 Spruce Cape Road (St.
Mary's Church/Alan L. Schmitt)
IX COMMUNICATIONS
F) Letter dated September 8, 1988, to Michael W. Anderson
from Linda L. Freed, re: Cases 85-013 and 86-081.
Exceptions that permitted (1) construction of a
temporary structure to aid in a topsoil screening
operation; and (2) screened outdoor storage in a
R2--Two-Family Residential Zoning District on Tract
C-1, U.S. Survey 1682; 3472 Rezanof Drive East.
G) Letter dated September 15, 1988, to Bill Lamoreaux,
ADEC, from Forrest Blau, Womens Bay Community Council
Planning Coordinator, re: Proposed developments on
Lots 10 and 12, Block 1, Russian Creek Alaska
Subdivision.
H) Memorandum dated September 16, 1988, to Jerome M. Selby
from Bud Cassidy, Resource Management Officer, re:
School site selection evaluation (with attachment).
In reference to Communication Item (G), staff noted that ADEC
Kodiak had hand delivered a "stop work order" for the project on
September 21, 1988.
Staff also noted that Old Business Item B had been withdrawn by
the applicant.
COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda with the
additions and deletions reported by staff. The motion was
seconded and CARRIED by unanimous voice vote.
Page 1 of 14 P&Z Minutes: September 21, 1988
KIBS226581
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER KNUDSEN MOVED TO ACCEPT the minutes of the August
17, 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) Case S-86-027. Request for
a one (1) year extension of
the
preliminary plat approval
for the subdivision of Lot
19,
U.S. Survey 3101. 3540
Spruce Cape Road (St. Mary's
Church/Alan L. Schmitt)
COMMISSIONER KNUDSEN MOVED
TO GRANT a request for a one
(1)
year extension of the
preliminary plat approval
(to
September 20, 1989) for the
subdivision of Lot 19,
U.S.
Survey 3101. The motion
was seconded and CARRIED
by
unanimous voice vote.
There were no further audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) 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) (Tabled from the August 1988 Regular Meeting)
DUANE DVORAK indicated 134 public hearing notices were
mailed for this case for the Commission's September Regular
Meeting, and 8 were returned, 3 in favor and 5 opposing this
request. Staff recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
IAN SCHOLZ appeared before the Commission and expressed
objection to this request.
HOWARD STEWART appeared before the Commission and expressed
support for this request.
THERESA BONNEY appeared before the Commission and expressed
support for this request.
SCOTT BONNEY appeared before the Commission and stated that
he was both for and against this request. Mr. Bonney stated
that he was in favor of having a R1 neighborhood on the
small lots in the area, against the higher density on these
small lots, but that he did not want to impact the R2 uses
already existent on the larger lots in the area. Mr. Bonney
stated that lots of 6,000 square feet are too small for R2
or R3 developments.
IAN SCHOLZ reappeared before the Commission and expressed
opposition to this request. Mr. Scholz noted that he
purchased his property knowing that it was zoned for R3
development, that there was a need to keep the options open
in this area, and that multifamily dwellings were already
present in the area.
THERESA BONNEY reappeared before the Commission and asked if
just the substandard lots could be rezoned to R1.
CHAIRMAN RENNELL noted that it was possible to rezone that
area.
Page 2 of 14 P&Z Minutes: September 21, 1988
KIBS226582
THERESA BONNEY stated that the substandard lots were the
area of concern.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNUDSEN MOVED TO REMOVE CASE 88-045 FROM THE
TABLE. The motion was seconded and CARRIED by unanimous
voice vote.
COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak
Island Borough Assembly approve the rezoning of Block 5,
Leite Addition, including all lots therein, from
" R3--Multifamily Residential to R1--Single-Family Residential
in accordance with Section 17.72 of the Borough Code and to
adopt the findings contained in the staff report dated
September 7, 1988 as "Findings of Fact" for this case. The
motion was seconded.
A discussion ensued among the Commissioners regarding the
pros and cons of rezoning this area. The Commission noted
that there were a lot of good reasons to rezone to R1,
however for those who had bought property in the area
knowing it was zoned R3 there were reasons to leave the
zoning as it is. The Commission also noted that only four
existent lots could be developed as R3 under the present
Zoning Code.
