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1984-07-18 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - July 18, 1984 MINUTES I CALL TO ORDER CHAIRMAN GREGG called the Regular Meeting of July 18, 1984 to order at 7:35 p.m. in the Borough Assembly Chambers, Kodiak, Alaska. II ROLL CALL Commissioners Present: Also Present: Steve Rennell Linda Freed, Director Marlin Knight Community Development Department Virginia Crowe Ken Gregg, Chairman Bud Cassidy, Assistant Planner/ Tim Hill Zoning Officer, Community Dan James Development Department Fred Patterson Cathy Kester, Acting Secretary Community Development Department III APPROVAL OF AGENDA COMMISSIONER CROWE MOVED TO AMEND THE AGENDA to consider Item (T) after Item (K) and Item (as) after Item (I). Motion was seconded. CHAIRMAN GREGG added one more revision; that Item (F) be moved to after Item (Z) so the case would not be heard prior to 9:00 p.m., as �^ requested by the applicant. The motion CARRIED by unanimous voice vote. COMMISSIONER CROWE FURTHER MOVED that the Commission consider no other items on the agenda after 11:00 p.m. or go any further than the public hearings, whichever comes first, and then reconvene the regular meeting at 6:30 p.m. the following night with Appearance Requests and Audience Comments first on the agenda. Motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER HILL MOVED TO DELAY APPROVAL OF THE MINUTES until the end of the meeting under (XI) Commissioners' Comments. Motion was sec- onded and CARRIED by unanimous voice vote. V APPEARANCE REQUESTS AND AUDIENCE COMMENTS Ms. Freed reported that Continental Telephone Company asked for the Commission's review and approval of the siding material they are considering for the building that the Commission granted conditional approval for at their June 20, 1984 meeting. After review and discussion by the Commission, it was decided that a color brochure and a sample would be necessary to determine if the proposed siding would be acceptable to the Commission. FVI PUBLIC HEARINGS: CHAIRMAN GREGG requested that all public hearing testimony be limited to three minutes and requested staff to direct the Commission when the allotted time was completed. A) CASE 84-077. Request for an Exception from Section 17.21.020 (Permitted Uses) to permit the relocation of a two-story house on business -zoned property; Tract C, U.S. Survey 444; 415 Mission Road (St. Herman's Theological Seminary). KIBS225540 Staff reported that no public hearing notices were returned for this case. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. FATHER JOSEPH KRETA, representative for the Seminary, spoke in favor granting the exception noting that the house is going to provide housing for the faculty and would be in keeping with the business of the seminary. There being no further public testimony, CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER RENNELL MOVED TO GRANT A REQUEST FOR AN EXCEPTION from Section 17.21.020 (Permitted Uses) of the Borough Code to permit the relocation of a two-story house on business -zoned property; Tract C, U.S. Survey 444. The motion was seconded and CARRIED by unanimous roll call vote. B) CASE 84-078. Request for a Variance from Section 17.17.050A (Yards) to permit the construction of an addition that encroaches six (6) feet into the required front yard setback and a breezeway that would connect an existing, non -conforming, detached garage to the main residence; Lot 24A, U.S. Survey 3099; 2650 Mission Road (David S. Walker). Staff reported that there was no additional information and no public hearing notices had been returned. CHAIRMAN GREGG then recessed the Regular Meeting and opened the Public Hearing. There being no public testimony, the Chairman closed the Public Hearing and reconvened the Regular Meeting. Commissioner Knight asked Mr. Cassidy what the exceptional physical circumstances were that affected this property. Mr. Cassidy responded that: 1) the distance of the house to the existing road is 36 feet due to the large right-of-way for the State highway; and 2) the difficulty of building a livable house house on such a small lot. COMMISSIONER RENNELL MOVED TO GRANT A REQUEST FOR A VARIANCE from Section 17.17.050A (Yards) of the Borough Code to permit the con- struction of an addition that encroaches six (6) feet into the re- quired front yard setback; Lot 24A, U.S. Survey 3099. Motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER JAMES MOVED TO GRANT A VARIANCE from Section 17.17.050C of the Borough Code to allow the construction of a breezeway that would connect an existing, non -conforming, detached garage to the main residence; Lot 24A, U.S. Survey 3099. The motion was seconded and FAILED with Commissioners Knight and Gregg voting "yes." Commissioner Crowe clarified her vote on the first motion stating she voted "yes" because the existing structure already encroaches more than the granted variance, but that had it been new construction she would not have granted the variance. COMMISSIONER RENNELL MOVED TO ADOPT AS FINDINGS OF FACT AND REASONS FOR DENIAL• 1. There would not be sufficient distance between the garage and a structure on the adjoining lot, if such a structure would be built, because the garage is built on the rear lot line and granting the variance would prejudice the surrounding property; 2. The garage is a nonconforming building that is built on the rear r lot line; if attached, a large percentage of the lot would be under a single roof; and 3. The proposal does not meet all the requirements of granting a variance as stated in Chapter 17.66 (Variances). Specifically, there are not exceptional, physical circumstances that exist to necessitate such maximum lot coverage and no practical difficulties or unnecessary hardships will be created by not granting the variance. The motion was seconded and CARRIED by unanimous voice vote. KIBS225541 Regular Meeting -2- July 18, 1984 C) CASE 84-093. Request for Exceptions from Sections 17.13.020, 17.19.020, 17.20.020, 17.21.020, and 17.33.020 (Permitted Uses) and Variances from 17.13.060, 17.19.050, 17.20.050, 17.21.040, and 17.33.060 (Building Height Limit) to permit 69Kv electrical transmission lines and towers through the Two-family Residential District (R2), Multi -family Residential District, Business District (B), Public Use Lands District (PL), and the Conserva- tion District (C). These lines will run from the Swampy Acres substation to the Tagura Road facility (Kodiak Electric Association). Ms. Freed