1988-11-16 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - NOVEMBER 16, 1988
7:30 p.m.
fTe}aRTTo .,
I CALL TO ORDER
II ROLL CALL
III APPROVAL OF AGENDA
IV MINUTES OF PREVIOUS MEETINGS:
Regular Meeting of October 19, 1988
V AUDIENCE COMMENTS AND APPEARANCE REQUESTS
VI PUBLIC HEARINGS
A) Case 88-059. Request for a variance from Sections 17.19.040B
(Yards) and 17.51.050 (Area) of the Borough Code to permit a
twelve by twenty-two (12 x 22) foot addition to an existing
accessory building to encroach five (5) feet into the
required five (5) foot side yard setback and to exceed the
maximum lot area coverage for an accessory building by two
hundred sixty-four (264) square feet in a R2--Two-Family
Residential Zoning District. Lot 9, Block 33, East Addition;
716 Mission Road. (William G. Bacus) A similar variance
request, Case 83-135, was previously approved by the Planning
and Zoning Commission on December 21, 1983.
B) Case 88-060. Request for a variance from Section 17.18.050A
(Yards) of the Borough Code to permit the construction of a
(� twenty-two by twenty-four (22 x 24) foot detached garage
which will encroach nine (9) feet into the required
twenty-five (25) foot front yard setback in a
R1--Single-Family Residential Zoning District. Lots 9 and
'10, Block 46, East Addition; 1412 Baranof. (Dave Shelton)
C) Case 88-061. Request for a variance from Section 17.20.040C
(Yards) of the Borough Code to permit a storage and mud room
addition to a single-family residence to encroach four (4)
feet into the required ten (10) foot rear yard setback in a
R3--Multifamily Residential Zoning District. Lot 13A, Block
6, Leite Addition; 1513 Kouskov. (Eugene Mueller)
D) Case 88-062. Request for Planning and Zoning Commission
review, as required by Section 18.20.030 of the Borough Code,
of a disposal by lease of Borough property. The property
(three -fourths of an acre) contains the old Bureau of Indian
Affairs (BIA) School that is now owned by the City of Port
Lions and is used as a community building. A Portion of the
Port Lions School Reserve, which is a Portion of Block 16,
Port Lions Subdivision First Addition. (Kodiak Island
Borough)
E) Case S-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 Lot 1A. 415, 417, 419,
421, 423, and 425 Thorsheim (St. James Episcopal Mission)
(Tabled from the October 19, 1988 Regular Meeting)
F) Case S-88-037. Request for preliminary approval of the
subdivision of Lot 5, Tract A, Woodland Acres Subdivision
First Addition to Lots 5A and 5B. 187 Seabreeze Circle
(Laura Bealey)
G) Case S-88-039. Request for preliminary approval of the
subdivision of Portions of Tract D, U.S. Survey 4871,
Ouzinkie Townsite, creating Lot 1 (one acre) and Lot 2 (two
P & Z Agenda
Page 1 of 2
November 16, 1988
KIBS226622
acres), Narrow Strait, Spruce Island. (Fran Kelso/Dan
Konigsberg)
H) Case 5-88-040. Request for preliminary approval of the
vacation of Lots 4, 5, 6, 7, 8, 9, 10 (greenbelt), and 11,
Block 3, Lakeside Subdivision and replat to Lots 4A, 5A, 6A,
7A, 8A, 9A, 10A (greenbelt), 11A, and the creation of a
40-foot-wide alley between the greenbelt and the other lots,
extending northerly from Selief Lane to Von Scheele Way.
(Kodiak Island Borough)
VII OLD BUSINESS
A) Areawide Drainage Plan
B) Planning and Zoning Commission By -Laws
C) Administrative Interpretation: Definition of Owner Occupancy
and Accessory Uses in Residential Structures
VIII NEW BUSINESS
A) Case S-87-036. Request for Planning and Zoning Commission
review and approval of the final plat for the subdivision of
Lot 4, Block 4, Miller Point Alaska Subdivision First
Addition to Lots 4A, 4B, 4C, and 4D. The preliminary plat
approved by the Commisison on November 18, 1987, designated
the flag stems as "roadway and utility easement for the
exclusive use of Lots 4B and 4C." The proposed final plat
(received on November 3, 1988) designates the same roadway
and utility easement "for the exclusive use of Lots 4A, 4B,
4C, and 4D."