The question was called and the motion FAILED by unanimous
roll call vote. Commissioners Hartt, Heinrichs, Hendel,
Knudsen, Rennell, and Thompson voted "no."
The consensus of the Commission was to defer findings of
fact until the next regular meeting.
B) Case 88-051. Request for a variance from Section 17.20.040
(Yards) of the Borough Code to permit a seven and one-half
by nine (7.5 x 9) foot enclosed stairwell addition onto the
existing women's shelter to project three and one-half (3.5)
feet into the required twenty-five (25) foot front yard
setback in a R3--Multifamily Residential Zoning District on
Lots 13 and 14, Block 14, Aleutian Homes Subdivision; 422
Hillside Road. (Kodiak Women's Resource and Crisis Center)
DUANE DVORAK indicated 45 public hearing notices were mailed
for this case and none were returned. Staff recommended
approval of this request.
COMMISSIONER HEINRICHS requested a determination of
"conflict of interest." CHAIRMAN RENNELL ruled COMMISSIONER
HEINRICHS had no conflict of interest.
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 17.20.040 of the Borough Code to permit a seven
and one-half by nine (7.5 x 9) foot enclosed stairwell
I addition onto the existing women's shelter to project three
and one-half (3.5) feet into the required twenty-five (25)
foot front yard setback in a R3--Multifamily Residential
Zoning District on Lots 13 and 14, Block 14, Aleutian Homes
Subdivision; and to adopt the findings contained in the
staff report dated September 6, 1988, as "Findings of Fact"
for this case. The motion was seconded and CARRIED by
unanimous roll call vote.
KIBS226583
Page 3 of 14 P&Z Minutes: September 21, 1988
FINDINGS OF FACT
1. Exceptional physical circumstances or conditions
applicable to the property or intended use of
developmpnt . urn, nh
The exceptional conditions applicable to the intended
use of this development are related to the mixed use of
the structure for a combination of professional offices
and a women's shelter.
The structure is divided, with the lower or ground
level floor serving as a shelter for victims of
Idomestic violence and sexual assault. The upper floor
contains a library, meeting room, offices and
counseling areas. Due to the inherent conditions that
go with sheltering victims of domestic violence and
sexual assault, there is a greater than normal
requirement for security. By locating both the existing
entrance and the new enclosed stairwell entrance close
together, the security of the overall structure is
enhanced by having only one access point to monitor.
The building was originally designed as a single family
dwelling. The structure, therefore, has certain
limitations that can not be easily overcome without
compromising the utility of the building for its
current purpose. As it is now configured, there is no
other alternative site for the enclosed stairwell that
would not encroach a front or side yard setback to a
greater degree than the proposed location.
2.
Strict application of the zoning ordinances would
result in unnecessary hardship due to the relatively
low magnitude of the request.
The total intersection
of the proposed stairwell and the required front
yard
set back comprises only 22.5 square feet of the total
2500
square foot front yard. Most of the other
dwellings in the Aleutian
Homes Subdivision were
originally constructed with significantly smaller front
yards. Many of these are therefore generally
nonconforming to the zoning code. Also,
quite a few of
the above mentioned dwellings have been approved for
enclosed arctic entries, mud rooms, and covered decks
which project much farther into
the required front yard
setback and which intersect with a much
greater
percentage of the available yard.
Alternative locations for the enclosed stairwell that
would
not require a variance are not feasible and would
result in practical difficulties
which would diminish
the utility of the existing structure.
3. The arantinn of f> .._______
Page 4 of 14
c ucL11IER:llldl to thePublic's health
safety and welfare
The enclosed stairwell, if allowed by variance will not
result in material damage or prejudice to other
surrounding properties. As previously mentioned, the
Aleutian Homes Subdivision is known for its small front
yards and nonconforming lots. This has not deterred
people from asking for, nor receiving, variances in
order to build arctic entries, mud rooms and covered
decks that project into the generally smaller front
yards to a much greater degree. Due to the relatively
P&Z Minutes: September 21, 1988
KIBS226584
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4.
5.
0
small margin of intersection with the required front
yard area, less than nine tenths of one percent, the
proposed action should not be detrimental to the
public's health, safety and welfare.