reported receiving four public hearing notices that are in the packet material and one additional notice that will be read during ` the Public Hearing. Ir Commissioner Knight questioned the relevancy in requesting variances and exceptions from the stated sections of code for electrical transmission lines. He did not understand why this utility would require such action as other utilities do not. Ms. Freed responded that the electrical transmission lines are included as a permitted use in one of the zoning district, but not any of the other districts. This would indicate that at one time it was considered as a permitted use in that one district. She further compared the request to the exception request for gravel extraction; that gravel extraction is a permitted use in an Industrial District, but no others and, therefore, assumed not allowed in the other districts. Had the electrical lines been placed underground, the case would not have come before the Commission as the code addresses "structures above ground." Other Commissioners concurred with Ms. Freed after hearing her explanation, and CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MR. DON NORTON, Alaska Resources Corp., spoke of his objection of not being presented with sufficient information from Kodiak Electric Association to properly assess the full impact of the proposal on the property. For the Gibson Cove area, he did not feel there was proper placement of the lines, as unencumbered land above the plant on the highway was available and more suitable. MR. ROBERT JINKS, Kodiak Electrical Association, explained that the proposed route would identically follow the present pole placement and would benefit the canneries in the area by providing continued power during the construction phase of the project. MR. ED KOZAK, Kodiak Electric Association, further explained that they were utilizing the current right-of-way to minimize the impact of the new lines. At their request, Ms. Freed read into the record a public hearing notice from BETTY and JERRY BONGEN and FAMILY. Summarized, their concerns were: 1) that the proposed access to the placement site, and the land disturbances that might be involved, may affect present drainage and run-off patterns; 2) the possibility of three-wheeler traffic as a result of the access route causing disturbance in the area; and 3) would the new lines eliminate the existing lines in front of their home? They ended their notice with the desire to see the property remain Conservation in nature as it is presently zoned. MR. ED KOZAK responded to the Bongen's concerns: 1) The power lines will be placed behind the homes in this area so their view is not obstructed by a power line in front of the house; 2) the construction technique for the area is up to the contractor, but likely the lines will be placed by helicopter and therefore would not open up access to three-wheelers. Mr. Kozak further responded to questions by Commis- sioner Crowe that were presented to her by the City Council concerning r the location and cost of the new lines in the "slide" area . There being no further public testimony, CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER PATTERSON MOVED TO GRANT A REOUEST FOR EXCEPTIONS from Sections 17.13.020, 17.19.020, 17.20.020, 17.21.020, and 17.33.020 (Permitted Uses) and VARIANCES from 17.13.060, 17.19.050, 17.20.050, 17.21.040, and 17.33.060 (Building Height Limit) of the Borough Code to permit 69Kv electrical transmission lines and towers through the Two-family Residential District (R2), Multi -family Residential District (R3), Business District (B), Public Use Lands District (PL), and the Conservation District (C). These lines will run from the Regular Meeting -3- KIBS225542 July 18, 1984 Swampy Acres substation to the Tagura Road facility (Kodiak Electric Association). The motion was seconded and CARRIED by unanimous roll call vote. CHAIRMAN GREGG encouraged KEA to contact the Community Development Department for the names and addresses of the people that had concerns in order to answer their questions. D) CASE 84-079. An Ordinance of the Kodiak Island Borough creating a new rural residential zoning district. (Planning and Zoning Commission). Ms. Freed clarified the intent of the staff report, noting that a public hearing should be held tonight and then the Commission could take final action on the ordinance the following month after having time to consider testimony. CHAIRMAN GREGG then recessed the Regular Meeting and opened the Public Hearing. As no copies of the proposed ordinance had been made available to the audience as handouts, Chair- man Gregg and other Commissioners summarized the ordinance for the audience's consideration. MR. STAN WOLRICH asked the Commission how the new classification would differ from Rural Residential One (RR1) and Single-family Residential (R1) and various Commissioners answered his request and explained the history of the proposal. MR. ED JACK, Spruce Cape resident, noted that the original intent of the new district was for 10,000 square foot lots, then it was in- creased to 15,000 square foot lots, and now stands at 20,000 square foot lots. He said he was opposed to the new district, not because of the size of the lots, but because it creates an additional zoning district. He felt the Rural Residential districts could be revised to reflect minimum lot sizes that are based on the amount of utilities available, instead of adding a new district. There was no additional audience comments, and the Chairman closed the Public Hearing and reconvened the Regular Meeting. The consensus of the Commission was to make the public more aware of the intent of the ordinance through the media and then hold another public hearing. Ms. Freed noted that the ordinance was still in draft form and that the ordinance, once passed by the Commission and the Assembly, would not directly impact an area until it was directly applied in a particular area, after completing another ordinance process. COMMISSIONER RENNELL MOVED TO TABLE THE ORDINANCE. The motion was seconded and CARRIED by unanimous voice vote. Commissioner Crowe directed staff to contact the media and to have this item considered at their August 1984 regular meeting. COMMISSIONER PATTERSON called for a five-minute break. The meeting recessed at 8:30 p.m. and reconvened at 8:43 p.m. E) CASE 84-080. Request to Rezone a portion of U.S. Survey 5509, Port Lions Second Addition from Conservation to Rural Residential One in accordance with Section 17.72.030 (Manner of Initiation) (Afognak Native Corporation). Ms. Freed drew the Commission's attention to the letter from Afognak Corp. which stated they would have a revised plat available to the Commission for their review at the July 18 meeting. Ms. Freed said r the plat had not been received and that Afognak Native Corp. requested tabling the request until the plat is completed. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing; there was no public testimony so CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER CROWE MOVED TO TABLE THE REQUEST in Case 84-080 until the August meeting. The motion was seconded and CARRIED by unanimous voice vote. Ms. Freed asked the Commission to clarify that the case would be heard under Old Business and the Commissioners' concurred. KIBS225543 Regular Meeting -4- July 18, 1984 F) CASE 84-082. Request for a Conditional Use Permit in accordance with Section 17.13.030 (Conditional Uses) and an Exception from Section 17.21.020 (Permitted Uses) to permit gravel extraction for access and development of approximately sixty acres currently zoned Conservation and Business. Tract "A," U.S. Survey 1673. Generally located above Gibson Cove (Gerald Gudenau). CHAIRMAN GREGG reinstated Item (F) as the applicant was present to answer any questions and the rest of the Commissioners agreed. Staff had no additional comments. The Chairman recessed the Regular Meeting and opened the Public Hearing. There was no public testimony, and the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER HILL MOVED TO GRANT A CONDITIONAL USE PERMIT in accordance with Section 17.13.030 of Borough Code and an Exception from Section 17.21.020 to permit gravel extraction for access and development of approximately sixty acres currently zoned Conservation and Business per the plans submitted. Tract "A," U.S. Survey 1673. Motion was seconded CARRIED by unanimous roll call vote. G) CASE 84-083. Request for an exception from Section 17.17.020 (Permitted Uses) to permit the extraction of approximately 90,000 cubic yards of rock material from a rural residential lot; Lot 2, Block 3, Monashka Bay Alaska Subdivision (Arnold Tweeten). Staff reported no additional information; one additional public hearing notice would be read during the public hearing. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MR. ARNOLD TWEETEN, applicant, reported that the 90,000 cubic yards was a "false figure" created by the engineer that drew up the plans to estimate the maximum amount of rock that could be excavated with the proper amount of slope and side walls. Mr. Tweeten said his proposal for the lot was to subdivide it into three lots, and the rock extraction was requested to obtain feasible access to develop these lots. He has potential buyers for the proposed lots as soon as they are developed. Mr. Tweeten's estimate of the amount of rock to be extracted was 50,000 to 70,000 cubic yards during a time period of one and a half to two years on an intermittent schedule. Commissioner Patterson estimated that with Mr. Tweeten's figures he would be hauling a total of 7,000 truckloads (10-12 yard trucks). At 3,500 truck loads a year, it would mean 100 truck loads a day, seven days a week. MS. SUE McLEAN, Lot 4, Block 4, Island Vista Subdivision, asked the Commission if the property owner had signed the request for the exception. Mr. Cassidy responded "no" to her question, and Ms. McLean requested that the case be dismissed because Mr. Tweeten had no standing to the exception. Ms. Freed explained to the Commission that it had been staff's under- standing that Mr. Tweeten was an authorized agent for the property, but now understands that he has only put down earnest money on the property. Mr. Tweeten had been contacted by staff to get a property owner's signature on the request, but had not been able to by the time of the meeting. Borough code states that "the property owner or an authorized agent must sign the application request." Commissioner Knight noted that if getting the exception was a condition of the (` earnest money agreement, Mr. Tweeten may not have standing in the (j request. After some discussion, it was decided to continue the public hearing and table the decision for one month pending a legal opinion on Mr. Tweeten's standing to apply for the exception. MS. McLEAN stated that "for the record I object to the procedure that is being employed here, as a member of the public I resent my resources being tied up by people with no standing to bring claims before this Commission getting this far, before the Commission realizes that it may have a problem with an applicant that has no right to bring a claim." Referring back to the request, Ms. McLean objected to Mr. Tweeten's request to excavate 90,000 cubic yards rock in a rural residential area on a lot that he is trying to decide to Regular Meeting -5- KIBS225544 July 18, 1984 buy. Ms. McLean objected to the gravel extraction because: the trucks would be a hazard to the drivers in the neighborhood; the resulting damage of the extracted rock would be permanent and irreparable; the lot can be developed without removing that amount of rock as evidenced by the surrounding lots that have been developed; and she felt Mr. Tweeten would be making an enormous profit from the extracted gravel which is an industrial, commercial use. MR FRED TURCOTT, resident across the street from the lot on Sawmill Circle, questioned the amount of 90,000 cubic yards as being valid. He said the removal would destroy the lot's view that it now has. He opposes the development on the basis of the noise and drilling that would be allowed during all hours of the day. MR. DAN MACIAK, adjacent property owner, opposed the request. Mr. Maciak commented that the majority of the houses in the area are built to the topography of the land, not the land desecrated for the house. He said the request is really for a "rock pit." MS. LESLIE WATSON, resident of the area, concurred with Mr. Maciak's and Ms. McLean's remarks. She wants to see the inherent character of her neighborhood left intact and expressed her concern in seeing the trees in the Monashka Bay area preserved. MR. STAN WOLRICH, Lot 1, Block 1, Monashka Bay Alaska Subdivision (across the street from the proposal on Otmeloi Road) was opposed to the request and expressed concern about the amount of truck traffic as a result of the rock extraction. Mr. Wolrich paid for a lot in a rural residential area for the character that