IX COMMUNICATIONS
A) Zoning Compliance Procedure
B) Letter dated October 20, 1988 to Edwin K. Kozak, Kodiak
Electric Association from Linda Freed.
C) Letter dated October 21, 1988 to Linda Freed from Joel H.
Bolger, re: Mark White V. Kodiak Island Borough (with
attachments)
D) Letter dated October 26, 1988 to David Hoffman, DCRA, from
Linda Freed, re: 1988 Kodiak Island Borough Population
Update (with attachments)
X REPORTS
A) Community Development Department Monthly Status Report.
B) Borough Engineer's Report of Final Plat Approvals.
XI AUDIENCE COMMENTS
XII COMMISSIONERS' COMMENTS
XIII ADJOURNMENT
r The public is invited to attend the packet review worksession for these
I 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.
KIBS226623
P & Z Agenda Page 2 of 2 November 16, 1988
F
F
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - NOVEMBER 16, 1988
7:30 p.m.
AGENDA ADDITIONS
IX COMMUNICATIONS
E) Letter dated October 27, 1988, to Kurt LeDoux from Bob
Scholze; Associate Planner - Enforcement, re: Case 87-058.
F) Womens Bay Comprehensive Planning Committee Minutes from the
October 11, 1988 Meeting
G) Letter dated November 16, 1988, to John A. Parker from Duane
Dvorak, Associate Planner - Long Range Planning, re: Mill
Bay Road Zoning History (with attachments).
H) Letter dated November 16, 1988, to Jim and Terri Venable from
Patricia Miley, re: An appeal of a Planning and Zoning
Commission decision to deny Case 88-044, a request for an
exception from Section 17.17.020 (Permitted Uses) of the
Borough Code to permit the use of a lot zoned RR1--Rural
Residential One for fishing activities (gear storage) when no
owner occupied dwelling is present on the property. Lot 1,
Block 3, Bells Flats Alaska Subdivision; 1296 Sargent Creek
Road.
KIBS226621
Agenda Additions Page 1 of 1 P&Z: November 16, 1988
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - NOVEMBER 16, 1988
I. CALL TO ORDER
The Regular Meeting of the Planning and Zoning Commission was
called to order at 7:35 p.m. by Chairman Steve Rennell on
November 16, 1988 in the Borough Assembly Chambers.
II. ROLL CALL
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.
Dave Crowe, Borough Engineer
Ann Moen, Secretary, Engineering
Department
Commissioners Absent:
Scott Thompson, Excused
A quorum was established.
III. APPROVAL OF AGENDA
Staff reported the following additions to the agenda:
IX COMMUNICATIONS
I E) Letter dated October 27, 1988, to Kurt LeDoux from Bob
Scholze, Associate Planner - Enforcement, re: Case
87-058.
F) Womens Bay Comprehensive Planning Committee Minutes
from the October 11, 1988 Meeting
G) Letter dated November 16, 1988, to John A. Parker from
Duane Dvorak, Associate Planner - Long Range Planning,
re: Mill Bay Road Zoning History (with attachments).
H) Letter dated November 16, 1988, to Jim and Terri
Venable from Patricia Miley, re: An appeal of a
Planning and Zoning Commission decision to deny Case
8-044 a request for an exception from Section
17.17.020 (Permitted Uses) of the Borough Code to
permit the use of a lot zoned RR1--Rural Residential
One for fishing activities (gear storage) when no owner
occupied dwelling is present on the property. Lot 1,
Block 3, Bells Flats Alaska Subdivision; 1296 Sargent
Creek Road.
COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda with the
additions reported by staff. The motion was seconded and CARRIED
r by unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the October
19, 1988 Planning and Zoning Commission regular meeting as
presented. The motion was seconded and CARRIED by unanimous
voice vote.
KIBS226624
Page 1 of 13 P&Z Minutes: November 16, 1988
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
Audience ommn
JOHN PARKER, 3460 Sunset, appeared before the Commission to
request that the Commission address the issue of an areawide
drainage plan especially for the Miller Point First Addition area
before drainage becomes a serious problem within the Borough.
There were no further audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case 88-059. Request for a variance from Sections
17.19.040B (Yards) and 17.51.050 (Area) of the Borough Code
to permit a twelve by twenty-two (12 x 22) foot addition to
an existing accessory building to encroach five (5) feet
into the required five (5) foot side yard setback and to
exceed the maximum lot area coverage for an accessory
building by two hundred sixty-four (264) square feet in a
R2--Two-Family Residential Zoning District. Lot 91 Block
33, East Addition; 716 Mission Road. (William G. Bacus) A
similar variance request, Case 83-135, was previously
approved by the Planning and Zoning Commission on December
21, 1983.