The location of the proposed action is at the edge of
the area designated for Medium Density Residential
Development. This area serves as a transition zone
between Medium Density and the High Density Residential
areas. Continued use of this area for a High Density
Residential purpose is substantially consistent with
the Comprehensive Plan and it is contiguous with the
adjoining area designated for that purpose.
The applicant has not caused any special conditions nor
suffered any financial hardship with regard to this
request. The applicant will take no action concerning
this proposal until the variance request has been
decided.
That the granting of the variance will not permit a
Prohibited land use in the district involved
The granting of this variance will not permit a
Prohibited land use in the R3--Multifamily Residential
Zone.
C) Case 88-052. Request for an exception from Section
17.19.020 (Permitted Uses) of the Borough Code to permit a
second single-family residence located on the second floor
of a detached accessory building to be constructed on a lot
in a R2--Two-Family Residential Zoning District. Lot 4,
Block 4, Miller Point First Addition; 245 Lilly Drive.
(Larry Chickering/Ralph R. Collins)
DUANE DVORAK indicated 42 public hearing notices were mailed
for this case and 1 was returned, stating non -objection to
this request. Staff recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
LARRY CHICKERING appeared before the Commission and
expressed support for this request and voiced his objection
to staff's conditions of approval numbered two and four.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT a request for an
exception from Section 17.19.020 of the Borough Code to
permit a second single-family residence located on the
second floor of a detached accessory building to be
constructed on a lot in a R2--Two-Family Residential Zoning
District, Lot 4D, Block 4, Miller Point First Addition;
subject to conditions of approval 1, 31 4 with the following
addition at the end "or the lot is subdivided", and 5
outlined in the staff report dated September 7, 1988, and to
adopt the findings contained in the staff report dated
September 7, 1988, as "Findings of Fact" for this case. The
motion was seconded and CARRIED by unanimous roll call vote.
Page 5 of 14
KIBS226585
P&Z Minutes: September 21, 1988
CONDITIONS OF APPROVAL
Zoning Compliance for the project will be issued only
when the subdivision of Lot 4, Block 4, Miller Point
Alaska First Addition, creating Lot 4D, has been
recorded.
2. Deleted.
3. The building containing the second single-family
dwelling shall meet the required setbacks for a main
dwelling.
4. Neither of the two single-family residences can be
converted to a two-family dwelling in the future unless
the zoning of the lot permits multifamily dwelling
units or the lot is subdivided.
5. Upon approval of the exception, the "accessory"
building will be redefined as a dwelling unit and not
subject to maximum lot coverage requirements for
accessory buildings.
FINDINGS OF FACT
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. Not endanger the Publicfs health safety or general
welfare.
The proposed use does not appear to endanger the
public's health, safety or general welfare because the
second dwelling unit will not increase the permitted
density of the lot provided neither dwelling unit is
converted to a duplex in the future. The
R2--Two-Family Residential Zoning District does permit
two-family dwellings (duplexes) and the potential use
characteristics (e.g., parking, number of residents,
utility demands, etc.) of two separate detached
single-family residences are not substantially
different from those of a two-family dwelling unit.
B. Not be inconsistent with the general purposes and
intent of this title
The proposed use will be consistent with the general
purposes and intent of Title 17 and with the specific
description and intent of Chapter 17.19, the
R2--Two-Family Residential Zoning District, because it
will not generate other than normal vehicular traffic
on nearby streets, and will not create requirements or
costs for public services that cannot be systematically
and adequately provided.
C. Not adversely impact other properties or uses in the
neighborhood
The proposed use should not adversely impact other
properties in the neighborhood because the structure
containing the second dwelling unit must meet all UBC
requirements for a dwelling unit and it will also meet
the same setbacks required for a main dwelling if the
recommended conditions are approved. As noted earlier,
the potential use characteristics will not be
substantially different from those of a duplex which is
a permitted use in this zoning district.
Page 6 of 14 P&Z Minutes: September 21, 1988
D) 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 1990 through Fiscal Year 1994).
LINDA FREED indicated no public hearing notices were mailed
for this case and that the case was advertised in the local
newspaper. Ms. Freed also noted that information from the
Kodiak Island Borough School District and the Borough's
Resource Management Officer had been received regarding a
possible school site in the Monashka Bay area. Ms. Freed
also noted a letter received from Bayside Volunteer Fire
Department's Chief regarding Fire District #11s requests for
capital improvements.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
A discussion ensued among the Commissioners, with input from
Community Development Department staff, regarding the
Commission's recommendations.
