Loading...
1988-10-19 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - OCTOBER 19, 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 September 21, 1988 V AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) Request for Planning and Zoning Commission determination of whether: 1. Section 17.21.050(C) (Performance Standards) of the Borough Code and/or 2. Section 17.57.040(C)(Parking Area Development Standards) are applicable. Section 17.21.050(C) requires that businesses shall provide and maintain screening as approved by the Planning and Zoning Commission. Section 17.57.040(C) requires that parking areas serving commercial, industrial, or institutional uses that adjoin the side of a residentially zoned lot shall be separated from the side of the residential zoned lot by a fence or hedge not less than four nor more than six feet in height; and that the fence or hedge shall extend along the entire boundary of the parking area adjoining the side of the residentially zoned lots, except that it shall not extend along any part of that boundary adjoining the front yard of the residentially zoned lot. Between Tracts D-1 and D-2, U.S. Survey 3218; 3215 and 3241 Mill Bay Road. (Robin and Diana Reed) B) CASE 87-051. Request for a two (2) year extension of an exception from Section 17.19.020 (Permitted Uses) of the Borough Code which permits the utilization a lot in the R2--Two-Family Residential Zoning District for fenced and screened outdoor storage for use by the property owners in the same block. Lot 8, Block 1, Lakeside Subdivision 1st Addition; 2388 Beaver Lake Loop Road. (Kodiak Island Housing Authority) VI PUBLIC HEARINGS A) Case 88-053. Request for a variance from Section 17.54.010 C (Height --Extension onto Public Property) of the Borough Code to permit a four (4) foot fence to project eight (8) feet into the Thorsheim Street right-of-way in a R1--Single-Family llf Residential Zoning District. Lot 28, Block 1, Aleutian Homes Subdivision; 515 Thorsheim Street. (Brett Randolph) B) Case 88-054. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a second single-family dwelling located on the second floor of a detached accessory building to be constructed on one lot in a R2--Two-Family Residential Zoning District. Lot 46, Block 12, Aleutian Homes Subdivision; 721 Lower Mill Bay Road. (Robert Gray) KIBS226596 P & Z Agenda Page 1 of 3 October 19, 1988 C) Case 88-055. Request for a variance from Section 17.54.010 A and C of the Borough Code to permit a six (6) foot fence with a solid vertical surface to locate in the front yard and to project one and a half (1.5) feet into the Cliffside Road right-of-way in a R2--Two-Family Residential Zoning District. Lot 6A, Block 1, Miller Point Alaska Subdivision Second Addition; 4022 Cliffside Road. (Scott and Lisa Thompson) D) Case 88-056. Request for a variance from Section 17.18.050 (Yards) and Section 17.51.050 (Area) of the Borough Code to permit a twenty-eight by twenty-four (28 x 24) foot detached garage that encroaches eleven and a half (11.5) feet into the required twenty-one and a half (21.5) foot front yard setback and which exceeds the ten (10) percent maximum area of six hundred fifty-one and a half (651.5) square feet by twenty and a half (20.5) square feet in a R1--Single-Family Residential Zoning District. Lot 1, Block 4, Aleutian Homes Subdivision; 315 Birch Street. (Robert Foster) E) Case 88-057. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a second single-family dwelling located on the second floor of a detached accessory building to be constructed on one lot in a R2--Two-Family Residential Zoning District. Lot 4A-3, Block 1, Shahafka Acres Alaska Subdivision; 445 Shahafka Circle. (Maryjane Rogers) (A similar exception request, Case 87-014, was previously approved by the Planning and Zoning Commission on April 15, 1987.) F) Case 88-058. Request for an exception from Section 17.52.060 (Main Building) of the Borough Code to allow the construction of an agricultural building on a lot that does not contain a main building used as a residence in a RR1--Rural Residential One Zoning District. Lot 7, Block 2, Russian Creek Alaska Subdivision; 811 Willow Circle. (F. James Koch) (The owner's residence is located on adjacent Lot 6, Block 2, Russian Creek Alaska Subdivision.) G) Case S-88-033. Request for preliminary approval of the subdivision of Lot 7, Block 1, Miller Point Alaska Subdivision First Addition to Lots 7A and 7B. 595 Lilly Drive (Shawn Andrew) H) Case 5-88-034. Request for preliminary approval of the subdivision of Lot 3, Block 2, Woodland Acres Subdivision Second Addition to Lots 3A and 3B. 3680 Woodland Drive (Peter R. Van Rossen) I) Case 5-88-035. Request for preliminary approval of the vacation of Lots 1, 2, 3, 4, 5, and 6, Block 14, Aleutian Homes Inc. Subdivision and replat to Lots lA and 6A. 415, 417, 419, 421, 423, and 425 Thorsheim (St. James Episcopal Mission) J) Case S-88-036. Request for preliminary approval of the subdivison of Lot 1B, Holland Acres Subdivision First Addition to Lots 1B-1 and 1B-2. 2975 Mill Bay Road (William R. Berkenbile) VII OLD BUSINESS A) Case 88-045. Findings of Fact for the 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) (Not Approved for recommendation to the Kodiak Island Borough Assembly at the September 21, 1988 Regular Meeting) B) Permitted Uses in the B--Business Zoning District. This item is similar to that discussed by the Planning and Zoning P & Z Agenda Page 2 of 3 October 19, 1988 KIBS226597 Commission at the June 15, 1988 Regular Meeting. The item is specifically related to the permitted use of apartments, hotels, and motels in the B--Business Zoning District when no public sewer and water is available. (Referred to the Commission by the Kodiak Island Borough Assembly) VIII NEW BUSINESS A) Proposed revisions to the Planning and Zoning Commission By -Laws B) Areawide Drainage Plan IX COMMUNICATIONS 1 I A) Womens Bay Comprehensive Planning Committee: August 30, 1988 Minutes (with attachment) September 13, 1988 Minutes (with attachment) B) Memorandum dated September 22, 1988, from Daniel P. Millard to Ann Moen, re: Requests made by the Planning and Zoning Commission to the Engineering Department at the Commission's September 21, 1988 Regular Meeting. C) Article from the September 23, 1988, Homer Weekly News, entitled: "City assumes permit authority." D) Memorandum dated September 28, 1988, to the Planning and Zoning Commission from Daniel P. Millard, Construction Inspector, Kodiak Island Borough Engineering Department, re: Case No. S-88-021, Vacation of Lots 21 and 22, Block 7, Monashka Bay Alaska Subdivision and replat to Lots 21A, 22A, and 22B. (Fritz Bruenhoff) (with attachments) E) Letter dated September 29, 1988, to the Kodiak Island Borough Assembly from Barbara Monkiewicz, re: Multifamily r Residential Development on Lots 10 and 12, Block 1, Russian tj Creek Alaska Subdivision. F) Letter dated September 14, 1988, to the Borough Mayor from Michael.W. Anderson, re: Resignation from the Kodiak Island Borough Planning and Zoning Commission. G) Article for the October 5, 1988 Borough Newspage, re: Zoning Enforcement. H) Letter dated September 30, 1988, to Sara Hunt, OMB-DGC State of Alaska, from Linda L. Freed, re: Kodiak Island Borough Coastal Management Program - FY88 Annual Report (with report). X REPORTS A) Community Development Department Monthly Status Report - September 1988 XI AUDIENCE COMMENTS XII COMMISSIONERS' COMMENTS XIII ADJOURNMENT The public is invited to attend the packet review worksession for these agenda items to be held in the Kodiak Island Borough Conference Room at 7:30 p.m. the preceding Wednesday. Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. KIBS226598 P & Z Agenda Page 3 of 3 October 19, 1988 F KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - OCTOBER 19, 1988 7:30 p.m. AGENDA ADDITIONS IX COMMUNICATIONS I) Letter dated September 28, 1988, to Ernest M. Thompson, KEA, from Ann M. Moen, Kodiak Island Borough Engineering Department, re: Case No. S-88-027 Subdivision of Lot 1, Block 5, Miller Point First Addition. J) Memo dated October 10, 1988, to Dave Crowe, Borough Engineer, from Linda Freed, Director, Community Development Department, re: Review Agencies for Plats; and memo dated October 11, 1988, to Linda Freed from Dave Crowe, re: Review Agencies for Plats. K) Letter dated October 10, 1988, to Ed Kozak, KEA, from Linda Freed, re: Case S-87-036 Subdivision of Lot 4, Block 4, Miller Point Alaska Subdivision First Addition (with attachment). Letter dated October 12, 1988, from Ed Kozak, KEA, to Linda Freed (in response to the letter above), with attachments. L) Letter dated October 11, 1988, to Reed Oswalt, President of Timberline, Inc., from Linda Freed, re: Timber in Chiniak. M) Womens Bay Comprehensive Planning Committee: September 27, 1988 Minutes (with attachments) Meeting Notice - Tuesday, October 25 - 7 p.m. N) Letter dated October 13, 1988, to Sven Haakanson, Mayor, City of Old Harbor, from Duane Dvorak, Community Development Department, re: Old Harbor Comprehensive Plan (with attachment). 0) Letter dated October 17, 1988, from Melvin M. Stephens, to Linda Freed, re: Enforcement of plat notations designating access easement. P) Letter dated October 13, 1988, to David Hoffman, DCRA, from Jerome Selby, re: Kodiak Island Borough Annexation Petition (with attachments). KIBS226595 Agenda Additions Page 1 of 1 October 19, 1988 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - OCTOBER 19, 1988 I. CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:32 p.m. by Chairman Steve Rennell on October 19, 1988 in the Borough Assembly Chambers. r II. ROLL CALL I Commissioners Present: Others Present: Steve Rennell, Chairman Linda Freed, Director Jon Hartt Community Development Dept. Robin Heinrichs Duane Dvorak, Associate Tom Hendel Planner - Long Range Planning, Mary Lou Knudsen Community Development Dept. Patricia Miley, Secretary Community Development Dept. Ann Moen, Secretary Engineering Department Commissioners Absent: Others Absent: Scott Thompson, Excused Dave Crowe, Borough Engineer A quorum was established. III. APPROVAL OF AGENDA Staff reported the following additions to the agenda: IX COMMUNICATIONS r I) Letter dated September 28, 1988, to Ernest M. Thompson, I KEA, from Ann M. Moen, Kodiak Island Borough Engineering Department, re: Case No. 5-88-027 Subdivision of Lot 1, Block 5, Miller Point First Addition. J) Memo dated October 10, 1988, to Dave Crowe, Borough Engineer, from Linda Freed, Director, Community Development Department, re: Review Agencies for Plats; and memo dated October 11, 1988, to Linda Freed from Dave Crowe, re: Review Agencies for Plats. K) Letter dated October 10, 1988, to Ed Kozak, KEA, from Linda Freed, re: Case S-87-036 Subdivision of Lot 4, Block 4, Miller Point Alaska Subdivision First Addition (with attachment). Letter dated October 12, 1988, from Ed Kozak, KEA, to Linda Freed (in response to the letter above), with attachments. L) Letter dated October 11, 1988, to Reed Oswalt, President of Timberline, Inc., from Linda Freed, re: Timber in Chiniak. M) Womens Bay Comprehensive Planning Committee: September 27, 1988 Minutes (with attachments) Meeting Notice - Tuesday, October 25 - 7 p.m. N) Letter dated October 13, 1988, to Sven Haakanson, Mayor, City of Old Harbor, from Duane Dvorak, Community Page 1 of 22 P&Z Minutes: October 19, 1988 KIBS226599 Development Department, re: Old Harbor Comprehensive Plan (with attachment). 0) Letter dated October 17, 1988, from Melvin M. Stephens, to Linda Freed, re: Enforcement of plat notations designating access easement. P) Letter dated October 13, 1988, to David Hoffman, DCRA, from Jerome Selby, re: Kodiak Island Borough Annexation Petition (with attachments). COMMISSIONER KNUDSEN MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the September 21, 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 Audience Comments: DIANA REED appeared before the Commission and stated her position as property owner of Tract D-2, U.S. Survey 3218, that the Commission should require a fence to be provided by the owner of business lot Tract D-1, between Tracts D-1 and D-2, U.S. Survey 3218 [appearance request (A)]. Appearance Requests: A) Request for Planning and Zoning Commission determination of whether: 1. Section 17.21.050(C) (Performance Standards) of the Borough Code and/or 2. Section 17.57.040(C)(Parking Area Development Standards) are applicable. Section 17.21.050(C) requires that businesses shall provide and maintain screening as approved by the Planning and Zoning Commission. Section 17.57.040(C) requires that parking areas serving commercial, industrial, or institutional uses that adjoin the side of a residentially zoned lot shall be separated from the side of the residential zoned lot by a fence or hedge not less than four nor more than six feet in height; and that the fence or hedge shall extend along the entire boundary of the parking area adjoining the side of the residentially zoned lots, except that it shall not extend along any part of that boundary adjoining the front yard of the residentially zoned lot. Between Tracts D-1 and D-2, U.S. Survey 3218; 3215 and 3241 Mill Bay Road. (Robin and Diana Reed) COMMISSIONER HEINRICHS MOVED TO DETERMINE 17.57.040(C) of the Borough Code does not apply that Section as there is no business parking located adjacent to the lot line between Tracts D-1 and D-2, U.S. Survey 3218. The motion was seconded and FAILED by majority roll call vote. Commissioners Hendel and Rennell voted "no." COMMISSIONER HEINRICHS MOVED TO DETERMINE that Tract D-1, U.S. Survey 3218, shall provide and maintain screening as Page 2 of 22 P&Z Minutes: October 19, 1988 KIBS226600 required by Section 17.21.050(C) of the Borough Code, where Tract D-1 is adjacent to Tract D-2, U.S. Survey 3218. Plans for this screening are to be submitted to the Commission for review by January 15, 1989. The Commission also adopts the following findings of fact in support of this decision: FINDINGS OF FACT 1. Zoning compliance enforcement is currently administered on a "complaint" basis. A complaint has been filed by the owner of Tract D-2, U.S. Survey 3218. 2. There is no evidence in the record of a waiver of this requirement. 