DUANE DVORAK indicated 30 public hearing notices were mailed
for this case and 2 were returned, 1 in favor and 1 opposing
this request. Staff originally recommended denial of this
request; but after receiving further information from the
applicant at the packet review worksession, staff submitted
a revised staff report for the Commission's review. The
revised staff report recommended approval with conditions.
Regular Session Closed.
Public Hearing Opened:
r Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT a request for a
variance from Sections 17.19.040B and 17.51.050 of the
Borough Code to permit a twelve by twenty-two (12 x 22) foot
addition to an existing accessory building to encroach two
and one half (2.5) feet into the required five (5) foot side
yard setback and to exceed the maximum lot area coverage for
an accessory building by one hundred fifty (150) square feet
in a R2--Two-Family Residential Zoning District at Lot 9,
Block 33, East Addition subject to the conditions of
approval contained in the staff report dated November 14,
1988 and to adopt the findings contained in the staff report
dated November 14, 1988 as "Findings of Fact" for this case.
The motion was seconded.
A discussion ensued among the Commissioners regarding the
front yard setback and the line of sight impacts along
Mission Road.
The question was called and the motion FAILED by majority
roll call vote. Commissioners Knudsen and Rennell voted
r "no."
fl The consensus of the Commission was to defer findings of
fact to the end of the meeting.
B) Case 88-060. Request for a variance from Section 17.18.050A
(Yards) of the Borough Code to permit the construction of a
twenty-two by twenty-four (22 x 24) foot detached garage
Page 2 of 13
P&Z Minutes: November 16, 1988
KIBS226625
which will encroach nine (9) feet into the required
twenty-five (25) foot front yard setback in a
R1--Single-Family Residential Zoning District. Lots 9 and
10, Block 46, East Addition; 1412 Baranof. (Dave Shelton)
DUANE DVORAK indicated 37 public hearing notices were mailed
for this case and none were returned. Staff recommended
approval of this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HENDEL MOVED TO GRANT a request for a variance
from Section 17.18.050A of the Borough Code to permit the
construction of a twenty-two by twenty-four (22 x 24) foot
detached garage which will encroach nine (9) feet into the
required twenty-five (25) foot front yard setback in a
R1--Single-Family Residential Zoning District on Lots 9 and
10, Block 46, East Addition and to adopt the findings
contained in the staff report dated October 27, 1988 as
"Findings of Fact" for this case. The motion was seconded
and CARRIED by unanimous roll call vote.
FINDINGS OF FACT
1.
properties in the am land use district.
The exceptional physical circumstance applicable to the
property is the topography of the lot, which rises from
the lot line along Baranof Avenue. The street grade
along the side lot line however, drops down to the east
resulting in the need for a seven (7) foot retaining
wall along the side of the lot. There is no access to
the rear of the lot and although the house is located
well behind the front yard setback, there is not enough
room to locate a standard size garage. Because of the
grade differential along the side of the lot there is
no way to reorient the lot access to accommodate a
garage within the existing setback requirements.
2. Strict application of tha 7nninn
hardships.
Strict application of the Zoning Ordinance would not
allow a standard size garage to be placed anywhere on
the lot. This is a practical difficulty and
unnecessary hardship when other residences in the
R1--Single-Family Residential Zoning District have
garages, many of which have a greater encroachment into
the front yard setback than that proposed by the
applicant.
3. The granting of the variance will not result in
r material damages or prejudice to other properties in
the vicinity nor be detrimental to the public's health
safety and welfare.
Granting of the variance will not result in material
damage or prejudice to other properties in the area.
Allowing the garage to encroach into the front yard
KIBS226626
Page 3 of 13 P&Z Minutes: November 16, 1988
setback will not interfere with safe traffic flow or
access to and from the property.
4.
Granting of the
variance will not be contrary to
the
objectives of the
comprehensive plan which identifies
this area for Public
Use Lands and Open Space. The
use
proposed by this
request for variance is incidental
and
subsidiary to
the existing residential use
and
therefore does not
present a conflict with the adopted
land use plan.
garage will not
In addition, the construction of
change the existing density in
the
the
area.
5.
