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1988-12-21 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - DECEMBER 21, 1988 7:30 p.m. AGENDA I CALL TO ORDER II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of November 16, 1988 V AUDIENCE COMMENTS AND APPEARANCE REQUESTS VI PUBLIC HEARINGS A) 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) (Tabled from the November 16, 1988 Regular Meeting) B) Case 88-063. Request for a variance from Sections 17.03.100(1) (Airport Regulations) and 17.06.162 (Clear Zone) of the Borough Code to permit a six (6) foot fence and outdoor storage to encroach fifteen (15) feet into the municipal airport clear zone where the fence and stored items will not be higher than the ground elevation of the runway in a B--Business Zoning District. Lots 6A-1 and 6A-2, U.S. Survey 3098; 2025 Mill Bay Road (Harold Jones) C) Case 88-064. Request for a conditional use permit in accordance with Section 17.21.030D (Conditional Uses) of the Borough Code to permit the construction of a single-family dwelling on the second floor of an existing business structure. The single-family dwelling will not exceed fifty (50) percent of the area of the structure in a B--Business Zoning District. Lot 1B, Block 1, Holland Acres Subdivision First Addition; 2975 Mill Bay (W.R. Berkenbile) D) Case 88-065. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit a forty by sixty (40 x 60) foot fishing gear storage and shop building that contains a single-family dwelling (twenty (20) percent of the gross floor area of the building] to locate in a R1--Single-Family Residential Zoning District; and a Request for a variance from Section 17.18.050A (Yards) of the Borough Code to permit a sixteen by twenty-four (16 x 24) foot accessory building to project sixteen (16) feet into the right-of-way in a R1--Single-Family Residential Zoning District; and a Request to confirm the use of the property for outdoor storage of fishing gear as a nonconforming use in a R1--Single-Family Residential Zoning District. Lot 10B-2, r U.S. Survey 3099; 2766 Rezanof (Jon Smee) E) Case 88-066. Request for an exception from Section 17.21.030D (Conditional Uses) of the Borough Code to permit a detached garage that has been converted to a dwelling to continue to be used as a dwelling in a B--Business Zoning District. Lot 6A, Block 1, Allman LaLande Subdivision; 1412 Mill Bay (Rosie Palmateer/Marie J. Donat) F) Case 88-067. Request for a variance from Section 17.18.050A (Yards) of the Borough Code to permit a three and a half by eight (3.5 x 8) foot arctic entry addition to the front of an existing single-family residence which will project no more P & Z Agenda Page 1 of 3 December 21, 1988 KIBS226638 than three and a half (3.5) feet into the required seventeen and one half (17.5) foot front yard setback in a R1--Single-Family Residential Zoning District. Lot 1, Block 9, Aleutian Homes Subdivision; 215 Birch (Rico Sapalo) G) Case 88-068. Natural Use Zoning District Implementation. The purpose of this zoning district is to protect the natural environment, including wildlife habitat and water quality and quantity, while providing for the human use of fish, wildlife, and plant resources. This zoning district is also designed to: (1) protect trails on public lands; (2) protect waterways and their banks; and (3) discourage development by prohibiting the construction of most structures in this zoning district. This zoning district is proposed for application to: All lands lying westerly of Bells Flats and Russian Creek Alaska Subdivisions and easterly of the Womens Bay Drainage Boundary and southerly of Sargent Creek and northerly of Russian Creek; an area containing approximately six thousand (6,000) acres. In addition, the Womens Bay Comprehensive Planning Committee and Womens Bay Community Council recommend that Section 17.03 of the Borough Code be amended by adding a Section 17.03.110 which states: "Development (i.e., structures and excavation) shall maintain a minimum [recommended as either] fifty (50) or one hundred (100) foot setback from the ordinary high water (OHW) line on both sides of any anadromous waterbody identified pursuant to AS 16.05.870(D) and 5 AAC 95.010., and from r any saltwater water body. Docks, piers, marinas, and boathouses may be located closer than one hundred (100) feet and over the water provided they are not used for habitation and do not contain sanitary facilities. Structures permitted over water under this subsection shall conform to all applicable local, state, and federal statutes and regulations." H) Case 5-88-041. Request for preliminary approval of the vacation of Lots 1 and 2, Tract A, Woodland Acres Subdivision First Addition and replat to Lots 1A, 1B, 2A, and 2B; 3495 and 3527 Woodland Drive. (Todd Hiner/Craig H. Johnson) I) Case 5-88-042. Request for preliminary approval of the subdivision of Lot 4, Block 7, Miller Point Alaska Subdivision First Addition to Lots 4A, 4B, and 4C; 3438 An'tone Way. (George R. Reith/E. Ray and Wanda G. Boutwell) J) Case 5-88-043. Request for preliminary approval of the subdivision of Lot 4, Isthmus Bay Subdivision to Lots 4A through 4H and Isthmus Drive. (Dale L. and M. Marie Rice) r K) Case 5-88-044. Request for preliminary approval of the vacation of Track K. U.S. Survey 1396 (Lilly Lake), a Portion of Lot 2, U.S. Survey 3098, and an Unsubdivided Portion of U.S. Survey 3468 and replat to Tracts K-1 and K-2, U.S. Surveys 1396, 3098, and 3468. (Kodiak Island Borough) VII OLD BUSINESS A) Areawide Drainage Plan KIBS226639 B) Proposed revisions to the Planning and Zoning Commission By -Laws P & Z Agenda Page 2 of 3 December 21, 1988 VIII NEW BUSINESS IX COMMUNICATIONS A) Letter dated November 19, 1988, to the Planning and Zoning Commission from John A. Parker, re: Rezoning portions of Mill Bay Road. B) Letter dated November 29, 1988, to Albert D. Jefferson from C. Wayne Dolezal, ADF&G Habitat Biologist, re: Mining on Tugidak Island (with attachments). P- X REPORTS A) Community Development Department Monthly Status Report - November 1988. B) Borough Engineer's Report of Final Plat Approvals. 