3. The Borough Code requires the screening to be provided and maintained by the business. The motion was seconded and CARRIED by unanimous roll call vote. LINDA FREED asked the Commission how they wanted their decisions applied. A discussion ensued among the Commissioners, Diana Reed, and Community Development Department staff regarding the effect of their voting. The consensus of the Commission was to reconsider their first motion. COMMISSIONER HENDEL MOVED RECONSIDER THE MOTION TO DETERMINE that Section 17.57.040(C) of the Borough Code does not apply as there is no business parking located adjacent to the lot line between Tracts D-1 and D-2, U.S. Survey 3218. The motion was seconded and CARRIED by unanimous roll call vote. The motion CARRIED by majority roll call vote. Commissioner Rennell voted "no." B) CASE 87-051. Request for a two (2) year extension of an exception from Section 17.19.020 (Permitted Uses) of the Borough Code which permits the utilization of a lot in the R2--Two-Family Residential Zoning District for fenced and screened outdoor storage for use by the property owners in the same block. Lot 8, Block 1, Lakeside Subdivision 1st Addition; 2388 Beaver Lake Loop Road. (Kodiak Island Housing Authority) COMMISSIONER HENDEL MOVED TO GRANT a request for a two (2) year extension of an exception from Section 17.19.020 of the Borough Code which permits the utilization of a lot in the R2--Two-Family Residential Zoning District for fenced and screened outdoor storage for use by the property owners in the same block, and to reaffirm the conditions of approval and the findings of fact contained in the staff report dated October 5, 1987. Lot 8, Block 1, Lakeside Subdivision 1st Addition. The motion was seconded. A discussion ensued among the Commissioners regarding the current controversy regarding outdoor storage and the caution necessary not to create a precedent. The question was called and the motion FAILED by majority roll call vote. Commissioners Heinrichs, Knudsen, and F Rennell voted "no." There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 88-053. Request for a variance from Section 17.54.010C (Height --Extension onto Public Property) of the Borough Code Page 3 of 22 P&Z Minutes: October 19, 1988 KIBS226601 to permit a four (4) foot fence to project eight (8) feet into the Thorsheim Street right-of-way in a R1--Single-Family Residential Zoning District. Lot 28, Block 1, Aleutian Homes Subdivision; 515 Thorsheim Street. (Brett Randolph) DUANE DVORAK indicated 53 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to conditions. Regular Session Closed. r Public Hearing Opened: f BRETT RANDOLPH, applicant, appeared before the Commission Iand expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a request for a variance from Section 17.54.O10C of the Borough Code to permit a four (4) foot fence to project eight (8) feet into the Thorsheim Street right-of-way in a R1--Single Family Residential Zoning District on Lot 28, Block 1, Aleutian Homes Subdivision, subject to the conditions of approval contained in the staff report dated September 28, 1988 and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The fence is constructed at the applicants sole expense. 2. The applicant assumes any liability associated with fr said fence on City owned property. I 3. If at a future date the City determines that the fence must be removed from the City -owned property, the applicant or any subsequent owner of Lot 28, Block 1, Aleutian Homes, agrees to remove same without cost to the City. 4. Since the land is publicly owned, no prescriptive right accrues to the user. 5. Construction of the fence shall be in such a manner as to not reduce any required off-street parking. FINDINGS OF FACT 1. Exceptional ohvsical cirnumstannPR nr nnnHl t-lnnc development, which generally do not apply to other Properties in the same land use district 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 Ij of reasonable height around that yard. In addition, if the fence was built along the property lines, a strip of City property would remain outside the fence. It is likely that this property would not then be maintained by the property owner. I._ : UT:T109 Page 4 of 22 P&Z Minutes: October 19, 1988 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. r 3. 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 public rights -of -way without first receiving a variance. The Commission has also granted variances in the past for fences to project into road rights -of -way. safety and welfare. 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 Thorsheim 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 City property is maintained by the adjacent property owner for the benefit of the public. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of this variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan does not address minor structural developments such as fences. The main use of the property for residential purposes is consistent with the Comprehensive Plan. r 5. That actions of the applicant did not cause special I( conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant have not caused the conditions from which relief is being sought by the variance. The variance request will be decided prior to construction of the fence. 6. That the granting of the variance will not permit a Prohibited land use in the district involved. Fences are permitted in all land use districts. B) Case 88-054. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a second single-family dwelling located on the second floor of a detached accessory building to be constructed on one lot in a R2--Two-Family Residential Zoning District. Lot 46, Block 12, Aleutian Homes Subdivision; 721 Lower Mill Bay Road. (Robert Gray) DUANE DVORAK indicated 94 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: ROBERT GRAY, applicant, appeared before the Commission and expressed support for this request and clarification of condition number two. KIBS226603 Page 5 of 22 P&Z Minutes: October 19, 1988 CHAIRMAN RENNELL and LINDA FREED stated that the home occupation would be limited to either the occupant of the main dwelling or the occupant of the apartment and that the condition referred to the garage. 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 dwelling located on the second floor of a detached accessory building to be constructed on one lot in a R2--Two-Family Residential Zoning District. Lot 46, Block 12, Aleutian Homes Subdivision; subject to the conditions of approval outlined in the staff report dated September 30, 1988 and to adopt the findings contained in the staff report dated September 30, 1988, as "Findings of Fact" for this case. The motion was seconded. COMMISSIONER KNUDSEN expressed concern with allowing detached accessory buildings to be converted to second dwellings, stating that it creates a situation where there are two separate single-family dwellings on one lot, adding significantly to both density and congestion. The question was called and the motion CARRIED by majority roll call vote. Commissioner Knudsen voted "no." CONDITIONS OF APPROVAL 1. The applicant must obtain a driveway permit from the proper authority in order to provide a new curb cut to access the detached garage and dwelling. 2. The "accessory building portion" of the new structure may be used for a home occupation by the residents of r only one of the single-family residences. 3. Neither of the two single-family residences can be converted to a two-family dwelling unit in the future unless the zoning of the lot permits multifamily dwelling units. 