In this case, the actions of the applicant have not
caused conditions from which relief is being sought by
variance. The applicant will not take any action until
this variance request has been decided.
6.
Accessory buildings are allowed in all land use
districts except the Watershed Zoning District.
C) Case 88-061. Request for a variance from Section 17.20.040C
(Yards) of the Borough Code to permit a storage and mud room
addition to a single-family residence to encroach four (4)
feet into the required ten (10) foot rear yard setback in a
R3--Multifamily Residential Zoning District. Lot 13A, Block
6, Leite Addition; 1513 Kouskov. (Eugene Mueller)
I DUANE DVORAK indicated 53 public hearing notices were mailed
for this case and 2 were returned, in favor of this request.
Staff recommended denial of this request and provided the
Commission with the additional information requested at the
packet review worksession.
Regular Session Closed.
Public Hearing Opened:
GENE MUELLER, applicant, appeared before the Commission and
expressed support for this request.
CHAIRMAN RENNELL asked if the applicant objected to tabling
this request until the December meeting in order for the
Commission to digest the additional information provided by
staff. Mr. Mueller responded that he had no objection to
tabling the case.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO TABLE Case 88-061 until the
December 21, 1988, regular meeting and to hold another
public hearing at that time. The motion was seconded and
r CARRIED by unanimous voice vote.
LINDA FREED requested clarification of the motion.
Commissioner Heinrichs, with the concurrence of the second,
clarified that Case 88-061 would appear as a public hearing
item on the December 1988 Agenda, but that individual public
hearing notices did not need to be distributed by staff.
KIBS226627
Page 4 of 13 P&Z Minutes: November 16, 1988
D) Case 88-062. Request for Planning and Zoning Commission
review, as required by Section 18.20.030 of the Borough
Code, of a disposal by lease of Borough property. The
property (three -fourths of an acre) contains the old Bureau
of Indian Affairs (BIA) School that is now owned by the City
of Port Lions and is used as a community building. A
Portion of the Port Lions School Reserve, which is a Portion
of Block 16, Port Lions Subdivision First Addition. (Kodiak
Island Borough)
DUANE DVORAK indicated 68 public hearing notices were mailed
for this case and none were returned. Staff recommended
approval of this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HENDEL MOVED TO ADOPT Planning and Zoning
Resolution Number 88-03-R, recommending the disposal of
Borough real property by the Borough Assembly. A portion of
the School Reserve, Block 16, Port Lions Subdivision 1st
Addition, to be leased to the City of Port Lions. The
motion was seconded.
A discussion ensued among the Commissioners, with input from
Community Development Department staff, regarding the
Commission's responsibility with regard to reviewing and
recommending Borough land disposals to the Assembly.
COMMISSIONER HEINRICHS MOVED TO AMEND PLANNING AND ZONIN
COMMISSION RESOLUTION 88-03-R to read (changes noted in
"bold"):
A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING
AND ZONING COMMISSION RECOMMENDING THE LEASE OF BOROUGH
PROPERTY.
WHEREAS, Section 18.20.030 of Borough Code
requires the review of each disposal of Borough real
property by the Planning and Zoning Commission; and,
WHEREAS, Section 18.20.170 defines "disposal" as
any transfer of real property; and,
WHEREAS, the Borough is the owner of property in
Port Lions, known as the School Reserve, Block 16, Port
Lions Alaska Subdivision 1st Addition; and,
WHEREAS, the old Bureau of Indian Affairs School
is owned by the City of Port Lions and located on the
property known as the School Reserve, Block 16, Port Lions
Alaska Subdivision First Addition; and,
WHEREAS, the City of Port Lions has requested a
lease of Borough land under the old school to allow for the
building and parking area; and,
WHEREAS, the Planning and Zoning Commission has
held an advertised and noticed public meeting; and,
WHEREAS, the Planning and Zoning Commission has
determined that this proposal is in compliance with Borough
Codes and that this land disposal, by lease, is in the
r interest of the City of Port Lions and the Kodiak Island
I Borough.
NOW, THEREFORE, BE IT RESOLVED, that the Kodiak
Island Borough Planning and Zoning Commission finds that the
granting of a lease to the City of Port Lions is consistent
with Title 17 of the Borough Code and the Port Lions
Comprehensive Plan. The agreement will expire in
twenty-five (25) years or when the buildings useful life
Page 5 of 13
P&Z Minutes: November 16, 1988
KIBS226628
expectancy is reached and the structure is no longer
serviceable as outlined in the October 31, 1988 staff
report.