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. KIBS226640 P & Z Agenda Page 3 of 3 December 21, 1988 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - DECEMBER 21, 1988 7:30 p.m. AGENDA ADDITIONS IX COMMUNICATIONS C) Womens Bay Comprehensive Planning Committee: Minutes Minutes - October - November 25, 1988 22, 1988 (w/attachments) D) Letter dated December 7, 1988, to Bill Lamoreaux, ADEC, from Linda Freed, re: Septic Systems and Water Wells - Russian Creek Alaska Subdivision Plat #80-18 (w/distribution list) F F E) Letter dated December 11, 1988, to Linda Freed from Barbara Monkiewicz and response to Barbara Monkiewicz from Linda Freed dated December 14, 1988, re: Letter dated December 7, 1988, to Bill Lamoreaux, ADEC, from Linda Freed, re: Septic Systems and Water Wells - Russian Creek Alaska Subdivision Plat #80-18 (w/distribution list) F) Draft ordinance establishing a platting board. KIBS226637 P&Z Agenda Additions Page 1 of 1 December 21, 1988 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - DECEMBER 21, 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 Tom Hendel on December2l, 1988 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Tom Hendel, Chairman Duane Dvorak, Associate Planner, Jon Hartt Community Development Department Robin Heinrichs Patricia Miley, Secretary Mary Lou Knudsen Community Development Department Scott Thompson Dave Crowe, Borough Engineer Commissioners Absent: Others Absent: Two (2) vacant seats Linda Freed, Director Community Development Department A quorum was established. III. APPROVAL OF AGENDA Staff reported the following additions to the agenda: IX COMMUNICATIONS C) Womens Bay Comprehensive Planning Committee: Minutes - October 25, 1988 Minutes - November 22, 1988 (w/attachments) D) Letter dated December 7, 1988, to Bill Lamoreaux, ADEC, from Linda Freed, re: Septic Systems and Water Wells - Russian Creek Alaska Subdivision Plat #80-18 (w/distribution list) E) Letter dated December 11, 1988, to Linda Freed from Barbara Monkiewicz and response to Barbara Monkiewicz from Linda Freed dated December 14, 1988, re: Letter dated December 7, 1988, to Bill Lamoreaux, ADEC, from Linda Freed, re: Septic Systems and Water Wells - Russian Creek Alaska Subdivision Plat #80-18 (w/distribution list) F) Draft ordinance establishing a platting board. COMMISSIONER HEINRICHS 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 November 16, 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 There were no audience comments or appearance requests. KIBS226641 Page 1 of 20 P&Z Minutes: December 21, 1988 VI. PUBLIC HEARINGS A) 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) (Tabled from the November 16, 1988 Regular Meeting) DUANE DVORAK indicated 53 public hearing notices were mailed for November regular meeting and 2 were returned, in favor of this request. At the November meeting, the Commission directed staff not to distribute individual public hearing notices for the December public hearing. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: GENE MUELLER, applicant, appeared before the Commission and expressed support for this request. COMMISSIONER KNUDSEN asked the applicant if he would be willing to give up the variance granted to him in 1984. The applicant responded "yes." Public Hearing Closed. Regular Session Opened. A discussion ensued among the Commissioners regarding the 1984 variance granted to the applicant. I.yMMIAJIUNth I-ItINHIUH6 MOVED TO GRANT a request for a variance from Section 17.20.040C 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 on Lot 13A, Block 6, Leite Addition. The motion was seconded. my I IVN Dy aaaing the toliowing condition: "This variance nullifes the variance granted by Case 84-089. The AMENDMENT DIED for the lack of a second. The question was called and the MOTION CARRIED by majority roll call vote. COMMISSIONER HEINRICHS voted "no." The Commission deferred findings of fact to the end of the meeting. B) Case 88-063. Request for a variance from Sections 17.03.100(1) (Airport Regulations) and 17.06.162 (Clear Zone) of the Borough Code to permit a six (6) foot fence and outdoor storage to encroach fifteen (15) feet into the municipal airport clear zone where the fence and stored items will not be higher than the ground elevation of the runway in a B--Business Zoning District. Lots 6A-1 and 6A-2, U.S. Survey 3098; 2025 Mill Bay Road (Harold Jones) DUANE DVORAK indicated 40 public hearing notices were mailed for this case and 4 were returned, opposing this request. Staff recommended denial of this request. COMMISSIONER HARTT requested a clarification of a potential conflict of interest. COMMISSIONER HARTT stated that he was employed by All Alaskan Seafoods. CHAIRMAN HENDEL ruled COMMISSIONER HARTT had no conflict of interest in this case. Regular Session Closed. Public Hearing Opened: JIM ASHFORD appeared before the Commission and expressed opposition to this request. KIBS226642 Page 2 of 20 P&Z Minutes: December 21, 1988 TIM BLOTT, representing the applicant, appeared before the Commission and expressed support for this request. A discussion ensued between the COMMISSIONERS and Mr. Blott, regarding proposed conditions of approval. Among the conditions discussed were time limitations for the variance and review of compliance. ROLLAND RUOSS, representing the Kodiak Pilot's Association, appeared before the Commission and expressed opposition to allowing encroachments into the Municipal Airport Clear Zone. Mr. Ruoss then stated that in this particular case, because of this particular lot's terrain, that a six (6) foot fence with storage allowed only below the height of the fence, would be a "safe situation". Public Hearing Closed. Regular Session Opened. GUMMISSIUNER HEINRICHS MOVED TO GRANT a request for a variance from Section 17.03.100(1) and 17.06.162 of the Borough Code to permit a six foot fence and outdoor storage to encroach fifteen (15) feet into the municipal airport clear zone where the fence and stored items will not be higher than the ground elevation of the runway in a B-- Business Zoning District on Lots 6A-1 and 6A-2, U.S. Survey 3098, subject to the following conditions: The height of storage shall not exceed six (6) feet in the Clear Zone. Documented evidence of violation of this provision will cause this variance to be brought before the Planning and Zoning Commission for a public hearing to consider the revocation of the variance. 2. This variance is valid for a period of five (5) years (December 21, 1993), subject to favorable findings by the Planning and Zoning Commission subsequent to each annual review. Annual reviews will be scheduled for the Planning and Zoning Commission by the Kodiak Island Borough Community Development Department for December 1989, December 1990, December 1991, and December 1992. The motion was seconded and CARRIED by unanimous roll call vote. The Commission deferred findings of fact to the end of the meeting. C) Case 88-064. Request for a conditional use permit in accordance with Section 17.21.030D (Conditional Uses) of the Borough Code to permit the construction of a single-family dwelling on the second floor of an existing business structure. The single-family dwelling will not exceed fifty (50) percent of the area of the structure in a B--Business Zoning District. Lot 1B, Block 1, Holland Acres Subdivision First Addition; 2975 Mill Bay (W.R. Berkenbile) DUANE DVORAK indicated 22 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT a conditional use permit in accordance with Section 17.21.030D of the Borough Code to permit the construction of a single-family dwelling on the second floor of an existing business structure where the single-family dwelling will not exceed fifty (50) percent of the area of the structure in a B--Business Zoning District on Lot iB, Block 1, Holland Acres Subdivision First Addition; and to adopt the findings of the staff report dated November KIBS226643 Page 3 of 20 P&Z Minutes: December 21, 1988 22, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT �Ql 3. 