zoning offers and does want to see it changed. MR. TOM KNOKE, resident of the area, was opposed to the request. He wanted to see the rural residential character of the neighborhood preserved. MR. RICHARD COLLINS spoke in opposition of the exception. MR. SCOTT ARNDT, spoke in favor of the proposal. Mr. Arndt said that I although the lot is residential, it is located on the main highway that goes throughout Kodiak and accesses other industrially -used land. Mr. Arndt felt Mr. Tweeten had the right to determine the best use of the land, which in this case was subdividing it into three lots. Mr. Arndt said the three proposed lots have three potential buyers that want a lot with good access, that is fairly level, and that would eventally be reseeded. MS. CATHY CORDRY, resident of Monashka Bay, spoke in opposition of granting the exception. She displayed a map to the Commission showing the present levelness of the lot. She pointed out that by removing all the topsoil it would be hard to approve a septic system for the "gravel pit." MR. DAN OGG, resident on Marmot Drive, opposed the request. He was opposed to the noise that would be created by the proposal; the amount of profit that would be made on the excavated lot would exceed the purchase price of the lot; and it would lower the surrounding properties' value. There being no further public testimony, CHAIRMAN GREGG closed the public hearing and reconvened the Regular Meeting. COMMISSIONER CROWE MOVED TO TABLE THE REQUEST FOR AN EXCEPTION from r Section 17.17.020 (Permitted Uses) to permit the extraction of (f approximately 90,000 cubic yards of rock material from a rural residential lot; Lot 2, Block 3, Monashka Bay Alaska Subdivision until the Commission's August meeting, that it be placed under Old Business on the agenda, and gave staff direction to contact the Borough attorney to see if Mr. Tweeten has standing to request the exception. Motion was seconded and CARRIED with Commissioners Rennell and Knight voting "no." COMMISSIONER RENNELL MOVED TO DIRECT STAFF to better define "standing" to bring a request before the Commission. The motion was seconded. The motion CARRIED by unanimous voice vote. KIBS225545 Regular Meeting -6- July 18, 1984 H) CASE 84-084. Request for a Variance from Section 17.19.040 (Yards to permit a mobile home to encroach 14 feet into the required front yard setback, 9.7 feet in the side yard setback, and to remain on site for a period of two years during the construction of a second dwelling on the lot. Part of Lot 2, Block 2, Shahafka Acres Subdivision; 2740 Shahafka Circle (Helen Hall). Staff reported no additional information and that no public hearing notices had been returned. There was a question by Commissioner Knight as to the validity of the request. He wanted to know what the exceptional physical circum- stances were or other criteria required for granting a variance. Staff responded that the determination should be made by the Commis- sion due to the subjective nature of interpreting the criteria for a variance. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MRS. HELEN HALL, applicant, spoke in order to address the Commission's questions. She noted that she was retaining ownership of the trailer, but not the lot, in order to ensure that the trailer would be moved after the requested two-year period. Commissioner Patterson asked if Mrs. Hall would have any problem with restating the request to read "that the trailer be removed after the period of two years or upon the completion of the single-family residence" and Mrs. Hall said that would be acceptable. Chairman Gregg clarified the statement by adding "whichever is sooner." There was no further audience comment, and the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER PATTERSON MOVED TO APPROVE A REQUEST FOR A VARIANCE from Section 17.19.040 (Yards) of the Borough Code to permit a mobile home to encroach 14 feet into the required front yard setback, 9.7 feet in the side yard setback, and to remain on site for a period of two years during the construction of a second dwelling on the lot; Part of Lot 2, Block 2, Shahafka Acres Subdivision; 2740 Shahafka Circle with the following conditions: 1. That the existing trailer be removed after a period of two years; or 2. If a new single-family dwelling has not been completed during this time period the trailer shall be moved in order to meet all the setback requirements for this zoning district. Motion was seconded and CARRIED with Commissioners Knight and Rennell casting "no" votes. I) CASE 84-085. Request to Rezone ADL 44355 in accordance with Chapter 17.72.030 (Manner of Initiation) from Conservation to Industrial and Public Use Lands (commonly known as the "sawmill site" and the landfill site) (Planning and Zoning Commission). Ms. Freed noted that two additional maps had been prepared by staff for the Commission one indicating the Assembly's request for rezoning and the other as an alternative. Ms. Freed added that she had additional information that she would present under the public hear- ing. There being no further information or questions by the Commis- C sion, CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MS. LINDA FREED, Acting Borough Manager, spoke on behalf of the Borough Assembly regarding the rezoning request. Ms. Freed relayed that the Assembly would like to see the "sawmill site" rezoned in time for the land disposal. The Assembly's main intention for the rezoning was to realize a greater return at the land sale because there is greater value in industrially -zoned property than conservation -zoned property. KIBS225546 Regular Meeting -7- July 18, 1984 MS. CATHY CORDRY, resident of the area, was opposed to the request. She thought that not enough time was being given to the community to consider the issue of the rezoning as it relates to the whole area. MS. SUE McLEAN, resident of the area, was opposed to the request. She felt "pushed" into making comments about the request without sufficient time to consider the consequences. She stated that the "Borough" included herself, and the Assembly was to represent her views as her representatives. She realized the need to have industrial zoned property in Kodiak, but the area under consideration is the only area of town with "trees." It was also not a forgone conclusion that Timberline would be the successful bidder; Brechan (Enterprises) could get the bid, and if zoned industrial, put a gravel Ir pit there. Ms. McLean spoke in favor of tabling the request