The AMENDMENT was seconded and CARRIED by unanimous roll
call vote. The question was called and the MAIN MOTION AS
AMENDED CARRIED by unanimous roll call vote.
E) Case S-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 Lot IA. 415, 417, 419,
421, 423, and 425 Thorsheim (St. James Episcopal Church)
(Tabled from the October 19, 1988 Regular Meeting)
DAVE CROWE indicated no public hearing notices were mailed
for this case as no responses to public hearing notices were
received at the October 1988 regular meeting. Staff
recommended approval of this request.
COMMISSIONER HEINRICHS MOVED TO REMOVE CASE S-88-035 FROM
THE TABLE. The motion was seconded and CARRIED by unanimous
voice vote.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNUDSEN MOVED TO GRANT preliminary approval of
the vacation of Lots 1, 21 3, 4, 5, and 6, Block 14,
Aleutian Homes Inc. Subdivision and replat to Lot IA. The
motion was seconded and CARRIED by unanimous roll call vote.
F) Case S-88-037. Request for preliminary approval of the
subdivision of Lot 5, Tract A, Woodland Acres Subdivision
First Addition to Lots 5A and 5B. 187 Seabreeze Circle
(Laura Bealey)
DAVE CROWE indicated 37 public hearing notices were mailed
for this case and 3 were returned, opposing this request.
Staff recommended denial of this request.
Regular Session Closed.
Public Hearing Opened:
MERLE BROWN appeared before the Commission and expressed
opposition to this request. Mr. Brown presented Chairman
Rennell with letters to be read into the record from other
property owners in the area.
CHRIS KINTER appeared before the Commission and expressed
opposition to this request.
JIM FISK, Chairman of Service District #1, appeared before
the Commission and expressed concern about the impact of
this request on the drainage and road system in the area.
JOHN BEALEY, applicant, appeared before the Commission and
expressed support for this request.
A discussion ensued among the Commissioners and Mr. Bealey,
with input from Engineering Department staff and Community
Development Department staff, regarding deed restrictions.
CHRIS KINTER spoke from the audience and reiterated his
opposition to this request.
KIBS226629
Page 6 of 13 P&Z Minutes: November 16, 1988
CHAIRMAN RENNELL read statements of objection from Michael
Treston, Leo Kourmetis, Gary and Linda Sharratt, Ron Monroe,
and Ginny and John Shank into the record.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRI H MOVED TO GRANT preliminary approval
of the subdivision of Lot 5, Tract A, Woodland Acres
Subdivision First Addition to Lots 5A and 5B, subject to the
three conditions of approval outlined in the Borough
Engineer's memorandum dated November 8, 1988. The motion
was seconded.
A discussion ensued among the Commissioners, with input from
Community Development Department staff, regarding zoning
history, the comprehensive plan designation, and Title 17
requirements and history as applicable to this area. Also
discussed were access, drainage, and building site
capability.
added the two conditions as stated in the1Rr�Community
Development Department's memorandum dated October 31, 1988,
as a friendly amendment to the main motion.
The question was called and the MOTION FAILED by unanimous
roll call vote. Commissioners Hartt, Heinrichs, Hendel,
Knudsen, and Rennell voted "no."
COMMISSIONER HEINRICH MOVED TO ADOPT the following findings
of fact:
1. Drainage problems on this property and potential
impacts to adjacent property makes subdivision of the
land undesirable.
2. Additional points of ingress and egress due to
subdivision are undesirable along this steep, curved
section of roadway which already is hazardous during
winter months.
3. The existing easements, normal front yard setbacks, and
steep terrain make development of a usable building
site on the flag lot questionable.
The motion was seconded and CARRIED by unanimous voice vote.
G) Case S-88-039 Request for preliminary approval of the
subdivision of Portions of Tract D, U.S. Survey 4871,
Ouzinkie Townsite, creating Lot 1 (one acre) and Lot 2 (two
acres), Narrow Strait, Spruce Island. (Fran Kelso/Dan
Konigsberg)
DAVE CROWE indicated 35 public hearing notices were mailed
for this case and 1 was returned, in favor of this request.