9 It appears that the proposed use meets all the standards for a single-family residence within a commercial structure. The residence will occupy 350 - 370 square feet of the approximately 1400 square foot total floor area of the existing commercial building. A residence of this size should not detract from the business use of this and surrounding properties. The value, spirit, character, and integrity of the surrounding area will be maintained. The proposed use fulfills all other requirements of Chapter 17.21 (Business District). Staff developed a preliminary parking plan when the applicant obtained zoning compliance to construct the second floor office addition and found that there is adequate off- street parking for the combined uses of both business and residential. The proposed use will marginally increase traffic in the area, but not to an extent that it will result in any adverse impacts. The proposed use will not be harmful to the public health, safety, convenience, or comfort if all building, fire, and plumbing codes are met in the process of converting the second floor office to a residence and all performance standards for the Business District, Section 17.21.050, concerning groundcover, lighting, and screening are complied with. Sufficient area was determined to be available when the applicant originally obtained zoning compliance for the second floor office addition. Provision of any items not currently provided on site will be insured through the zoning compliance process at the time of permit application. D) Case 88-065. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit a forty by sixty (40 x 60) foot fishing gear storage and shop building that contains a single- family dwelling [twenty (20) percent of the gross floor area of the building] to locate in a R1--Single-Family Residential Zoning District; and a Request for a variance from Section 17.18.050A (Yards) of the Borough Code to permit a sixteen by twenty-four (16 x 24) foot accessory building to project sixteen (16) feet into the right-of- way in a R1--Single-Family Residential Zoning District; and a Request to confirm the use of the property for outdoor storage of fishing gear as a nonconforming use in a R1--Single- Family Residential Zoning District. Lot 10B-2, U.S. Survey 3099; 2766 Rezanof (Jon Smee) DUANE DVORAK indicated 27 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended denial of the exception request and approval of the variance request and the request for confirmation of the nonconforming use of the property for outdoor storage of fishing gear. Regular Session Closed. Public Hearing Opened: KIBS226644 Page 4 of 20 P&Z Minutes: December 21, 1988 AL BURCH, neighborhood resident, appeared before the Commission and expressed support for this request. JON SMEE, applicant, appeared before the Commission and expressed support for this request. Mr. Smee showed the Commission photographs depicting existing structures containing both an apartment and fishing gear storage. COMMISSIONER KNUDSEN questionned Mr. Smee about the access to the lot proposed for the structure. Mr. Smee responded that access for Lot 10B-2 is from Rezanof and access to Lot 10A-1 is from Spruce Cape Road. Mr. Smee stated that he would be providing a fence on the lot line adjoining the park. COMMISSIONER KNUDSEN then inquired about the applicant's "grandfather" rights for fishing gear storage. Mr. Smee responded that fishing gear stored on the lot historically fluctuates with the fishing seasons. COMMISSIONER HENDEL asked the applicant what the lot was zoned when he bought the lot. Mr. Smee responded that the lot was then zoned Rural Residential One. JIM BERG, 2674 Spruce Cape Road, appeared before the Commission and expressed opposition to this request. A discussion ensued between the COMMISSIONERS and Mr. Berg regarding traffic impacts. SID COZART appeared before the Commission and expressed opposition to this request. A discussion ensued between the COMMISSIONERS and Mr. Cozart regarding traffic impacts. BILL WEVER, owner of Lot 10A-2, appeared before the Commission and generally discussed this request, stating in part that he was neither for nor against this request. A discussion ensued between the COMMISSIONERS and Mr. Wever regarding traffic impacts and fire safety issues. AL BURCH reappeared before the Commission and expressed support for this request, stating in part that Kodiak's economy was healthy because it is based on fishing activities. Public Hearing Closed. Regular Session Opened. The Commission determined the order of the three (3) motions they had before them for this case. COMMISSIONER HEINRICHS MOVED TO CONFIRM the use of Lot 1013-2, U.S. Survey 3099, for the purpose of outdoor commercial fishing gear storage as a legitimate nonconforming use of land in the R1-- Single-Family Residential Zoning District, as evidenced by public testimony and staff research. The motion was seconded and CARRIED by majority roll call vote. COMMISSIONER KNUDSEN voted "no." COMMISSIONER HEINRICHS MOVED TO GRANT a request for a variance from Section 17.18.050A of the Borough Code to permit a sixteen by twenty-four (16 x 24) foot accessory building to project sixteen (16) feet into the right-of-way in a R1--Single-Family Residential Zoning District along Lot 10B-2, U.S. Survey 3099, subject to the conditions of approval outlined in the staff report dated November 22, 1988 and to adopt the findings contained in the staff report dated November 22, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The accessory building will be maintained at the applicant's sole expense. KIBS226645 Page 5 of 20 P&Z Minutes: December 21, 1988 2. The applicant assumes any liability associated with said accessory building on State-owned property. 3. If at a future date the State determines that the accessory building must be removed from the State-owned property, the applicant or any subsequent owner of Lot 1013-2, U.S. Survey 3099, agrees to remove same without cost to the State. 4. Since the land is publicly owned, no prescriptive right accrues to the user. 5. The accessory building shall not reduce any required off-street parking. 6. A letter of approval from the State of Alaska Department of Transportation and Public Facilities approving the applicant's use of the Rezanof Drive East right-of-way must be on file with the Kodiak Island Borough Community Development Department prior to issuance of zoning compliance. FINDINGS OF FACT N 3. 