4. The "accessory building portion" will not exceed fourteen (14) feet in height or one (1) story at the side wall. 5. This "accessory building" shall meet all setback requirements for a residential structure. FINDINGS OF FACT Page 6 of 22 That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. The proposed use 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 P&Z Minutes: October 19, 1988 KIBS226604 different from those of a two-family dwelling unit, and in fact may even be less given the size of the proposed second unit (approximately 500 square feet). B. The proposed use will be consistent with the general purposes and intent of Title 17 and the 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 above or beyond what is reasonable expected in the R2--Two-Family Residential Zoning District. C. 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. The use characteristics will not be substantially different from those of a duplex. C) Case 88-055. Request for a variance from Section 17.54.010 A and C of the Borough Code to permit a six (6) foot fence with a solid vertical surface to locate in the front yard and to project one and a half (1.5) feet into the Cliffside Road right-of-way in a R2--Two-Family Residential Zoning District. Lot 6A, Block 1, Miller Point Alaska Subdivision Second Addition; 4022 Cliffside Road. (Scott and Lisa Thompson) DUANE DVORAK indicated 18 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended approval of this request, subject to conditions. r I COMMISSIONER HEINRICHS requested a determination of conflict of interest. CHAIRMAN RENNELL ruled COMMISSIONER HEINRICHS could vote. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a request for a variance from Section 17.54.010 A and C of the Borough Code to permit a six (6) foot fence with a solid vertical fence to locate in the front yard and to project one and a half (1.5) feet into the Cliffside Road right-of-way in a R2--Two-Family Residential Zoning District on Lot 6A, Block 1, Miller Point Alaska Subdivision, Second Addition, subject to the conditions of approval contained in the staff report dated September 28, 1988 and to adopt the findings contained in the staff report dated September 28, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The applicant obtain a letter of permission from the property owner (i.e., the Kodiak Island Borough) to encroach into the Cliffside Road right-of-way. KIBS226605 Page 7 of 22 P&Z Minutes: October 19, 1988 2. The fence is constructed at the applicant's sole expense. 3. The applicant assumes any liability associated with said fence on Borough -owned property. 4. If at a future date the Borough determines that the fence must be removed from the Borough -owned property, the applicant or any other subsequent owner of Lot 6A, Block 1, Miller Point Alaska Subdivision, Second Addition, agrees to remove same without cost to the Borough. 7 5. Since the land is publicly owned, no prescriptive right accrues to the user. 6. Construction of the fence shall be in such manner as to not reduce any required off-street parking. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other Properties in the same land use district. 2. The exceptional condition applicable to the intended use of the property for residential purposes is largely due to the shape of the existing lot. Lot 6A is a flag lot with a stem that is approximately one hundred (100) feet long. The plat of Lot 6A requires that the front yard setback begin twenty-five (25) from the rear lot line of lot 6B. In addition, the driveway terminus intersects the Cliffside Road right-of-way at a curve. In order to provide for a gate at right angles to the property lines of the flag stem, the applicant will either have to encroach into a small portion of the right-of-way or sacrifice a small portion of property from the resulting yard. This second option would only add to the strip of right-of-way that would most likely not be maintained by the land owner. hardships. Strict application of the zoning ordinance would only allow the fence to be placed on the front yard property lines with a vertical surface that is at least fifty (50) percent open above two (2) feet and with a maximum height of four (4) feet in front of the front yard setback. This is an unnecessary hardship when many other fences (solid and otherwise and higher than four (4) feet) in the community have encroached on the public rights -of -way without first receiving a variance. The Commission has also granted variances in the past for fences to project into road rights -of -way and to exceed the maximum height requirements. In addition, the strict application of the zoning ordinance would not allow a fence that provides the level of privacy the applicant desires. With a front yard that is contiguous with the rear yard of Lot 6B and side yard of Lot 5, there is a potential for conflicting uses in this area which, while normal residential activities, would be better off screened from the neighboring lots. KIBS226606 Page 8 of 22 P&Z Minutes: October 19, 1988 3. r F safety and welfare. Granting of the variance will not be detrimental to the public's health, safety or welfare because the fence will not pose a line of sight problem along Cliffside Road either due to its height or solid nature. The driveway terminus, where sight distances are critical, is located on the outside of a curve in a fairly level area so that driveways on either side of the fenced drive would have adequate site distance before actually entering the developed road. Also, the conditions outlined below ensure that any future removal of the fence will not impose a cost to the public. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 5. 6. Granting of this variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan does not address minor structural developments such as fences. The main use of the property for residential purposes is consistent with the Comprehensive Plan. Actions of the applicant have not caused the conditions from which relief is being sought by the variance. The variance request will be decided prior to construction of the fence. Fences are permitted uses in all land use districts. D) Case 88-056. Request for a variance from Section 17.18.050 (Yards) and Section 17.51.050 (Area) of the Borough Code to permit a twenty-eight by twenty-four (28 x 24) foot detached garage that encroaches eleven and a half (11.5) feet into the required twenty-one and a half (21.5) foot front yard setback and which exceeds the ten (10) percent maximum area of six hundred fifty-one and a half (651.5) square feet by twenty and a half (20.5) square feet in a R1--Single-Family Residential Zoning District. Lot 1, Block 4, Aleutian Homes Subdivision; 315 Birch Street. (Robert Foster) DUANE DVORAK indicated 85 public hearing notices were mailed for this case and 2 were returned, 1 in favor and 1 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 a request for a variance from Sections 17.18.050 and 17.51.050 of the Borough Code to permit a twenty-eight by twenty-four (28 x 24) foot detached garage that encroaches eleven and a half (11.5) feet into the required twenty-one and a half (21.5) foot front yard setback and which exceeds the ten (10) percent maximum area Page 9 of 22 KIBS226607 P&Z Minutes: October 19, 1988 of six hundred fifty-one and a half (651.5) square feet by twenty and a half (20.5) square feet in a R1--Single-Family Residential Zoning District. Lot 1, Block 4, Aleutian Homes Subdivision; and to adopt the findings contained in the staff report dated September 29, 1988 as "Findings of Fact" for this case. The motion was seconded. A discussion ensued among the Commissioners, with input from Community Development Department staff regarding the existing driveway on the property. The question was called and the motion CARRIED by majority roll call vote. Commissioner Rennell voted "no." FINDINGS OF FACT 1. properties in the same land use district. This request results from the exceptional physical circumstances of the lot. As noted on the attached conceptual site plan, the house is oriented towards the side of the lot (Birch Street) rather than the front (Pine Crescent). As a result, the front yard is used as a side yard. Interestingly enough, if the code permitted the lot line along Birch Street to be considered the front lot line, the applicant would not need to apply for a variance. In that case the applicant would meet the required setbacks for a corner lot. Also, the lot is slightly smaller than the minimum lot size required by code and is therefore nonconforming, in addition to being a corner lot. 2. I— hardships. 