COMMISSIONER HENDEL MOVED TO RECOMMEND that the Kodiak
Island Borough Assembly incorporate the following
prioritized projects into the Borough's adopted CIP list for
FY90 through FY94:
1. Public water system filtration plant A&E
2. Local waterfront development, including the breakwater
and needed pier extensions
3. Hospital
4. Mill Bay Road reconstruction and Rezanof Drive upgrade
5. Pillar Creek hatchery
6. Solid waste disposal site - continuing upgrade
7. Monashka Bay and Womens Bay water and sewer system
feasibility studies
8. Chiniak Road repair - Kalsin Hill reconstruction and
erosion control; relocation
9. State airport upgrade and expansion
10. Bayside Fire Department firehall expansion and phase I
areawide training facility
The motion was seconded and CARRIED by unanimous voice vote.
E) Case S-88-026 Request for preliminary plat approval,
subdivision of Lot 15, Woodland Acres Subdivision
First
Addition to Lots 15A and 15B. 3598 Sunset Drive (David
and Carol A. Binschus)
L.
ANN MOEN noted a new memorandum (dated September 21,
1988)
containing an additional condition of approval had
been
distributed prior to the opening of the meeting. Ms.
Moen
also indicated 33 public hearing notices were mailed
for
this case and 1 was returned, stating non -objection to
this
request. Staff recommended approval of this request.
Page 7 of 14
P&Z Minutes: September 21, 1988
KIBS226587
Regular Session Closed.
Public Hearing Opened:
JOHN PARKER appeared before the Commission and expressed
support for this request and support for the inclusion of
condition of approval number 4, "complete installation of
water and sewer service to the residence on Lot 15A, with
inspection and approval of the installation, prior to
submitting the final plat for approval."
CRAIG JOHNSON, representing Mr. and Ms. Binschus, appeared
before the Commission and expressed support for this
request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT a request for
preliminary plat approval, subdivision of Lot 15, Woodland
Acres Subdivision First Addition to Lots 15A and 15B,
subject to the conditions of approval outlined in the
memorandums from the Borough Engineer dated September 14 and
21, 1988, amending condition number 1 to exclude the
"ten -foot -wide electrical easement in Lot 15B adjacent to
the common lot line between Lots 15B and 14, as requested by
KEA." The motion was seconded and CARRIED by unanimous roll
call vote.
CONDITIONS OF APPROVAL
1.
Show a five -foot -wide electrical easement adjacent
to
the Sunset Drive right-of-way as requested by KEA.
2.
Submit a driveway plan and a drainage plan to
the
Borough Engineer for approval prior to submitting
the
final plat for approval.
r
3.
Place the following note on the final plat:
required front yard setback for Lot 15B shall
"The
be
calculated from the rear lot line of Lot 15A.11
4.
Complete installation of water and sewer service to
the
residence on Lot 15A, with inspection and approval
of
the installation, prior to submitting the final plat
for approval.
COMMISSIONER HEINRICHS MOVED TO ADOPT the following finding
of fact: "This subdivision meets the requirements of Title
16." The motion was seconded and CARRIED by unanimous voice
vote.
The Commission requested that findings of fact supporting
the Engineering Department's recommendation be presented
along with the staff's report in the future.
F) Case 5-88-027. Request for preliminary plat approval,
subdivision of Lot 1, Block 51 Miller Point Alaska
Subdivision First Addition to Lots 1A, 1B, 1C, 1D, and 1E.
446 Neva Way (T.C. Enterprises)
ANN MOEN indicated 48 public hearing notices were mailed for
this case and none were returned. Staff recommended
approval of this request.
Regular Session Closed.
Public Hearing Opened:
KEVIN ARNDT, representing T.C. Enterprises, appeared before
the Commission and expressed support for this request along
with opposition to condition number one as stated in the
Engineering Department's report, "Submit a drainage plan for
Page 8 of 14
P&Z Minutes: September 21, 1988
KIBS226588
the entire subdivision for review and approval by the
Borough Engineer prior to submitting the final plat."