Staff recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HENDEL MOVED TO GRANT preliminary approval of
the subdivision of Portions of Tract D, U.S. Survey 4871,
Ouzinkie Townsite, creating Lot 1 (one acre) and Lot 2 (two
acres), subject to the conditions of approval outlined in
KIBS226630
Page 7 of 13 P&Z Minutes: November 16, 1988
the Borough Engineer's memorandum dated November 8, 1988.
The motion was seconded.
A discussion ensued among the Commissioners, with input from
Engineering Department staff and Community Development
Department staff, regarding condition number 4A. For the
record, Duane Dvorak informed the Commission that Mr.
Konigsberg had called to inform him that only one of the
buildings on Lot 2 was a cabin, the other was a storage
building.
The question was called and the motion CARRIED by unanimous
roll call vote.
CONDITIONS OF APPROVAL
1. That the applicant shall obtain sanitation approval
from the Alaska Department of Environmental
Conservation before submission of the final plat.
2. That the boat repair building on Lot 1 be moved to
comply with the setback requirements of Title 17 of the
Borough Code.
3. That one of the cabins on Lot 2 be converted to an
accessory building in order to comply with the
requirements of the Rl--Single-Family Residential
Zoning District.
4. That the following notes be placed on the final plat:
A. "A setback of at least fifty (50) feet from the
shoreline is required for any residential
development in
order to mitigate the potential
tsunami hazard."
B. "An easement of ten (10) feet is dedicated by this
survey for the provision and maintenance of public
access along the shoreline of Lots 1 and 2, Tract
D, U.S. Survey 4871."
H) Case 5-88-040 Request for preliminary approval of the
vacation of Lots 4, 5, 6, 7, 8,
9, 10 (greenbelt), and 11,
Block 3, Lakeside Subdivision and replat to Lots 4A, 5A, 6A,
7A, 8A, 9A, 10A (greenbelt), 11A, and the creation of a
40-foot-wide alley between the
greenbelt and the other lots,
extending northerly from Selief Lane to Von Scheele
Way.
(Kodiak Island Borough)
DAVE CROWE indicated 77 public hearing notices were mailed
for this
case and 1 was returned, expressing concern
regarding the potential use of the alley as
a thoroughfare.
Staff recommended approval of this request.
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
Ir
Engineering Department staff regarding line of sight options
and the
rationale regarding condition number 3A.
COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval
the
of vacation of Lots 4, 5, 6, 7, 8, 9, 10 (greenbelt),
and 11, Block 3, Lakeside
Subdivision and replat to Lots 4A,
5A, 6A, 7A, 8A, 9A, 10A (greenbelt), 11A,
and the creation
KIBS226631
Page 8 of 13 P&Z Minutes: November 16, 1988
of a 40-foot-wide alley between the greenbelt and the other
lots, extending northerly from Selief Lane to Von Scheele
Way, subject to the conditions of approval 1B, 2, 3A, 4, and
5 as outlined in the Borough Engineer's memorandum dated
November 8, 1988. The motion was seconded and CARRIED by
unanimous roll call vote.
CONDITIONS OF APPROVAL
1(B) Extend the alley through Lot 10A to intersect with
Beaver Lake Drive.
2. Provide guy -anchor easements for existing guy anchors
on the lot lines common between Lots 2 and 3 and Lots 3
and 4A.
3. Provide the following note on the final plat:
(A) "Lots 4A through 9A and Lot 11A shall not be
further subdivided."
4. The final plat shall not be filed until the alley is
constructed to local road standards and as water line
and fire hydrants are installed according to the
request from Chief Smith of Bayside Volunteer Fire
Department.
5. Change the lot numbers from Lots 4, 5, 6, 7, 8, 9, 10,
and 11 to Lots 4A, 5A, 6A, 7A, 8A, 9A, 10A, and 11A
since this is a vacation and replat and the original
lot configurations are changed by this action.
VII. OLD BUSINESS
COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT OF OLD BUSINESS
ITEMS A THROUGH C. The motion was seconded and CARRIED by
unanimous voice vote.
r
A) Areawide Drainage Plan
The consensus of the Commission was to discuss this matter
at a future worksession.
B) Planning and Zoning Commission By -Laws
The consensus of the Commission was to discuss this matter
at a future worksession.
C) Administrative Interpretation: Definition of Owner
Occupancy and Accessory Uses in Residential Structures
SCOTT ARNDT requested permission to be heard. The consensus
of the Commission was to hear Mr. Arndt.
SCOTT ARNDT appeared before the Commission and expressed
opposition to portions of the administrative interpretation.