3. Strict application of the zoning ordinances would require that the proposed garage be constructed closer to, or attached to the main dwelling. In addition, it would also deprive the land owner of the ability to continue to use the existing parking area that has already been developed and is the applicant's traditional parking area. This is a practical difficulty and unnecessary hardship when other residences in this zoning district have garages, many of which encroach the required setback to a greater degree than that proposed by the applicant. Also the size of the proposed garage, which is a standard two car garage with a small shop, could meet the size requirement for an accessory building by removing one (1) foot from either dimension. However, this would result in unnecessary hardship for the applicant if the building was not constructed with dimensions in multiples of four (4) as this is a standard lumber dimension and the fact that the proposed garage is only three (3) percent larger than the maximum allowed. safety and welfare. Granting of this variance will not result in material damage or prejudice to other properties in the area. Allowing the garage to encroach into the front yard setback will not interfere with safe traffic flow or access to or from the property. Also, granting of the KIBS226608 Page 10 of 22 P&Z Minutes: October 19, 1988 variance will not set a precedent for other properties in the area as many already have similar setback encroachments in the front yards. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan 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 construction of the proposed garage will not increase the existing density or change the permitted r land uses. 5. That actions of the applicant did not cause snecial conditions or financial hardship from which relief is being sought by the variance. In this case the 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 proposed garage. 6. Accessory buildings are a permitted use in the R1--Single-Family Residential Zoning District E) Case 88-057. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a second single-family dwelling located on the second floor of a detached accessory building to be constructed on one lot in a R2--Two-Family Residential Zoning District. Lot 4A-3, Block 1, Shahafka Acres Alaska Subdivision; 445 Shahafka Circle. (Maryjane Rogers) (A similar exception request, Case 87-014, was previously approved by the Planning and Zoning Commission on April 15, 1987.) DUANE DVORAK indicated 19 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to conditions. COMMISSIONER HEINRICHS requested a determination of conflict of interest. CHAIRMAN RENNELL ruled COMMISSIONER HEINRICHS could vote. Regular Session Closed. Public Hearing Opened: TED ROGERS, applicant, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT a request for an exception from Section 17.19.020 of the Borough Code to permit a second single-family dwelling located on the second floor of a detached accessory building to be constructed on one lot in a R2--Two-Family Residential Zoning District. Lot 4A-3, Block 1, Shahafka Acres Alaska Subdivision; subject to the conditions of approval outlined in the staff report dated September 30, 1988, and to adopt the findings contained in the staff report dated September 30, 1988, as "Findings of Fact" for this case. The motion was seconded. COMMISSIONER KNUDSEN expressed concern with allowing detached accessory buildings to be converted to second dwellings, stating that it creates a situation where there KIBS226609 Page 11 of 22 P&Z Minutes: October 19, 1988 are two separate single-family dwellings on one lot, adding significantly to both density and congestion. The question was called and the motion CARRIED by majority roll call vote. Commissioner Knudsen voted "no." CONDITIONS OF APPROVAL 1. Lot 4A-3, Block 1, Shahafka Acres Subdivision shall not be subdivided in the future. 2. The accessory building containing the. second single-family dwelling shall meet the require setbacks for a main dwelling. 3. Neither of the two single-family residences can be converted to a two-family dwelling unit in the future unless the zoning of the lot permits multifamily dwelling units. 4. The "accessory building portion" of the new structure may be used for a home occupation by the residents of only one of the single-family residences. 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. 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 r dwelling unit is converted to a duplex in the Il 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. 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. 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. The use characteristics will not be substantially different from those of a duplex. F) Case 88-058. Request for an exception from Section 17.52.060 (Main Building) of the Borough Code to allow the construction of an agricultural building on a lot that does not contain a main building used as a residence in a RR1--Rural Residential One Zoning District. Lot 7, Block 2, Russian Creek Alaska Subdivision; 811 Willow Circle. (F. KIBS226610 Page 12 of 22 P&Z Minutes: October 19, 1988 James Koch) (The owner's residence is located on adjacent Lot 6, Block 2, Russian Creek Alaska Subdivision.) DUANE DVORAK indicated 32 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: VAL FLINDERS, 734 Willow Circle, appeared before the Commission and expressed support for this request. CARL HAYES, adjacent property owner, appeared before the Commission and expressed support for this request. REMIE MURRAY, adjacent property owner, appeared before the Commission and expressed support for this request and read a letter of support from PAM HUMMELL into the record. JIM KOCH, applicant, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT an exception from Section 17.52.060 of the Borough Code to allow the construction of an agricultural building on a lot that does not contain a main building used as a residence in a RR1--Rural Residential One Zoning District. Lot 7, Block 2, Russian Creek Alaska Subdivision. The motion was seconded. A discussion ensued among the Commissioners, with input from Community Development Department staff, regarding the difference between agricultural and accessory buildings on lots without a main dwelling. The Commission also discussed the