A discussion ensued among the Commissioners, with input from
Community Development Department staff, and Engineering
Department staff regarding the wording of condition number 1
and KEA's easement requests.
Public Hearing Closed.
Regular Session Opened.
ANN MOEN requested that the Commission include the following
as a condition of approval, "A note be placed on the final
plat stating 'the front yard setback for Lots 1C and 1E
shall be measured from the rear lot line of Lot 1D.11'
A discussion ensued among the Commissioners regarding KEA's
requested easements. The consensus of the Commission was
that the Engineering Department request KEA to provide a
statement as to why the easement is required when KEA
requests an easement be placed on a final plat.
COMMISSIONER THOMPSON MOVED TO GRANT a request for
preliminary plat approval, subdivision of Lot 1, Block 5,
Miller Point Alaska Subdivision First Addition to Lots 1A,
1B, 1C, 1D, and lE, subject to the following conditions of
approval:
CONDITIONS OF APPROVAL
1. A note be placed on the final plat stating: "Natural
drainage courses shall not be blocked or impeded."
2. Deleted.
3. Provide a 15-foot-wide electrical easement adjacent to
the common lot line between Lots 1A, 1C, IE, and Lot 2
as requested by KEA.
I► 4. Deleted.
5. Deleted.
6. A note be placed on the final plat stating: "The front
yard setback for Lots 1C and lE shall be measured from
the rear lot line of Lot 1D."
The motion died for the lack of a second.
COMMISSIONER HEINRI HS MOVED TO GRANT a request for
preliminary plat approval, subdivision of Lot 1, Block 5,
Miller Point Alaska Subdivision First Addition to Lots 1A,
1B, 1C, 1D, and 1E, subject to the following conditions of
approval:
CONDITIONS OF APPROVAL
1. Submit a drainage plan for the entire subdivision for
review and approval by the Borough Engineer prior to
submitting the final plat.
2. Submit driveway permits approved by the Alaska
Department of Transportation and Public Facilities for
each lot prior to submitting the final plat.
3. Provide a five -foot -wide electrical easement adjacent
to the Neva Way right-of-way as requested by KEA.
4. Show, on the final plat, right-of-way widths for both
Neva Way and Balika Lane, and show with dashed lines
the relationship of Lot 1 with its adjacent lots.
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KIBS226589
5. A note be placed on the final plat stating: "The front
yard setback for Lots 1C and 1E shall be measured from
the rear lot line of Lot 1D.11
The motion was seconded and CARRIED by unanimous roll call
vote.
G) Case S-88-029 Request for preliminary plat approval for
the vacation of a platted 50-foot-wide roadway and utility
easement from Sawmill Circle through Lots 2 and 3, and
vacation of a 25-foot-wide portion of the roadway and
utility easement across the rear lot line of Lot 3, Block 4,
Monashka Bay Alaska Subdivision. 1548 and 1626 Sawmill
Circle (Fred P. Turcott/James A. Spalinger)
CHAIRMAN RENNELL requested a determination of "conflict of
interest." The consensus of the Commission was that
CHAIRMAN RENNELL had a conflict of interest.
CHAIRMAN RENNELL passed the gavel to COMMISSIONER HEINRICHS.
ANN MOEN indicated 42 public hearing notices were mailed for
this case and 2 were returned, in favor of this request.
Staff recommended denial of this request.
LINDA FREED noted that it was illegal for the Commission to
grant this request and that this case could be tabled only
with the consent of the applicants.
Regular Session Closed.
Public Hearing Opened:
FRED TURCOTT appeared before the Commission and expressed
support for tabling this request to allow time to negotiate
with the Borough Assembly for another easement to Lot 19B.
Mr. Turcott stated that he consented to the tabling of this
case.
AL SPALINGER appeared before the Commission and expressed
support for this request. Mr. Spalinger stated that he
consented to the tabling of this case.
STEVE RENNELL appeared before the Commission and expressed
opposition to the tabling of this case.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER THOMPSON MOVED TO TABLE Case S-88-029 for six
(6) months with another public hearing to be held at that
time. The motion was seconded and CARRIED by unanimous roll
call vote.
The Commission requested that the minutes state that "no
objection to the tabling of this request was voiced by the
applicants."
H) Case S-88-030 Request for
preliminary plat
approval for
the vacation of Lots 1, 2, and 3, Block 36,
East Addition
and replat to Lots lA and 3A.