A discussion ensued among the Commissioners, with input from
Community Development Department staff, regarding Borough
policies and practices and the administrative
interpretation.
r LARRY CHICKERING appeared before the Commission and a
discussion ensued between the Commission, Community
Development Department staff, and Mr. Chickering regarding
the impact of this administrative interpretation.
JOHN SMEE appeared before the Commission and a discussion
ensued between the Commission, Community Development
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Department staff, and Mr. Smee regarding the impact of this
administrative interpretation.
COMMISSIONER HEINRICHS MOVED TO ENDORSE the administrative
interpretation option "A" (the 10% rule) presented by staff
with the following changes:
1. The second paragraph on Page 6 of 7, to read: "If a
land use requires owner occupancy in order to be
permitted and the owner ceases to use the residence as
their domicile, the right to continue the permitted use
ceases." The last sentence of the paragraph regarding
rental of the unit was deleted.
2. Clarify the administrative interpretation so that it is
clear that up to 20% of the lot can be utilized for
accessory uses.
The motion was seconded and CARRIED by unanimous voice vote.
There was no further old business.
VIII. NEW BUSINESS
A) Case S-87-036. Request for Planning and Zoning Commission
review and approval of the final plat for the subdivision of
Lot 4, Block 4, Miller Point Alaska Subdivision First
Addition to Lots 4A, 4B, 4C, and 4D. The preliminary plat
approved by the Commission on November 18, 1987, designated
the flag stems as "roadway and utility easement for the
exclusive use of Lots 4B and 4C." The proposed final plat
(received on November 3, 1988) designates the same roadway
and utility easement "for the exclusive use of Lots 4A, 4B,
4C, and 4D."
A discussion ensued among the Commissioners, with input from
Engineering Department staff and Community Development
Department staff, regarding the flag stems.
CHAIRMAN RENNELL recessed the meeting for five minutes.
CHAIRMAN RENNELL called the meeting back to order at 9:40
p.m.
The discussion continued regarding the flag stems and
practical access for the four (4) proposed lots. Larry
Chickering, Scott Arndt, and Ralph Collins participated in
the continued discussion along with the Commission,
Engineering and Community Development Department staff.
COMMISSIONER HEINRICHS MOVED TO APPROVE the change to the
plat note on the proposed final plat designating the roadway
and utility easement for the exclusive use of Lots 4A, 4B,
4C, and 4D, with the inclusion of the following statement on
the plat note:
The roadway easement shown for the exclusive use of
Lots 4A, 4B, 4C, and 4D does not necessarily provide
access for any lots that may be created by future
subdivisions of these lots.
The motion was seconded and CARRIED by unanimous roll call
vote.
There was no further new business.
111 IX. COMMUNICATIONS
COMMISSIONER HEINRICHS MOVED TO ACKNOWLEDGE RECEIPT of items A
through H of communications. The motion was seconded and CARRIED
by unanimous voice vote.
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A) Zoning Compliance Procedure
B) Letter dated October 20, 1988 to Edwin K. Kozak, Kodiak
Electric Association from Linda Freed.
C) Letter dated October 21, 1988 to Linda Freed from Joel H.
Bolger, re: Mark White v. Kodiak Island Borough (with
attachments)
D) Letter dated October 26, 1988 to David Hoffman, DCRA, from
Linda Freed, re: 1988 Kodiak Island Borough Population
Update (with attachments)
I E) Letter dated October 27, 1988, to Kurt LeDoux from Bob
Scholze, Associate Planner - Enforcement, re: Case 87-058.
F) Womens Bay Comprehensive Planning Committee Minutes from the
October 11, 1988 Meeting
G) Letter dated November 16, 1988, to John A. Parker from Duane
Dvorak, Associate Planner - Long Range Planning, re: Mill
Bay Road Zoning History (with attachments).
H) Letter dated November 16, 1988, to Jim and Terri Venable
from Patricia Miley, re: An appeal of a Planning and Zoning
Commission decision to deny Case 88-044, a request for an
exception from Section 17.17.020 (Permitted Uses) of the
Borough Code to permit the use of a lot zoned RR1--Rural
Residential One for fishing activities (gear storage) when
no owner occupied dwelling is present on the property. Lot
1, Block 3, Bells Flats Alaska Subdivision; 1296 Sargent
Creek Road.
Several of the items were discussed by the Commission and the
Community Development Department staff.
r There were no further communications.