current climate and controversy surrounding fishing gear storage on residential lots. The question was called and the motion FAILED by unanimous roll call vote. Commissioners Hartt, Heinrichs, Hendel, Knudsen, and Rennell voted "no." COMMISSIONER KNUDSEN MOVED TO ADOPT the findings contained in the staff report dated October 2, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous voice vote. FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. The granting of an exception to allow an agricultural building in a RR1 Zoning District could be detrimental to the public's general welfare. Agricultural buildings are not allowed Plj in the RR1 Zoning District without a main dwelling present on the same lot. An approved exception would allow an agricultural building on a lot which could be expanded up to nearly one and a half (1.5) acres on a four and a half (4.5) acre lot without requiring someone to live on the same lot. This could allow some otherwise permitted agricultural uses to be expanded to such an extent KIBS226611 Page 13 of 22 P&Z Minutes: October 19, 1988 F 0 that it would be incompatible with a predominantly residential neighborhood. In addition, the construction of an agricultural building without a main residence could increase the potential for nuisances to occur which could affect other properties. If a person has invested in a main dwelling on the lot, they would be more likely to see the that nuisances do not occur. B. The proposed use is not consistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.17, the RR1--Rural Residential District. The intent of the district is to allow both residential and agricultural uses however, Section 17.52.060 indicates that agricultural uses supported by agricultural buildings are to occur only in the presence of residential development on the same lot. C. The proposed use could adversely impact other properties in the area. In addition to the potential land use conflicts identified in A above, granting this exception could set a precedent for changing the expected use and lifestyle (i.e. low density, rural residential) of this area and the RR1 Zoning District. Other individuals who own property in the RR1 Zoning District, but who have not invested in residential development and who are not a part of the local community, could be encouraged to request similar exceptions. With the allowable size of agricultural buildings and the permitted uses they entail, allowing similar exceptions could significantly alter the residential character of the RR1 Zoning District. G) Case 5-88-033. Request for preliminary approval of the subdivision of Lot 7, Block 1, Miller Point Alaska Subdivision First Addition to Lots 7A and 7B. 595 Lilly Drive (Shawn Andrew) LINDA FREED indicated that she had no information regarding the number of public hearing notices sent out. No personnel from the Engineering Department was present. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the subdivision of Lot 7, Block 1, Miller Point Alaska Subdivision First Addition to Lots 7A and 7B, subject to the conditions of approval contained in the memorandum from the Borough Engineer dated October 12, 1988. The motion was seconded. A discussion ensued among the Commissioners, with input from Community Development Department staff, regarding the review and approval of driveway plans and the process for construction of the driveway based on the approved plans. The consensus of the Commission was that this was a philosophical discussion regarding responsibility and that a worksession needed to be held to discuss the topic in detail. Page 14 of 22 KIBS226612 P&Z Minutes: October 19, 1988 The question was called and the motion CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Relocate existing garage on Lot 7A to eliminate the driveway encroachment on Lot 7B before submission of the final plat. 2. Install sewer service to Lot 7B before submission of the final plat. �— 3. Submit a driveway plan for proposed Lot 7B for approval by the Borough Engineer before submission of the final plat. COMMISSION HEINRICHS MOVED TO ADOPT the following finding of fact: "This subdivision meets the general intent of Title 16." The motion was seconded and CARRIED by unanimous voice vote. H) Case 5-88-034. Request for preliminary approval of the subdivision of Lot 3, Block 2, Woodland Acres Subdivision Second Addition to Lots 3A and 3B. 3680 Woodland Drive (Peter R. Van Rossen) LINDA FREED indicated 2 public hearing notices were included with the additional handouts for this meeting. Regular Session Closed. Public Hearing Opened: PETER VAN ROSSEN, applicant, appeared before the Commission and expressed support for this request. A discussion ensued among the Commissioners, with input from r Community Development Department staff, regarding parking. I Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT preliminary approval of the subdivision of Lot 3, Block 21 Woodland Acres Subdivision Second Addition to Lots 3A and 3B subject to the conditions of approval contained in the memorandum from the Borough Engineer dated October 12, 1988. The motion was seconded. ANN MOEN, Engineering Department Secretary, arrived at the meeting. A discussion ensued among the Commissioners, with input from Community Development Department staff and Mr. Van Rossen, regarding the parking available on the lot(s). COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by adding the following condition of approval: "The applicant shall develop the required off-street parking from woodland Drive for both lots." The AMENDMENT was seconded and CARRIED by unanimous voice vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Place a note on the final plat establishing a front yard setback of 25 feet, to be measured from the center of the stream, for Lot 3B. KIBS226613 Page 15 of 22 P&Z Minutes: October 19, 1988 2. Designate a portion of the flag stem of Lot 3B as a utility easement, as needed to accommodate the request by KEA, to provide service to Lot 3A; and provide a ten -foot -wide electrical easement along the northerly lot line of Lot 3B for service to the rear of Lot 3B. 3. Remove or relocate the greenhouse straddling the lot line of proposed Lots 3A and 3B in accordance with Title 17. 4. Remove the walkway connecting the house of Lot 3A and the cabin on Lot 3B. 5. Remove the addition on the east end of the dwelling on proposed Lot 3B where it projects into the required ten -foot side yard setback. 6. Obtain a building permit for the dwelling on proposed Lot 3B and ensure that it complies with the Building Code within six months of preliminary plat approval of this subdivision. 7. The applicant shall develop the required off-street parking from Woodland Drive for both lots. I) Case S-88-035. Request for preliminary approval of the vacation of Lots 1, 21 3, 4, 5, and 6, Block 14, Aleutian Homes Inc. Subdivision and replat to Lots 1A and 6A. 415, 417, 419, 421, 423, and 425 Thorsheim (St. James Episcopal Mission) ANN MOEN indicated 66 public hearing notices were mailed for this case and 1 was returned, stating nonobjection to this request. LINDA FREED noted that she had tried to reach Andy Brumbaugh, but that he was out-of-town; that she had spoken with Father Herb McMurtry at St. James and that he agreed to the tabling of this case until a discussion on the case could be held at a worksession. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO TABLE Case 5-88-035 until the November 16, 1988, regular meeting, to hold another public hearing at the November regular meeting, and to schedule a worksession at a mutually convenient time to discuss this subdivision with the applicant's representative. The motion was seconded and CARRIED by unanimous voice vote. J) Case 5-88-036. Request for preliminary approval of the subdivision of Lot 1B, Holland Acres Subdivision First Addition to Lots 1B-1 and 1B-2. 2975 Mill Bay Road (William R. Berkenbile) ANN MOEN indicated 20 public hearing notices were mailed for this case and 1 was returned, stating nonobjection to this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. KIBS226614 Page 16 of 22 P&Z Minutes: October 19, 1988 Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT preliminary approval of the subdivision of Lot 1B, Holland Acres Subdivision First Addition to Lots 1B-1 and 1B-2, subject to the conditions of approval contained in the memorandum from the Borough Engineer dated October 12, 1988. The motion was seconded. A discussion ensued among the Commissioners, with input from Community Development Department staff, regarding screening. The consensus of the Commission was to add the following to condition number three (3) as a FRIENDLY AMENDMENT: "A screening plan must also be submitted and reviewed by staff, with staff to make a recommendation for appropriate screening for approval by the Commission, in accordance with Borough Code Section 17.21.050(C): 'Screening. Where a business use is adjacent to a residential use or district, that business shall provide and maintain screening as approved by the Planning and Zoning Commission." The question was called and the motion CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The applicant must terminate the existing water service between the business and the duplex, and install a new water service for Lot 1B-1 (duplex) before submission of the final plat. 2. The shed located along the rear lot line must be relocated to conform with the five-foot rear and side yard setback requirements for accessory buildings. 3. A parking plan consisting of three spaces for the business on proposed Lot 1B-2 must be submitted to and approved by the Community Development Department prior r to the filing of the final plat. A screening plan must I also be submitted and reviewed by staff, with staff to make a recommendation for appropriate screening for approval by the Commission, in accordance with Borough Code Section 17.21.050(C): "Screening. Where a business use is adjacent to a residential use or district, that business shall provide and maintain screening as approved by the Planning and Zoning Commission." VII. OLD BUSINESS A) Case 88-045. Findings of fact for the 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) (Not Approved for recommendation to the Kodiak Island Borough Assembly at the September 21, 1988 Regular Meeting) COMMISSIONER KNUDSEN MOVED TO ADOPT the findings for Case 88-045, 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 as contained in the Memorandum dated September 22, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous voice vote. KIBS226615 Page 17 of 22 P&Z Minutes: October 19, 1988 FINDINGS OF FACT Findings as to the Need and Justification for a Change or Amendment. A rezone from R3--Multifamily Residential to R1--Single-Family Residential is neither needed nor justified because the R3--Multifamily Residential Zoning District permits development that: A. is consistent with the comprehensive plan; r B. can be suitable for the existing lots, given the If prevailing lot sizes, widths and placement of existing structures, if each request for higher density development is fairly evaluated and appropriate conditions are required to mitigate any potential adverse impacts; C. will not create any nonconforming land uses on the nineteen (19) lots in the block. 2. The 1968 Comprehensive Plan shows this block as a transition zone with designations for both Medium and High Density Residential Development. The zoning of Block 5, Leite Addition as R3--Multifamily Residential has, in effect, determined this area to be a High Density Residential area. This designation clarifies the Comprehensive Plan's "split designation." Due to the current zoning, it would be inconsistent for the Commission to rezone the area when it appears to be showing signs of redevelopment to the permitted density. Denial of a recommendation to rezone Block 5, Leite Addition is therefore consistent with the objectives of the Comprehensive Plan. B) Permitted Uses in the B--Business Zoning District. This item is similar to that discussed by the Planning and Zoning Commission at the June 15, 1988 Regular Meeting. The item is specifically related to the permitted use of apartments, hotels, and motels in the B--Business Zoning District when no public sewer and water is available. (Referred to the Commission by the Kodiak Island Borough Assembly) LINDA FREED noted that a new memorandum and a draft ordinance had been prepared based on the Commission's comments at the packet review worksession and were included with the additional handouts for this meeting. JOHN FINLEY appeared before the Commission and expressed support for the draft ordinance. STEVEN PENN appeared before the Commission and expressed support for the draft ordinance. A discussion ensued among the Commissioners, with input from Community Development Department staff, and DAVE HEUMAN, regarding the issues surrounding this item. As part of the discussion, the Commission strongly recommended that the Assembly determine an acceptable method of having the "test wells" on Lots 10 and 12, Block 1, Russian Creek Alaska Subdivision be tested twice monthly for (a) level of groundwater and (b) bacteria level. COMMISSIONER HEINRICHS MOVED TO FIND THAT: KIBS226616 Page 18 of 22 P&Z Minutes: October 19, 1988 1. The Planning and Zoning Commission relies upon and accepts the role of the Alaska Department of Environmental Conservation (ADEC) to assure safe standards in drinking water and waste disposal in the processes of land subdivision and land development. Indeed the Kodiak Island Borough has no provisions to replace ADEC review; and 2. The Planning and Zoning Commission sees no reason to depart from the current review procedures used for land subdivisions and development; and 3. The concerns raised by the residents of Womens Bay are most appropriately answered by a rezoning of the area in question. Such an action will probably significantly decrease the development options for owners of this land; and 4. If the Kodiak Island Borough Assembly agrees with the residents of Womens Bay that adequate safeguards are not in place for commercial development in this area, then the Planning and Zoning Commission would recommend that Ordinance 88-32-0 be approved by the Kodiak Island Borough Assembly. The motion was seconded and CARRIED by unanimous roll call vote. KODIAK ISLAND BOROUGH ORDINANCE NO. 88-32-0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY RESTRICTING PERMITTED LAND USES IN AREAS NOT SERVED BY PUBLIC SEWER AND WATER SYSTEMS. The Kodiak Island Borough Assembly hereby ordains that: r WHEREAS, the residents of Womens Bay have expressed a great deal of concern about the impact of recent developments in the area on groundwater quality; and