1221, 1223, and
1225 Ismailov
(Samuel C. Gesko, Jr.)
ANN MOEN indicated 52 public
this case and none were
hearing notices were mailed for
returned. Staff recommended
approval of this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
yjBS226590
Page 10 of 14 P&Z Minutes: September 21, 1988
Regular Session Opened.
a request for
preliminary plat approval for the vacation of Lots 1, 21 and
3, Block 36, East Addition and replat to Lots lA and 3A,
subject to the conditions of approval outlined in the
memorandum from the Borough Engineer dated September 14,
1988. The motion was seconded and CARRIED by unanimous roll
call vote.
CONDITIONS OF
APPROVAL
(�
1. That the
adjacent
eight -foot -wide aerial
to the alley be shown on
electrical easement
the final plat.
2. That the
title block be corrected
to show that this is
a Vacation of Lots 1 2 and 3 Block 36... and Re lat
to Lots lA and 3A (rather than
a "resubdivision").
2) Case S-88-031 Request for preliminary plat approval,
subdivision of Lot 4, Block 9, Miller Point Alaska
Subdivision First Addition to Lots 4A and 4B. 809 Mallard
Way (A.J. "Jay" Rasmussen)
ANN MOEN indicated 25 public hearing notices were mailed for
this case and 1 was returned, in favor of this request.
Staff recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
- ,� _... ry ucuvr a request for
preliminary plat approval, subdivision of Lot 4, Block 9,
Miller Point Alaska Subdivision First Addition to Lots 4A
and 4B, subject to the conditions outlined in the memorandum
from the Borough Engineer dated September 14, 1988. The
motion was seconded and CARRIED by unanimous roll call vote.
CONDITIONS OF APPROVAL
1. Change the road name along the easterly portion of the
property from Lilly Drive to Mallard Way on both the
plat itself and on the Vicinity Map portion of the
plat; and change the road name and the road
configuration on the Vicinity Map adjacent to the
southerly lot line of Lot 2 (now Lot 2A), Block 6,
Miller Point Alaska Subdivision, to Mallard Circle, a
cul-de-sac created by Plat No. 87-21.
2. Provide a ten -foot -wide electrical easement on the
westerly side of Lot 4A adjacent to Lot 3; and provide
an overhead electrical easement adjacent to the Mallard
Way right-of-way, extending from ten feet west of KEA's
existing line to the right-of-way, as requested by KEA,
Inc.
VI2. OLD BUSINESS
j A) Case 5-88-018 Request for the removal of condition of
I approval number two (2) which requires a variance for a
preexisting garage that projects two and one-half (2.5) feet
into the required twenty-five (25) foot front yard setback
in a R2--Two-Family Residential Zoning District. A
condition of the subdivision of Lot 11, Block 1, Miller
Point Alaska Second Addition (4254 Cliffside Road) to Lots
11A and 11B which received preliminary approval from the
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KIBS226591
Planning and Zoning Commission at the August 1988 regular
meeting. (Community Development Department)
COMMISSIONER HENDEL MOVED TO GRANT a request for the removal
of Case 5-88-018's condition of approval number two (2)
which requires a variance for a preexisting garage that
projects two and one-half (2.5) feet into the required
twenty-five (25) foot front yard setback in a R2--Two-Family
Residential Zoning District. The motion was seconded and
CARRIED by unanimous voice vote.
B) 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) (Tabled from
the August 1988 Regular Meeting)
As reported earlier, the applicant withdrew this request.
There was no further old business.
VIII. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
COMMISSIONER HARTT MOVED TO ACKNOWLEDGE RECEIPT of items A
through H of communications. The motion was seconded and CARRIED
by unanimous voice vote.
A) Letter dated August 19, 1988, from C. Walter Ebell, re:
Case S-88-019 (with attachments).
B) Womens Bay Comprehensive Planning Committee:
Minutes: August 16, 1988
Proposed Schedule: "Greenbelt Zoning District"
Concept
C) August 18, 1988, Homer News article, "City trailer regs
leave homesteaders real perplexed."
D) Letter dated August 31, 1988, to Janet Burleson, DNR, from
Jerome M. Selby, re: Nomination request to identify
potential shellfish and sea vegetable farm areas in coastal
waters of the State.