4. The exceptional condition applicable to the intended use of the property is largely a perceptual one. Typically, the average property owner assumes that all the land out to the sidewalk or roadway edge is their "yard," and that they should be able to use that yard as an extension of their own property. In addition, another exceptional condition of this property is the fairly steep topography of the applicant's lot which slopes away from the Rezanof Drive East right-of-way. Strict application of the zoning ordinances would require the applicant to build a primary structure on the lot in order to be allowed to locate an accessory building on the property. Approval to build such a building is partially addressed by preceding exception request. In addition, accessory buildings are traditionally located in the side or rear yard of a lot. This is a practical difficulty for the applicant due to the topography of the lot. The applicant would have a hard time accessing the rear yard of the lot due to the unfavorable topography. Granting of a variance will not be detrimental to the public's health, safety or welfare because the building will not cause a line of sight problem along Rezanof Drive East due to its height or placement in the right-of-way. Also, the conditions outlined below ensure that any future removal of the of the accessory building will not impose a cost to the public. 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 accessory buildings. The main use of the property will either be for residential purposes, as consistent with the Comprehensive Plan or for fishing gear storage if the preceding exception is granted by the Commission. gIBS226646 Page 6 of 20 P&Z Minutes: December 21, 1988 5. In this instance, actions of the applicant have caused the conditions from which relief is being sought by variance. This is due to the fact the building was placed in its present location prior to the granting of the variance. However, staff believes that the variance would have been requested prior to the initiation of the accessory building placement if the applicant had understood that it was necessary. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Accessory buildings are allowed in all land use districts except for W--Watershed Zoning District. COMMISSIONER HARTT MOVED TO GRANT an exception from Section 17.18.020 of the Borough Code to permit a forty by sixty (40 x 60) foot fishing gear storage and shop building that contains a single- family dwelling [twenty (20) percent of the gross floor area of the building] to locate in a R1--Single-Family Residential Zoning District on Lot 106-2, U.S. Survey 3099. The motion was seconded and FAILED by majority roll call vote. Commissioners Hartt, Heinrichs, Hendel, and Knudsen voted "no." A discussion ensued between the Commissioners regarding the Assembly's instructions to the Commission at a joint worksession held on Decmeber 20, 1988. The Assembly requested that the Commission not permit fishing gear storage where it is disallowed by the Borough Code. The discussion also included a suggested "Kodiak compromise" in this particular instance. Mr. Smee expressed general agreement with the compromise. It was the opinion of the Commission that the use of the structure as proposed by the applicant generally met the intent and definition of a home occupation. COMMISSIONER HEINRICHS MOVED TO GRANT an exception from Section 17.18.020 of the Borough Code to permit a forty by sixty (40 x 60) foot fishing gear storage and shop building to locate in a R1--Single- Family Residential Zoning District on Lot 1013-2, U.S. Survey 3099; subject to the following conditions: 1. The lot line between Lots 10B-1 and 1013-2, U.S. Survey 3099 must be vacated and the lots replatted into one (1) lot. 2. The ratio of the proposed building to lot size is expressly permitted by the Planning and Zoning Comission for the forty by sixty (40 x 60) foot building as requested by the applicant. (No apartment is permitted as part of this motion.) 3. The applicant must provide and maintain screening between Lots 10A-2 and 11, U.S. Survey 3099 and the lot created by condition of approval number one (1) above. The motion was seconded. A discussion ensued between the Commissioners regarding the impact of this motion on the structural requirements of the Uniform Building Code (UBC) concerning "commercial buildings." The question was called and the MOTION CARRIED by majority roll call vote. Commissioner Knudsen voted "no." E) Case 88-066. Request for an exception from Section 17.21.030D (Conditional Uses) of the Borough Code to permit a detached garage that has been converted to a dwelling to continue to be used as a dwelling in a B--Business Zoning District. Lot 6A, Block 1, Allman LaLande Subdivision; 1412 Mill Bay (Rosie Palmateer/Marie J. Donat) KIBS226647 Page 7 of 20 P&Z Minutes: December 21, 1988 DUANE DVORAK indicated 49 public hearing notices were mailed for this case and 1 was returned, expressing non -objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: BOB SCOTT, representing the owner for Chelsea Realty, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT an exception from Section 17.21.030D of the Borough Code to permit a detached garage that has been converted to a dwelling to continue to be used as a dwelling in a B--Business Zoning District on Lot 6A, Block 1, Allman Lalande Subdivision, subject to the following conditions of approval and to adopt the findings contained in the staff report dated November 22, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The owner must obtain a building permit for the detached single- family residence and within six months make any and all necessary changes required by the building official in order for the structure to meet the building safety standards required by the Uniform Building Code and other applicable codes. 2. The owner must construct and maintain an off-street parking plan approved by the Community Development Department as a part of the zoning compliance process. 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 this detached residential structure to locate in a B--Business district should not be detrimental to the public's general health, safety and welfare. This use does not adversely impact the surrounding properties and would not exceed the amount of residential use that is currently occurring in the main structure on the lot which is allowable as an existing nonconforming use. The primary concern is the safety of the detached dwelling itself. With no building permit having been obtained, it is questionable whether the detached structure is in compliance with the safety standards required by the Uniform Building Code for residential construction. Approval of an exception by the Commission should include conditions that the applicant obtain a building permit for the structure and make all necessary improvements that the building inspector may require in order to bring the structure up to Uniform Building Code specifications. B. The proposed use would be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Section 17.21.030D (Conditional Uses) of the Borough Code. The code does allow for a residential dwelling to be located on a Business zoned lot by Conditional Use, as long as it is inside the same structure and constitutes less than 50 percent of the gross floor area. KIBS226648 Page 8 of 20 P&Z Minutes: December 21, 1988 This case is different in that the proposed dwelling is detached from the primary building on the lot. This detached dwelling will not result in an increase in allowable density as long as the existing residential area in the main structure is converted to additional business area as the applicant plans. The remaining detached residence would constitute much less than 50 