until the Monashka Bay Planning Group could get their comprehensive plan completed. MR. DAN MACIAK, resident of the area, spoke in favor of tabling the request in order to give the Monashka Bay Planning Group time to have their comprehensive plan completed. MR. ERIC BLACKENBERG, member of the Monashka Bay Planning Group, felt it was premature to rezone to Industrial until other possible uses of the land were explored in order to maximize the use of the land. He noted that there was industrially -zoned land by the municipal airport that was not being utilized and felt that that land should be utilized before opening up more industrial property. One of the main uses for industrial land is for rock extraction and Mr. Gudenau's 60 acres for gravel extraction had just been approved and is closer to town and its point of utilization. MR. CLIFF DAVIDSON, resident of the area, asked the Commission to recommend to the Assembly that the property not be rezoned to Industrial. Mr. Davidson wanted to see his neighborhood kept residential. MR. RON CHASE, resident of the area, has lived in the area for twenty years and "begged" to see the site left as Conservation. The sawmill site would be a better location for the proposed school site in the area. MR. CHARLES DAVIDSON, resident of the area, spoke in opposition to the rezoning request. MR TOM KNOKE, adjacent lot owner, wanted to see the area left for residential purposes. MR. DAN OGG, resident of the area, had been advised by the Mayor during a worksession that the land would be surplussed as Conservation and that if Timberline was the successful bidder they would be able to continue their industrial use under "grandfather rights." The Assembly did not indicate at that time a consideration of rezoning the land to Industrial. Mr. Ogg wanted to know "for the record: Whose proposal is this? Is this the Planning Commission's proposal to change the zoning? Is it the Assembly's proposal to change the zoning? Is it the manager's proposal?" Ms. Freed advised Mr. Ogg that the Assembly asked the manager to to take an informal request to the Commission to look into rezoning the area. The Commission initiated the investigation of the rezoning as a result of the request made by the Assembly. r Mr. Ogg noted that, procedurally, the (1968) Comprehensive Plan is to I be used as a guide in decisions regarding rezoning and that the Plan did not propose the sawmill site to be zoned Industrial. Mr. Ogg asked that the case be "ditched" instead of tabled as the public notice had been to "rezone" and not to "investigate the rezoning" of the property, which is "to put the cart before the horse." Mr. Ogg also pointed out that a portion of the area proposed for rezoning is not part of ADL 44355. This portion of land had been added later to the sawmill lease, was zoned Conservation, and is in violation of Borough Code because it is not included in the "grandfather rights" extended to the original sawmill site. He asked that some type of action be taken to correct the situation. Mr. Ogg felt the request to rezone was "too hasty." Mr. Ogg questioned whether the site would Regular Meeting -8- KIBS225547 July 18, 1984 have a higher value zoned as Industrial and cited examples where it could have greater value zoned as Conservation or residential. He also noted that the surrounding property values would be decreased if the sawmill was rezoned to Industrial. Mr. Ogg pointed out that Industrial land needs public services - sewer, water, police, and fire - that are not available to this site and cited examples of presently zoned Industrial land that currently had these services. He asked the Commission what particular industrial use the site was being proposed for. The response was that the Assembly had suggested: crab pot storage, the sawmill, and a dry (metal) dump site. Mr. Ogg stated that although the road to the site is the main highway through town, it goes through a major residential area and the increased traffic to the site would be hazardous. In closing, Mr. Ogg stated he was opposed to rezoning the sawmill and landfill sites to Industrial and requested that it remain Conservation. MR. RON CHASE asked that the sawmill site be rezoned to Rural Residential as it would result in $600,000 in revenue for the Borough. MR. JOE BLACK, resident of the area, was opposed to the rezoning. Mr. Black felt that there was more "value" in retaining the site's present state with all of the trees, than the creation of revenue for the Borough. There was no further public testimony and CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular Meeting. Ms. Freed explained to the Commission the history of the request and the process necessary before the "sawmill site" could be disposed of at the land sale in November; mainly a resolution still needs to be passed by the Assembly establishing the parcels, their minimum bid and the terms of the sale. She also noted that the site is designated as Public Use Land and specifically a sanitary landfill in the Comprehen- sive Plan. The Commission then discussed the alternatives in approving, denying, or tabling the request and the implications that would be involved. COMMISSIONER RENNELL MOVED TO TABLE Case 84-085 until the Planning and Zoning Commission's Regular September 1984 meeting under Public Hearings. The motion was seconded and CARRIED unanimously by voice vote. aa) CASE S-84-038. PRELIMINARY Subdivision of a Portion of the City of Kodiak Sanitary Fill Site Survey, Plat No. 69-10: Timberline Inc. (Kodiak Island Borough). Ms. Freed reported that the purpose of the plat was to identify a specific piece of land for the Land Sale and that the proposed subdivision would properly identify the entire "sawmill site" currently under lease. There being no further staff report, CHAIRMAN GREGG closed the Regular Meeting and opened the Public Hearing. MR. DAN OGG objected "for the record" to a limit of three minutes for public testimony. Mr. Ogg opposed the subdivision due to inadequate planning and asked his previous testimony on Case 84-085 be included to cover this case. MS. SUE McLEAN incorporated by reference her previous testimony on Case 84-085 for this case. MR. RON CHASE referred to his previous testimony on Case 84-085 as his testimony for this case. MS. CATHY CORDRY asked that her previous testimony on Case 84-085 be considered for this case. She saw no need to subdivide this piece of property. MR. CLIFF DAVIDSON objected to the subdivision. There was no further public