WHEREAS, the Alaska Department of Environmental Conservation which regulates wastewater disposal does not regulate land use; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed alternative options for. resolving community concerns, and has recommended the option contained in this ordinance; and WHEREAS, this option regulates all permitted land uses based on their potential impact on the groundwater quality, rather than the observable land use; NOW, THEREFORE, BE IT ORDAINED by the Kodiak Island Borough Assembly that: Section 1: That this ordinance shall be in effect for two (2) years from the date of enactment or until public sewer and water systems are available, whichever occurs first. Section 2: In all areas that do not have public sewer and water systems, wastewater disposal cannot exceed six hundred (600) gallons per day per forty thousand (40,000) square feet of land area for any permitted use. Section 3: Each request for zoning compliance for a new use will be required to provide documentation that the amount of wastewater disposed of will not exceed six hundred (600) gallons per day per forty thousand (40,000) square feet of land. Section 4: This ordinance shall be in full force and effect upon passage and adoption. KIBS226617 Page 19 of 22 P&Z Minutes: October 19, 1988 VIII. NEW BUSINESS A) Proposed revisions to the Planning and Zoning Commission By -Laws A discussion ensued among the Commissioners and Community Development Department staff regarding the draft By -Laws. The consensus of the Commission was to acknowledge receipt of the draft and to review the draft in detail at a worksession. �^ B) Areawide Drainage Plan I LINDA FREED noted that Dan Millard of the Engineering Department would be willing to make a presentation to the Commission at their November 2, 1988, worksession. The consensus of the Commission was discuss this item with Dan Millard at the November 2, 1988, worksession. There was no further new business. IX. COMMUNICATIONS COMMISSIONER HEINRICHS MOVED TO ACKNOWLEDGE RECEIPT of items A through P of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Womens Bay Comprehensive Planning Committee: August 30, 1988 Minutes (with attachment) September 13, 1988 Minutes (with attachment) B) Memorandum dated September 22, 1988, from Daniel P. Millard to Ann Moen, re: Requests made by the Planning and Zoning Commission to the Engineering Department at the Commission's September 21, 1988 Regular Meeting. C) Article from the September 23, 1988, Homer Weekly News, entitled: "City assumes permit authority." D) Memorandum dated September 28, 1988, to the Planning and Zoning Commission from Daniel P. Millard, Construction Inspector, Kodiak Island Borough Engineering Department, re: Case No. S-88-021, Vacation of Lots 21 and 22, Block 7, Monashka Bay Alaska Subdivision and replat to Lots 21A, 22A, and 22B. (Fritz Bruenhoff) (with attachments) E) Letter dated September 29, 1988, to the Kodiak Island Borough Assembly from Barbara Monkiewicz, re: Multifamily Residential Development on Lots 10 and 12, Block 1, Russian Creek Alaska Subdivision. F) Letter dated September 14, 1988, to the Borough Mayor from Michael W. Anderson, re: Resignation from the Kodiak Island Borough Planning and Zoning Commission. G) Article for the October 5, 1988 Borough Newspage, re: Zoning Enforcement. H) Letter dated September 30, 1988, to Sara Hunt, OMB-DGC State of Alaska, from Linda L. Freed, re: Kodiak Island Borough Coastal Management Program - FY88 Annual Report (with report). I) Letter dated September 28, 1988, to Ernest M. Thompson, KEA, from Ann M. Moen, Kodiak Island Borough Engineering Department, re: Case No. 5-88-027 Subdivision of Lot 1, Block 5, Miller Point First Addition. KIBS226618 Page 20 of 22 P&Z Minutes: October 19, 1988 J) Memo dated October 10, 1988, to Dave Crowe, Borough Engineer, from Linda Freed, Director, Community Development Department, re: Review Agencies for Plats; and memo dated October 11, 1988, to Linda Freed from Dave Crowe, re: Review Agencies for Plats. K) Letter dated October 10, 1988, to Ed Kozak, KEA, from Linda Freed, re: Case 5-87-036 Subdivision of Lot 4, Block 4, Miller Point Alaska Subdivision First Addition (with attachment). Letter dated October 12, 1988, from Ed Kozak, KEA, to Linda Freed (in response to the letter above), with attachments. L) Letter dated October 11, 1988, to Reed Oswalt, President of Timberline, Inc., from Linda Freed, re: Timber in Chiniak. M) Womens Bay Comprehensive Planning Committee: September 27, 1988 Minutes (with attachments) Meeting Notice - Tuesday, October 25 - 7 p.m. N) Letter dated October 13, 1988, to Sven Haakanson, Mayor, City of Old Harbor, from Duane Dvorak, Community Development Department, re: Old Harbor Comprehensive Plan (with. attachment). 0) Letter dated October 17, 1988, from Melvin M. Stephens, to Linda Freed, re: Enforcement of plat notations designating access easement. P) Letter dated October 13, 1988, to David Hoffman, DCRA, from Jerome Selby, re: Kodiak Island Borough Annexation Petition (with attachments). LINDA FREED reviewed in detail Communication Items J, K, M, 0, I1� and P with the Commission. 1 COMMISSIONER HEINRICHS MOVED TO ADOPT the list of "Review ` Agencies for Plats", delineated in the memorandum dated October 11, 1988, from Dave Crowe to Linda Freed. The motion was seconded and CARRIED by unanimous voice vote. (Communications Item J) The Commission discussed and agreed on a response to KEA's letter of October 12, 1988. (Communications Item K) There were no further communications. X. REPORTS COMMISSIONER HEINRICHS 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 reminded the Commissioners that the next worksession would be held on Tuesday, October 25th, so that the Commission could attend the Womens Bay Community Council's Community Meeting. Those wishing to participate in a car pool are to meet in the Borough Building parking lot at 1:31 p.m. - The November 2, 1988, worksession would address the following topics: (1) Areawide Drainage Plan; (2) Case S-88 035. Request for preliminary approval of the vacation of Lots 1, 21 31 4, 51 and 6, Block 14, Aleutian Homes Inc. Subdivision and replat to Lots lA and 6A. St. James Episcopal Mission; (3) Development KTBS226619 Page 21 of 22 P&Z Minutes: October 19, 1988 proposal regarding Ken Forster's old lot (Lot 26, U.S. Survey 3099) next to T.T. Jackson's; (4) Driveway philosophy; and (5) Revised By -Laws. r- COMMISSIONER HEINRICHS requested additional information concerning portions of the Status Report. LINDA FREED provided the additional information requested. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER HARTT suggested that the Borough's Lakeside Subdivision lots be subdivided into one (1) acre parcels and sold for fishing gear storage. LINDA FREED noted that Tony Drabeck is the President of Natives of Kodiak. Natives of Kodiak own Swampy Acres and they are allowing pot storage on a case -by -case basis. XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 10:10 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: �`�R�✓ w✓'' Steve Rennell, Chairman ATTEST )1�� By: 1 "" �� Patricia Miley, Picretary Community Developdent Department DATE APPROVED: Nouavn%Nti t I b, Ig88 A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH Page 22 of 22 COMMUNITY DEVELOPMENT DEPARTMENT KIBS226620 P&Z Minutes: October 19, 1988