percent of gross floor area of the entire business structure when this has been accomplished. The detached dwelling, at 853 r square feet of area, will equal about fifty (50) percent of the approximately 1700 square feet gross floor area for the main business structure. This request is consistent with the Kodiak Island Borough Comprehensive Plan, however, the plan is out of date for this area. C. The proposed use, while not exactly fitting with the character of the surrounding business land uses, would not result in any adverse impacts to area properties. A residential use is allowed by Conditional Use in a B--Business Zoning District. The owner already has one legal residence on the lot which has been grandfathered. The applicant would like to convert that residential area to a business use, if she is permitted by exception maintain the detached dwelling as a valid land use. CHAIRMAN HENDEL recessed the meeting for ten (10) minutes. CHAIRMAN HENDEL reconvened the meeting at 10:05 p.m. F) Case 88-067. Request for a variance from Section 17.18.050A (Yards) of the Borough Code to permit a three and a half by eight (3.5 x 8) foot arctic entry addition to the front of an existing single-family residence which will project no more than three and a half (3.5) feet into the required seventeen and one half (17.5) foot front yard setback in a R1-- Single-Family Residential Zoning District. Lot 1, Block 9, Aleutian Homes Subdivision; 215 Birch (Rico Sapalo) DUANE DVORAK indicated 69 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: CRAIG JOHNSON, representing the 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 a variance from Section 17.18.050A of the Borough Code to permit a three and one half by eight (3.5 x 8) foot arctic entry addition to the front of an existing single-family residence which will project no more than three and a half (3.5) feet into the required seventeen and one half (17.5) foot front yard setback in a R1--Single-Family Residential Zoning District on Lot 1, Block 9, Aleutian Homes Subdivision and to adopt the findings contained in the staff report dated December 2, 1988, as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT In this case the exceptional physical conditions on the lot are the nonconforming lot size of 4,648 square feet and the nonconforming placement of the existing structure on the lot where it is only seventeen and one half (17.5) feet from the Birch KIBS226649 Page 9 of 20 P&Z Minutes: December 21, 1988 2. 3. a 61 M Street right-of-way. Due to these conditions, construction of any addition to the front of the existing single-family residence will require a variance. The strict application of the zoning ordinance will not allow the addition of an arctic entry. This is a practical difficulty and unnecessary hardship when many other residences in Aleutian Homes and surrounding subdivisions have arctic entries and covered decks. Granting of this variance will not result in material damages or prejudice to other properties in the area. A substantial number of other residences in the area have arctic entries and covered decks. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for Medium Density Residential Development. The addition will not increase the existing density or permitted land uses. In this case, actions of the applicant have not caused the conditions from which relief is being sought by variance. The variance will be decided prior to the construction of the arctic entry. That the granting of the variance will not permit a prohibited land use in the district involved. Additions to single-family residences are a permitted land use in the R1--Single-Family Residential Zoning District. G) Case 88-068. Natural Use Zoning District Implementation. The purpose of this zoning district is to protect the natural environment, including wildlife habitat and water quality and quantity, while providing for the human use of fish, wildlife, and plant resources. This zoning district is also designed to: (1) protect trails on public lands; (2) protect waterways and their banks; and (3) discourage development by prohibiting the construction of most structures in this zoning district. This zoning district is proposed for application to All lands lying westerly of Bells Flats and Russian Creek Alaska Subdivisions and easterly of the Womens Bay Drainage Boundary and southerly of Sargent Creek and northerly of Russian Creek; an area containing approximately six thousand (6,000) acres." In addition, the Womens Bay Comprehensive Planning Committee and Womens Bay Community Council recommend that Section 17.03 of the Borough Code be amended by adding a Section 17.03.110 which states: "Development (i.e., structures and excavation) shall maintain a minimum [recommended as either] fifty (50) or one hundred (100) foot setback from the ordinary KIBS226650 Page 10 of 20 P&Z Minutes: December 21, 1988 high water (OHW) line on both sides of any anadromous waterbody identified pursuant to AS 16.05.870(a) and 5 AAC 95.010., and from any saltwater water body. Docks, piers, marinas, and boathouses may be located closer than one hundred (100) feet and over the water provided they are not used for habitation and do not contain sanitary facilities. Structures permitted over water under this subsection shall conform to all applicable local, state, and federal statutes and regulations." DUANE DVORAK indicated 11 public hearing notices were mailed for this case and 7 were returned, 6 in favor and 1 expressing non - objection to this request. It was also noted that Wayne Dolezal, Alaska Department of Fish and Game Habitat Division, had send a "fax" copy of a letter which suggested some wording changes. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: FORREST BLAU, a member of the Womens Bay Community Council and the Coordinator of the Womens Bay Comprehensive Planning Committee, appeared before the Commission and expressed support for this request. WAYNE BERRY appeared before the Commission and expressed support for this request. COMMISSIONER THOMPSON requested Mr. Berry to review the history of this case as he had not been able to keep abreast of its progress through the past year. Mr. Berry reviewed the process, with input from FORREST BLAU. NANCY PADGET appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt and incorporate into Title 17, the Natural Use Zoning District. The Commission further recommends that all lands lying westerly of Bells Flats and Russian Creek Alaska Subdivisions and easterly of the Womens Bay Drainage Boundary and southerly of Sargent Creek and northerly of Russian Creek, an area containing approximately six thousand (6,000) acres, be rezoned to Natural Use; AND MOVED TO RECOMMEND that the Kodiak Island Borough Assembly amend Section 17.03 of the Borough Code by adding a Section 17.03.110 which states: "Development (i.e., structures, clearing, filling, or excavation) shall maintain a minimum one hundred (100) foot setback from the ordinary high water (OHW) line on both sides of any anadromous waterbody identified pursuant to AS 16.05.870(a) and 5 AAC 95.010., and