testimony, and CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular Meeting. Discussion by the Commission centered around further subdividing Lot 1 into either two or three parcels and the monetary benefits to the Borough. Regular Meeting -9- KIBS225548 July 18, 1984 COMMISSIONER HILL MOVED that Case S-84-038, PRELIMINARY Subdivision of a Portion of the City of Kodiak Sanitary Fill Site Survey, Plat No. 69-10: Timberline Inc. submitted by the Kodiak Island Borough; be returned to the Kodiak Island Borough to subdivide the parcel into three lots, including Lot 2. Motion was seconded and CARRIED with Commissioner Crowe voting "no." At 11:10 p.m. COMMISSIONER CROWE MOVED TO RECESS the meeting until 6:30 p.m the following night. The motion was seconded and CARRIED by unanimous voice vote. CHAIRMAN GREGG reconvened the Regular July meeting of the Planning and Zoning Commission at 6:43 p.m. on July 19, 1984. ROLL CALL Commissioners Present: Also Present: Steve Rennell Marlin Knight Virginia Crowe Ken Gregg, Chairman Tim Hill Dan James Commissioners Absent: Fred Patterson, Excused Linda Freed, Director Community Development Department Dave Crowe, Borough Engineer Bud Cassidy, Assistant Planner/ Zoning Officer, Community Development Department Cathy Kester, Acting Secretary Community Development Department J) CASE 84-086. Request for a Conditional Use Permit in accordance with Chapter 17.18.030 (Conditional Uses) to permit a consultant service as a home occupation; Lot 14, Block 47, East Addition (Thomas Peterson). CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MR. TOM PETERSON, applicant, explained that most of his clients are from out of town so there should be no increase in traffic impacting the neighborhood. There was no further public testimony, and CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER CROWE MOVED TO APPROVE A REOUEST FOR A CONDITIONAL USE PERMIT in accordance with Chapter 17.18.030 (Conditional Uses) to permit a consultant service as a home occupation on Lot 14, Block 47, East Addition with the condition that the conditional use permit may be rescinded by the Commission after review of the home occupation if it becomes evident that the traffic or parking is more than what is acceptable for a home occupation. Motion was seconded and CARRIED by unanimous roll call vote. K) CASE 84-087. Request to Rezone in accordance with Chapter 17.72.030 (Manner of Initiation), from Conservation to the Rural Residential One (RR1); Unsubdivided remainder of U.S. Survey 1671; Spruce Island (Edward Opheim). Ms. Freed explained to the Commission that in order to bring the proposed subdivision of Tracts A, B, C, and D into zoning compliance, if the subdivision is not rezoned to RR1, the Commission would need to grant a variance from area requirements in the Conservation district for Tracts B, C, and D. There being no further staff or Commission comments, CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. There was no public testimony, and the Chairman closed the Public Hearing. COMMISSIONER HILL MOVED TO REZONED an unsubdivided portion of U.S. Survey 1671 in accordance with Chapter 17.72.030 of the Borough Code from Conservation to Rural Residential One subject to the condition that the solid waste systems serving the existing dwellings be approved the Alaska Department of Environmental Conservation. The motion was seconded and clarified that an "unsubdivided portion" Regular Meeting -10- KIBS225549 July 18, 1984 included Tracts A, B, C, and D. A roll call vote was taken and the motion CARRIED with Commissioner Rennell casting the "no" vote. T) CASE S-84-031. PRELIMINARY Subdivision of the Remainder of U.S. Survey 1671; Creating Tracts A, B, C, and D, U.S. Survey 1671, Spruce Island, Alaska (Edward N. Opheim). Mr. Crowe noted that fourteen public hearing notices had been sent out and that two notices had been returned in favor of the request as long as Tract "A" was not proposed for further subdivision at this time. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public r Hearing. There was no public testimony so the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER CROWE MOVED TO GRANT PRELIMINARY APPROVAL to the subdivision of the remainder of U.S. Survey 1671, Spruce Island, Alaska with the following conditions: 1. That the applicant obtain subdivision approval from the Alaska Department of Environmental Conservation, as required by 18 AAC 72.065; 2. That roadway easements be located to maintain a minimum distance of 55 feet feet between the easement centerline and any structures on Tracts B, C, and D; 3. That a building setback line be shown on the plat, to be 55 feet from the centerline of the road easements; 4. That the property be rezoned to RR1; and 5. That lots lines of Tracts B, C, and D be laid out in such a manner that all RR1 side and rear setbacks are met. The motion was seconded and CARRIED by unanimous roll call vote. L) CASE 84-088. Request for a Variance from Section 17.18.050A (Front Yards) to permit the construction of a greenhouse seven (7) feet into the required front yard setback. Lot 13, Leite r Subdivision; 1311 Mission Road (Burl Clymer). No additional information was furnished by staff. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MR. BURL CLYMER, applicant, pointed out to the Commission that the main purpose of the construction is for solar heating. MR. TONY PEREZ spoke in favor of granting the variance. There was no further public testimony, and the Public Hearing was closed and the Regular Meeting reconvened. COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Section 17.18.050A (Front Yards) of the Borough Code to permit the construction of a greenhouse seven (7) feet into the required front yard setback. Lot 13, Leite Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. M) CASE 84-089. Request for a Variance from Section 17.20.040B (Side Yards) to permit the construction of an addition three (3) feet into the required 9.9 foot side yard setback. Lot 13A, Block 6, Leite Addition (Eugene Mueller). There was no additional information given by staff. The Regular r Meeting was recessed and the Public Hearing was opened by the Chairman. MR. GENE MUELLER, applicant, explained the need for the variance and how his future plans for the lot are pending on the granting of the variance. No additional testimony was heard, and the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER KNIGHT MOVED TO GRANT A VARIANCE from Section 17.20.040B (Side Yards) to permit the construction of an additional three (3) feet into the required 9.9 foot side yard setback. Lot 13A, Block 6, Regular Meeting -11- KIBS225550 July 18, 1984 Leite Addition. The motion was seconded and CARRIED with Commissioners Crowe and Rennell voting "no." N) CASE 84-090. Request for a Conditional Use Permit in accordance with Section 17.18.030 (Conditional Uses) to permit a mail order backpack business as a home occupation. Lot 4, Block 3, Allman Addition; 1120 Malutin Lane (Danny W. Jackson). Staff reported that no public hearing notices were returned on the case. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. No public testimony was given, so the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER CROWE MOVED TO GRANT A REQUEST FOR A CONDITIONAL USE PERMIT in accordance with Section 17.18.030 of the Borough Code to permit a mail order backpack business as a home occupation on Lot 4, Block 3, Allman Addition located at 1120 Malutin Lane with the following condition: 1. That this conditional use permit may be rescinded by the Commission after review of the home occupation if it becomes evident that noise, nuisance, traffic, and/or parking become more that what is acceptable for a home occupation. The motion was seconded and CARRIED by unanimous roll call vote. 0) CASE 84-091. Request for a Variance from Chapter 17.19.040 (Yards) to permit the construction of a single-family residence 15 feet into the required 25-foot rear yard setback. Lot 19, Block 14, Kodiak Townsite; 215 Hillcrest Avenue (Charles E. King). Ms. Freed reported that one public hearing notice had been returned on this case from Alayne and Dane Larsen in favor of the variance nrequest. I CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. There was no testimony received and the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER HILL MOVED TO GRANT A REQUEST FOR A VARIANCE from Chapter 17.19.040 of the Borough Code to permit the construction of a single-family residence 15 feet into the required 25-foot rear yard setback; Lot 19, Block 14, Kodiak Townsite. The motion was seconded and CARRIED by unanimous roll call vote. P) CASE 84-092. Request for a Conditional Use Permit in accordance with Chapter 17.21.030 (Conditional Uses) to permit a warehouse in the Business District (B). Lot 19, Block 2, Allman Addition (Mildred Markham). Staff had no additional information for the Commission. Commissioner Crowe asked staff if it was necessary to state a condition that "no outside storage is permitted," or if the outside storage issue was adequately covered under existing ordinances. Ms. Freed explained that the Business district does allow for outside storage, so a condition would need to be placed on the variance to cover this issue. Commissioner Hill stated that he thought the applicant should have the right to have outside storage since it was a Business -zoned lot. The Commission then discussed the alternative of screening if outside storage rights were granted. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing; there was no testimony, the Chairman reconvened the Regular Meeting. COMMISSIONER RENNELL MOVED TO GRANT A CONDITIONAL USE PERMIT in accordance with Chapter 17.21.030 of Borough Code to permit a warehouse in the Business District (B) on Lot 19, Block 2, Allman Addition subject to the condition that all equipment shall be stored inside the building. The motion was seconded. KIBS225551 Regular Meeting -12- July 18, 1984 COMMISSIONER CROWE MOVED TO AMEND THE MOTION to add the following condition "that no outside storage of any kind be allowed." The amendment was seconded and CARRIED with Commissioners Knight and Hill voting "no." A roll call vote was taken on the main motion as amended and it CARRIED with Commissioner Knight voting "no." Q) CASE S-84-028. PRELIMINARY Subdivision of Lot 20B, Block 14, Kodiak Townsite Alaska; to Lots 20B-1 and 20B-2, Block 14, Kodiak Townsite Alaska (Dane C. Larsen). r Mr. Crowe reported that no public hearing notices had been returned. CHAIRMAN GREGG reported that Mr. Larsen had asked that the case be tabled after holding the public hearing. Mr. Larsen would later provide more detailed plans of the subdivision and apply for a variance for a front yard setback. CHAIRMAN GREGG then recessed the Regular Meeting and opened the Public Hearing. There was no public testimony received and the Chairman reconvened the Regular Meeting. COMMISSIONER CROWE MOVED TO RETURN THE SUBDIVISION in Case S-84-028 to the applicant for additional information. Motion was seconded and CARRIED by unanimous roll call vote. R) CASE S-84-029. PRELIMINARY Vacation of Lots 7 and 8A, Block 2, Monashka Bay Alaska Subdivision; and Replat to Lots 7A, 7B, and 8A-1, Block 2, Monashka Bay Alaska Subdivision (Kodiak Island Borough). Mr. Crowe reported one public hearing notice had been returned in favor of the subdivision. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MR. RON CHASE, adjacent property owner, recommended rotating the new proposed lot line to the west in order to protect his water rights; to place the property corner on the land; and to get more control of the r lake. MS. DAWN BLACK, Lot 17, Block 1, Monashka Bay Alaska Subdivision, was opposed to a "land swap" and requested that the property be bought by eminent domain techniques. She noted that the Monashka Bay Planning Group had not decided what to designate the Public Use property for, but one suggestion had been as a park. Ms. Black wanted to see the access to the lake behind Mr. Chase's property kept open for public access from Lot 7. A public hearing notice was read into the record by Mr. Cassidy for MS. ELAINE HUNTER-RENNELL, Lot 20, Block 4, Monashka Bay Alaska Subdivision. Ms. Hunter-Rennell stated that the Monashka Bay Planning Group felt that Lot 7 should remain as Public Use Lands for the purpose of a park. CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular Meeting. There was discussion by the Commission on keeping access open to the "lake" by not rotating the line as requested by Mr. Chase. Commissioner Crowe pointed out that the lake is in private ownership and there would be no "public" rights to the lake. Chairman Gregg noted that he would not be in favor of subdividing the lot as it has not been rezoned to RR1 and, therefore, the lots would be of insufficient size to qualify for Public Use Land. Mr. Crowe noted that a motion could be made to reflect the replat of Lot 7 and 8A-1 tc r^ reflect the "land swap" but not