X. REPORTS
COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of items A and
B of reports. The motion was seconded and CARRIED by unanimous
voice vote.
A) Status Report from the Community Development Department.
B) Borough Engineer's Report of Final Plat Approvals.
LINDA FREED reported that John Parker had filed an appeal to the
City of Kodiak regarding screening requirements. The appeal will
likely be scheduled for a January 1989 meeting. Ms. Freed also
reported on the Mark White litigation, and several violation
cases that may soon be forwarded to the Borough Attorney for
litigation.
There were no further reports.
XI. AUDIENCE COMMENTS
There were no audience comments.
r XII. COMMISSIONERS' COMMENTS
COMMISSIONER HARTT NOMINATED TOM HENDEL AS VICE CHAIRMAN OF THE
PLANNING AND ZONING COMMISSION. The motion was seconded and
CARRIED by unanimous voice vote.
The Commissioners thanked Chairman Rennell for his service to the
Commission.
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A discussion ensued among the Commissioners, with input from
Community Development Department staff, regarding the Venable
Appeal. The Commission requested staff to schedule a joint
worksession with the Assembly in February or March 1989 (after
new Commissioners are seated) to discuss fishing gear storage.
The consensus of the Commission was to present the Assembly with
a Commission recommendation that specifies criteria for reviewing
requests for fishing gear storage on residential lots and to ask
for the Assembly's endorsement of that recommendation.
COMMISSIONER KNUDSEN MOVED TO ADOPT the findings contained in the
staff report dated October 27, 1988 as "Findings of Fact" for
�-- Case 88-059. The motion was seconded and CARRIED by unanimous
voice vote.
FINDINGS OF FACT
1. Exceptional physical circumstances or conditions applicable
The exceptional physical conditions applicable to the
property are the topography and size of the lot. The lot
slopes away from the Mission Road right-of-way so the only
parking available is by constructing elevated parking or
using retaining walls and infilling to the level of the
roadway. Lot 9, Block 33, East Addition is a nonconforming
lot of record, containing five thousand seven hundred
sixty-four (5,764) square feet of area.
2. Strict application of the zoning ordinances would result in
Practical difficulties or unnecessary hardships
Strict application of the Zoning Ordinance does not permit
accessory buildings to locate in the side yard or to exceed
the ten (10) percent maximum lot coverage allowed for
accessory buildings. The applicant has not shown where this
would result in practical difficulties or unnecessary
hardships concerning the use of the property. The applicant
will not gain anymore parking area by building an additional
garage that encroaches into the side yard.
3.
Granting of the variance would not result in material damage
to other properties in the vicinity, however, it might
prejudice other properties in that it could be perceived as
a precedent by other property owners along the Mission Road
and Spruce Cape Road developing corridor. There is a lot of
development pressure at various points along Mission and
Spruce Cape roads. Especially in areas where present zoning
allows for R2--Two-Family or R3--Multifamily development.
Where these areas also coincide with similar topography,
i.e. on the downhill side of the road facing the water,
many more requests can be expected from developers who would
like to encroach the side yard in order to provide
additional parking or who would like to maximize profits by
subdividing to the smallest allowable area under the Code.
The applicant's current accessory building is built across
the lot line separating this lot from Lot 7, Block 1, Kodiak
Townsite. Therefore, the side yard has already been covered
on this one side. It would not be fair to properties in the
vicinity allow the applicant to exceed the side yard setback
on both sides of the lot without a compelling reason.
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The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
The comprehensive plan identifies this area for Medium
Density Residential Development. It does not identify any
objectives that would provide guidance in the determination
of this variance request.
5. That actions of the applicant did not cause special
conditions or financial hardship from which relief is being
sought by the variance.
In this case, the actions of the applicant have not caused
conditions from which relief is being sought by variance.
It appears that some development may have occurred under a
previous variance that has since expired. The applicant
will not take any action until this variance request has
been decided.
6. That the granting of the variance will not permit a
prohibited land use in the district involved
Accessory buildings are allowed in all land use districts
except the Watershed Zoning District.
XIII. ADJOURNMENT
CHAIRMAN RENNELL adjourned the meeting at 10:45 p.m.
r- ATTEST
r-
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
Tom Hendel, Chairman
By: *'e't't-. / " &
Patricia Miley, Slecretary
Community Development Department
DATE APPROVED: al, iq rp
A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
KIBS226636
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