from any saltwater water body. Docks, piers, marinas, and boathouses may be located closer than one hundred (100) feet if on pilings and over the water provided they are not used for habitation and do not contain sanitary facilities. Structures permitted over water under this subsection shall conform to all applicable local, KIgS226651 state, and federal statutes and regulations." Page 11 of 20 P&Z Minutes: December 21, 1988 GAME IN THEIR LETTER DATED DECEMBER 21 1988 The motion was seconded. A discussion ensued between the Commissioners regarding the suggested language changes incorporated in this motion. The concensus of the Commission was to recess the meeting so that the Commission could review these language changes. CHAIRMAN HENDEL recessed the meeting at 10:35 p.m. CHAIRMAN HENDEL reconvened the meeting at 10:40 p.m. The discussion continued and the consensus of the Commission was to discuss these language changes more thoroughly in a worksession. COMMISSIONER HEINRICHS MOVED TO TABLE Case 88-068 for another public hearing at the January 1989 regular meeting and directed staff to distribute public hearing notices. The motion was seconded and CARRIED by majority roll call vote. Commissioner Hendel voted "no." COMMISSIONER HEINRICHS clarified the intent by stating that the original eleven (11) property owners were to be sent public hearing notices. beyond 11:00 p.m. The motion was seco by unanimous voice vote. H) Case S-88-041. Request for preliminary approval of the vacation of Lots 1 and 2, Tract A, Woodland Acres Subdivision First Addition and replat to Lots 1A, 1B, 2A, and 213; 3495 and 3527 Woodland Drive. (Todd Hiner/Craig H. Johnson) DAVE CROWE indicated 63 public hearing notices were mailed for this case and 3 were returned and included in the additional handouts. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: SID COZART appeared before the Commission and expressed concerns with the manner in which public hearing notices were distributed for this request; requesting that due to the lateness of receipt of these notices that the request be tabled for another public hearing at the January 1989 meeting, and that the public hearing notice radius be enlarged as this was a "neighborhood issue" and that the entire neighborhood ought to be provided an opportunity to express themselves. BRUCE BARRETT appeared before the Commission and expressed opposition to this request, stating that he concurred with Mr. Cozart's comments regarding the public hearing notices. MERLE BROWN appeared before the Commission and expressed concurrence with Mr. Cozart's and Mr. Barrett's comments. COMMISSIONER HEINRICHS inquired of Mr. Brown regarding the drainage impacts of the proposed subdivision. A discussion ensued between the Commission and Mr. Brown regarding the drainage of the area included in the request. CRIAG JOHNSON, representing the applicant, appeared before the Commission and expressed support for this request. PIERRE COSTELLO appeared before the Commission and expressed support for this request. MERLE BROWN reappeared before the Commission and reviewed the history of the area and the history of past subdivisions in the area. KIBS226652 Page 12 of 20 P&Z Minutes: December 21, 1988 BRUCE BARRETT reappeared before the Commission and expressed opposition to this request. CHAIRMAN HENDEL read public hearing notice comments received from Mignon Brown and Michael Treston into the record. Public Hearing Closed. Regular Session Opened. for another public hearing at the January 1989 regular meetinc motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS clarified the intent of the motion was to redistribute public hearing notices to the original 500 foot radius. 1) Case S-88-042. Request for preliminary approval of the subdivision of Lot 4, Block 7, Miller Point Alaska Subdivision First Addition to Lots 4A, 413, and 4C; 3438 Antone Way. (George R. Reith/E. Ray and Wanda G. Boutwell) DAVE CROWE indicated 34 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: GEORGE REITH appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. approval of the subdivision of Lot 4, Block 7, Miller Point Alaska Subdivision First Addition to Lots 4A, 4B, and 4C. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO DIRECT STAFF to make a site visit on June 30, 1989 to determine whether or not the fishing gear has been either removed or brought into compliance with the Borough Code. If compliance has not occurred, staff is directed by the Commission to begin an enforcement action. The motion was seconded and CARRIED by unanimous voice vote. J) Case S-88-043. Request for preliminary approval of the subdivision of Lot 4, Isthmus Bay Subdivision to Lots 4A through 4H and Isthmus Drive. (Dale L. and M. Marie Rice) DAVE CROWE indicated 62 public hearing notices were mailed for this case and 1 was returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: MARIE RICE appeared before the Commission and expressed support for the postponement of this request. CHAIRMAN HENDEL read a public hearing notice response from Cliff Stone into the record. Public Hearing Closed. Regular Session Opened. i U i nt APPLICANT for revision and directed staff to place the request on the Commission's agenda for another public hearing when it was returned by the applicant. The motion was seconded and CARRIED by unanimous roll call vote. KIBS226653 Page 13 of 20 P&Z Minutes: December 21, 1988 K) Case S-88-044. Request for preliminary approval of the vacation of Track K, U.S. Survey 1396 (Lilly Lake), a Portion of Lot 2, U.S. Survey 3098, and an Unsubdivided Portion of U.S. Survey 3468 and replat to Tracts K-1 and K-2, U.S. Surveys 1396, 3098, and 3468. (Kodiak Island Borough) DAVE CROWE indicated 130 public hearing notices were mailed for this case and that the Engineering Department had received numerous telephone calls regarding this request. Staff recommended postponement of this request. Regular Session Closed. Public Hearing Opened: CINDY CATHY, a property owner in the notice area, appeared before the Commission and expressed confusion about this request. RUSS CLENEMACK, a property owner in the notice area, appeared before the Commission and expressed concurrence with Ms. Cathy's comments regarding this request. Public Hearing Closed. Regular Session Opened. A discussion ensued between the Commissioners and the Engineering Department regarding this request. The concensus of the Commission was that this request was very confusing. COMMISSIONER HARTT MOVED TO TABLE Case S-88-044 until the Commission received further input from Borough staff regarding this vacation and replat. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HARTT stated that the intent of the motion was to "postpone" this request. The Commission concurred with Commissioner Hartt noting that they preferred the term "table" as they were not expert in Robert's Rules of Order's technicalities. BOB SCOTT requested that he be allowed to speak to the Commission regarding Case 88-066. The concensus of the Commission was to hear Mr. Scott. E) Case 88-066. Request for an exception from Section 17.21.030D (Conditional Uses) of the Borough Code to permit a detached garage that has been converted to a dwelling to continue to be used as a dwelling in a B--Business Zoning District. Lot 6A, Block 1, Allman LaLande Subdivision; 1412 Mill Bay (Rosie Palmateer/Marie J. Donat) Regular Session Closed. Public Hearing Opened: BOB SCOTT, representing the owner for Chelsea Realty, appeared before the Commission and stated that he had found the building permit that was required by staff and that he would like the Commission to reconsider their action and change the conditions of approval. Public Hearing Closed. Regular Session Opened. UNAN i iNu of an exception trom Section 17.21.030D of the Borough Code to permit a detached garage that has been converted to a dwelling to continue to be used as a dwelling in a B--Business Zoning District on Lot 6A, Block 1, Allman Lalande Subdivision, subject to the following conditions of approval and to adopt the findings contained in the staff report dated November 22, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous voice vote. GRANT an exception from Section 17.21.030D of the Borough Code to permit a detached garage that has been converted to a dwelling to KIBS226654 Page 14 of 20 P&Z Minutes: December 21, 1988 continue to be used as a dwelling in a B--Business Zoning District on Lot 6A, Block 1, Allman Lalande Subdivision, subject to the following revised conditions of approval and to adopt the findings contained in the staff report dated November 22, 1988 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The owner must present to the Kodiak Island Borough Community Development Department a valid building permit and certificate of occupancy for the detached single-family residence. If a valid building permit and certificate of occupancy is not presented, the applicant must obtain a building permit within six months make any and all necessary changes required by the building official in order for the structure to meet the building safety standards required by the Uniform Building Code and other applicable codes. 2. The owner must construct and maintain an off-street parking plan approved by the Community Development Department as a part of the zoning compliance process. 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 this detached residential structure to locate in a B--Business district should not be detrimental to the public's general health, safety and welfare. This use does not adversely impact the surrounding properties and would not exceed the amount of residential use that is currently occurring in the main structure on the lot which is allowable as an existing nonconforming use. The primary concern is the safety of the detached dwelling itself. With no building permit having been obtained, it is questionable whether the detached structure is in compliance with the safety standards required by the Uniform Building Code for residential construction. Approval of an exception by the Commission should include conditions that the applicant obtain a building permit for the structure and make all necessary improvements that the building inspector may require in order to bring the structure up to Uniform Building Code specifications. B. The proposed use would be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Section 17.21.030D (Conditional Uses) of the Borough Code. The code does allow for a residential dwelling to be located on a Business zoned lot by Conditional Use, as long as it is inside the same structure and constitutes less than 50 percent of the gross floor area. This case is different in that the proposed dwelling is detached from the primary building on the lot. This detached dwelling will not result in an increase in allowable density as long as the existing residential area in the main structure is converted to additional business area as the applicant plans. The remaining detached residence would constitute much less than 50 percent of gross floor area of the entire business structure when this has been accomplished. The detached dwelling, at 853 square feet of area, will equal about fifty (50) percent of KIBS226655 Page 15 of 20 P&Z Minutes: December 21, 1988 r.— VII. VIII IX. the approximately 1700 square feet gross floor area for the main business structure. This request is consistent with the Kodiak Island Borough Comprehensive Plan, however, the plan is out of date for this area. C. The proposed use, while not exactly fitting with the character of the surrounding business land uses, would not result in any adverse impacts to area properties. A residential use is allowed by Conditional Use in a B-- Business Zoning District. The owner already has one legal residence on the lot which has been grandfathered. The applicant would like to convert that residential area to a business use, if she is permitted by exception maintain the detached dwelling as a valid land use. OLD BUSINESS A) Areawide Drainage Plan of Uld Business Item A. The motion was seconded and unanimous voice vote. B) Proposed revisions to the Planning and Zoning Commission By -Laws COMMISSIONER KNUDSEN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt the revised Planning and Zoning Commission By -Laws. The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. NEW BUSINESS There was no new business. COMMUNICATIONS wlvuvna0IUrvtrs nlvUL)6LN MUVtu IO ACKNOWLEDGE RECEIPT of items A through F of communications AND directed staff to place Item A on the Commission's January 1989 agenda as an item of Old Business. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated November 19, 1988, to the Planning and Zoning Commission from John A. Parker, re: Rezoning portions of Mill Bay Road. B) Letter dated November 29, 1988, to Albert D. Jefferson from C. Wayne Dolezal, ADF&G Habitat Biologist, re: Mining on Tugidak Island (with attachments). C) Womens Bay Comprehensive Planning Committee: Minutes - October 25, 1988 Minutes - November 22, 1988 (w/attachments) D) Letter dated December 7, 1988, to Bill Lamoreaux, ADEC, from Linda Freed, re: Septic Systems and Water Wells - Russian Creek Alaska Subdivision Plat #80-18 (w/distribution list) E) Letter dated December 11, 1988, to Linda Freed from Barbara Monkiewicz and response to Barbara Monkiewicz from Linda Freed dated December 14, 1988, re: Letter dated December 7, 1988, to Bill Lamoreaux, ADEC, from Linda Freed, re: Septic Systems and Water Wells - Russian Creek Alaska Subdivision Plat #80-18 (w/distribution list) F) Draft ordinance establishing a platting board. There were no further communications. KIBS226656 Page 16 of 20 P&Z Minutes: December 21, 1988 X. REPORTS items A and B of reports The motioow m'-1F%1'4%1YvL-r-1JUr KLUEIPT of n was seconded and CARRIED by unanimous voice vote. A) Status Report from the Community Development Department. B) Engineer's Report of Final Plats Approved. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER THOMPSON MOVED TO ADOPT the following findings of fact for Case 88 063: 2. 