E) Copy of Ordinance 88-23-0 adopting a local financial
disclosure and conflict of interest law and placing the
question of exemption from the state financial disclosure
law on the ballot.
F) Letter dated September 8, 1988, to Michael W. Anderson from
Linda L. Freed, re: Cases 85-013 and 86-081. Exceptions
that permitted (1) construction of a temporary structure to
aid in a topsoil screening operation; and (2) screened
outdoor storage in a R2--Two-Family Residential Zoning
District on Tract C-1, U.S. Survey 1682; 3472 Rezanof Drive
East.
G) Letter dated September 15, 1988, to Bill Lamoreaux, ADEC,
r from Forrest Blau, Womens Bay Community Council Planning
I Coordinator, re: Proposed developments on Lots 10 and 12,
Block 1, Russian Creek Alaska Subdivision.
H) Memorandum dated September 16, 1988, to Jerome M. Selby from
Bud Cassidy, Resource Management Officer, re: School site
selection evaluation (with attachment).
There were no further communications.
KIBS226592
Page 12 of 14 P&Z Minutes: September 21, 1988
X. REPORTS
COMMISSIONER HARTT 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.
LINDA FREED reported the following:
Case S-88-021. The applicant, Fritz Bruenhoff, requested
that the Commission inspect the line of sight improvements
that had been made so that he could file the final plat.
The consensus of the Commission was that Mr. Bruenhoff
needed to await the Borough Engineer's return.
One of the tapes from last month's meeting had been copied
so many times that the original tape became entangled in the
recorder and had to be sent to the repair shop for removal.
It appears that there will be three vacant seats on the
Commission by the end of December.
There will be a public hearing on Wednesday, September 28,
1988, at 7:00 p.m. in the Junior High School Commons on the
draft legislative environmental impact statement on a
proposal to acquire approximately 891,000 acres of
inholdings on national wildlife refuges in Alaska. The
consensus of the Commission was to attend this meeting in
lieu of their regularly scheduled worksession.
On April 15, 1987, the Commission granted an exception that
permitted a second single-family dwelling to be constructed
on one lot above a permitted detached accessory building in
a R2--Two-Family Residential Zoning District and clarified
the use of the accessory building for a home occupation (Lot
4A-3, Block 1, Shahafka Acres). The applicant failed to
utilize this exception within one year, and therefore strict
adherence to the Borough Code causes the exception to be
cancelled. Ms. Freed requested the Commission's direction
as the applicant did not realize that the exception would be
cancelled if not used in the one year timeframe. The
consensus of the Commission was that the applicant needed to
reapply for an exception.
There were no further reports.
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
COMMISSIONER HEINRICHS MOVED TO ADOPT the following findings of
fact for Case S-88-018:
1. Upon further consideration, staff now acknowledges that this
condition will result in the formal approval of a situation
that has already been tacitly approved by the Commission.
To require this variance after the Commission's prior
approval of the subdivision, will only create an unnecessary
expense for the property owner and require further time and
energy of both staff and the Commission.
2. Because the Commission did not require that this permanent
structure be relocated in order for the preliminary plat to
be approved, it seems apparent that the Commission would
likewise not have a problem with granting a variance for the
structure. However, rather than requiring the property
owner to obtain a variance, it may be to the Borough's
advantage to leave this to the property owners discretion.
If the encroachment is approved by variance then the
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gIBS226593
encroachment may persist beyond the life expectancy of the
structure in question. If the encroachment is not approved
by variance and the garage ever becomes more than fifty (50)
percent unusable then it will have to be relocated to a
lawful position before it can be reconstructed.
The motion was seconded and CARRIED by unanimous voice vote.
COMMISSIONER HEINRICHS MOVED TO ADOPT the following finding of
fact for all the subdivision cases: "The subdivisions meet the
conditions of Title 16." The motion was seconded and CARRIED by
unanimous voice vote.
XIII. ADJOURNMENT
CHAIRMAN RENNELL adjourned the meeting at 10:15 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
Steve Ren 1, Chairman
ATTEST
By: I '" t"
Patricia Mile Secretary
Community Dev lopment Department
DATE APPROVED: OCTDN" 14 , l4 8 e
A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
KIBS226594
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