3. U 9 The exceptional condition applicable to the property is the fact that it is located contiguous to the Kodiak Municipal airport. As a result Lots 6A- 1 and 6A-2 have height, clear zone and parking zone restrictions on all or portions of the property which generally do not apply to other properties in the B--Business Zoning District. The height restriction does not allow construction of structures above thirty-five (35) feet in height when the usual limit for the Business District is fifty (50) feet. The clear zone restriction affects fifteen feet across the rear of the lot where the placement of structures or outdoor storage are not permitted. The Business District normally does not require a development setback from front, side and rear lot lines. Strict application of the Zoning Ordinance would not allow a six (6) foot fence or outdoor storage to be placed in the clear zone of the Kodiak Municipal Airport. This will result in practical difficulty for the applicant if he wishes to use the property to its maximum potential. Granting of the variance would not result in material damage or Prejudice to other properties in the area. Because the lots are six (6) feet lower than the runway, outdoor storage that does not exceed six (6) feet in height would not pose a safety hazard to the operation(s) of the neighboring Kodiak Municipal Airport. A requirement to monitor the storage on an annual basis would further ensure that outdoor storage does not exceed these limits. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for Light Industrial. The use proposed by this request for variance is less likely to have adverse impacts than the development envisioned by the Comprehensive Plan. 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. KIBS226657 Page 17 of 20 P&Z Minutes: December 21, 1988 Fences and outdoor storage are allowed in the B--Business Zoning District. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER KNUDSEN MOVED TO ADOPT the following findings of fact for Case 88-061: The exceptional condition applicable to the property is the fact that the lot orientation has been modified by an action of the Planning and Zoning Commission. If the orientation of the front and side yards on this corner lot had not been reversed, then the applicant would not have needed to apply for a variance to build this addition. 2. Strict application of the Zoning Ordinance would not allow the addition that the applicant is requesting. This would be an unnecessary hardship when other dwellings in the same zoning district have been approved for enclosed arctic entry/mudroom additions which project farther into the required setback and cover a greater percentage of the available yard. 9 Granting of the variance will not result in material damage or prejudice to other properties in the area. The allowable density in the area has not been achieved because most lots are nonconforming due to both size and width. One result however is that the existing dwellings in the area, on average, occupy a much greater percentage of available lot area than other areas where lot sizes are generally conforming at 7,200 square feet or larger. In addition, this variance will not be detrimental to the public's health, safety and welfare. 9 Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for High Density Residential Development. Although the potential remains, this proposed action will not change the existing density in the area. A 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. That the arantina of the variance will not oermit a prohibited land use in Additions to residential structures which increase floor area are permitted in all residential land use districts when all other Zoning Code provisions have been met. The motion was seconded and CARRIED by unanimous voice vote. KIBS226658 Page 18 of 20 P&Z Minutes: December 21, 1988 COMMISSIONER HEINRICHS MOVED TO ADOPT the following findings of fact for Case 88-065: 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 a forty by sixty (40 by 60) foot gear storage building to locate in an R1--Single Family Residential Zoning District should not adversely affect the public's general health, safety and welfare. The property owner has "grandfather rights" to store fishing gear on the lot proposed as well as the some of the surrounding lots. If so, it would benefit the surrounding area, in terms of health and safety, to have as much of this fishing gear as possible inside a structure. It would also marginally improve the aesthetics of the area. However there are many other nonconforming uses in this area so it could also be said that the use of the land for commercial fishing gear storage fits the area, if not the Code. B) The proposed use is consistent with the general purposes and intent of Title 17 and with the specific description and intent of Section 17.18.020 of the Borough Code, since the approval granted does not allow an apartment to be constructed in the structure. Home occupations and accessory buildings are allowable uses in the R1--Single-Family Residential Zoning District. The requirement of conditions of approval to vacate the lot line between Lots 1013-1 and 1013-2, U.S. Survey 3099 and the provision of screening will help to assure that this proposed development will be consistent with the intent of the code. C) The proposed use, while not exactly fitting with the character of the R1--Single-Family Residential Zoning District, would not result in any adverse impacts to the surrounding properties. The adjacent lot, Lot 1013-1, U.S. Survey 3099, is owned by the applicant and is occupied by a single-family residence. Lot 11, U.S. Survey 3099, another adjacent lot is owned by the Kodiak Island Borough and is currently being used as a neighborhood park. The topography of the lot would provide an element of visual screening from the existing Rezanof Drive East roadway due to the fact that most of the development on Lot 10B-2 would be below the visible horizon of passing motorists. The requirement of screening along the side and rear of Lot 10B-2 would minimize any visual impacts to the neighboring residential developments as a result of permitting the applicant's requested land use. It should be noted that this area, having been relatively recently rezoned to R1--Single-Family Residential in 1984, has many nonconforming uses as well as structures still in evidence. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER KNUDSEN commented that she felt she had a valid conflict of interest in Case 88-065 and that she felt she had deserved an opportunity to step down from the Commission in this case. COMMISSIONER THOMPSON commented that he thought it had been his duty to represent the business community on the Commission and that he felt his service had made an impact on the Commission regarding business interest in this community. KIBS226659 Page 19 of 20 P&Z Minutes: December 21, 1988 XIII. ADJOURNMENT CHAIRMAN HENDEL adjourned the meeting at 12:45 a.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: I —0ft k�� om Hen e, Chairman ATTEST By: I " 4 Patricia Mil ecretary Community a elopment Department DATE APPROVED: A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226660