the further subdivision of Lot 7 into 7A and 7B. COMMISSIONER JAMES MOVED TO GRANT A VACATION AND REPLAT AND FINAL APPROVAL of Lots 7 and 8A, Block 2, Monashka Bay Alaska Subdivision into lots 7A, 7B and 8A-1, Block 2, Monashka Bay Alaska Subdivision subject to the following conditions: 1. That portion of Lot 7 traded to the owner of Lot 8A-1 in the land swap be rezoned from PL to RR1; 2. That the property line be represented by the solid line parallel to the existing lot line in the Borough Engineer's drawing; KIBS225552 Regular Meeting -13- July 18, 1984 r 3. That the Ownership Affidavit be revised to reflect private ownership of Lot 8A; and 4. That two additional ownership signature lines and related Notary's Acknowledgments be provided for Ronald M. Chase and Mary J. Chase. CHAIRMAN GREGG declared the motion "dead" for a lack of a second. Commissioner James explained the intention of his motion: 1) if the land remains Public Use Lands, access to the lake should remain with Lot 7; and 2) if the land is rezoned to RR1 the Borough loses access to the property and, therefore, lower value for the property when it is sold. COMMISSIONER HILL MOVED TO RETURN CASE S-84-029 to the Kodiak Island Borough for the following reasons: 1. Return the plat to the applicant so the applicant and the adjoining property owner can work out a mutually agreeable "land swap;" 2. Deletion of the division of Lot 7 into Lots 7A and 7B; and 3. The public hearing was advertised for the vacation and replat of Lots 7 and 8A-1 into Lots 7A, 7B and 8A-1 as shown. Any proposed revision of the lot line between 7 and 8A should receive a public hearing. The motion was seconded and the motion CARRIED with Commissioner James casting the "no" vote. S) CASE S-84-030. PRELIMINARY Vacation of Lots 5 and 7 of the Subdivision of Lot 1, Military Reserve, U.S. Survey 2538A; and Replat to Lots 5A, 5B, 7A, and 7B, Military Reserve, U.S. Survey 2538A (commonly known as the Borough Building and the KANA Apartments) (Kodiak Island Borough). Staff had no additional information for this case. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. There was r- no public testimony and the Chairman reconvened the Regular Meeting. COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL of the vacation and replat of Lots 5 and 7 of the Subdivision of Lot 1, Military Reserve, U.S. Survey 2538A to Lots 5A, 5B, 7A, and 7B, Military Reserve, U.S. Survey 2538A (commonly known as the Borough Building and the KANA Apartments) subject to the following conditions: 1. That an Acceptance of Dedication be added for the City of Kodiak; and 2. That existing electrical utility easements be shown, as requested by KEA, Inc. The motion was seconded and CARRIED by unanimous roll call vote. U) CASE S-84-032. PRELIMINARY Subdivision of a Portion of Tract E, U.S. Survey 4793: Sitkalidak Strait View Subdivision, Tract E, U.S. Survey 4793; Old Harbor (Kodiak Island Housing Authority). Commissioner Knight excused himself from participation in Case S-84-032 due to a conflict of interest. Mr. Crowe noted that no public hearing notices had been returned. Mr. Knight explained the ownership of the property. The Bureau of r Land Management currently holds the township patent for the City of Old Harbor pending a survey on the land being completed. Once the survey is completed, the City of Old Harbor will receive title to the land and then the City will donate a portion of Tract E to the Kodiak Island Housing Authority. The Housing Authority has an ordinance to this affect on file at their office and, therefore, has "standing" in this case. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MR. BOB TARRANT, land surveyor, noted that all six conditions as outlined the Borough Engineer's memo will be complied with. Regular Meeting -14- KIBS225553 July 18, 1984 MR. MARLIN KNIGHT, Executive Director of the Kodiak Island Housing Authority, spoke in favor of granting the request and explained the history of the proposed project to the Commission. COMMISSIONER RENNELL MOVED GRANT PRELIMINARY APPROVAL on Case S-84-032; PRELIMINARY Subdivision of a Portion of Tract E, U.S. Survey 4793: Sitkalidak Strait View Subdivision, Tract E, U.S. Survey 4793; Old Harbor; submitted by the Kodiak Island Housing Authority subject to the following conditions: 1. That platted access be shown from the end of Third Street as shown on Plat No. 87-6, Old Harbor Townsite; r-- 2. That the Vicinity Map be revised to show clearly the location of this subdivision with relation to Old Harbor; 3. That the Ownership Affidavit be revised to reflect the ownership of the land properly; 4. That a legal description be shown on the final plat; 5. That utility construction plans must be prepared and submitted to the Alaska Department of Environmental Conservation for approval; and 6. That roadway construction plans must be prepared and submitted to the Borough Engineer for approval. The motion was seconded and CARRIED by unanimous roll call vote. V) CASE S-84-033. PRELIMINARY Survey of Tract "A" Lying Within Section 21, T28S, R22W, Seward Meridian, Alaska; Kizhuyak Bay (Leon Francisco). Staff had no additional report. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. There was no public testimony so the Chairman reconvened the Regular Meeting. COMMISSIONER CROWE MOVED TO GRANT FINAL APPROVAL to Survey of Tract "A" Lying Within Section 21, T28S, R22W, Seward Meridian, Alaska; Kizhuyak Bay with the following conditions: r 1. That the Ownership Affidavit be changed to show Afognak Native Corporation as the owner; 2. That the location of the survey be clearly shown on the Vicinity Map; and 3. That the bearing and distance on the northeasterly boundary be revised so that they can be read without turning the plat upside down. The motion was seconded and CARRIED by unanimous roll call vote. CHAIRMAN GREGG called for a five-minute recess at 8:28 p.m and the meeting reconvened at 8:38 p.m. W) CASE S-84-034. PRELIMINARY Subdivision of Lot 5, Block 3, Bells Flats Alaska Subdivision; to Lots 5A and 5B, Block 3, Bells Flats Alaska Subdivision (Royal Large). Staff reported that no public hearing notices had been returned. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MR. BOB TARRANT, land surveyor, requested that the condition in the Borough Engineer's memo of July 11 "revising the line between 5A and r 5B to be radial to Sargent Creek" be deleted. Mr. Tarrant gave the reasons for the lot line between Lots 5A and 5B as proposed by the applicant. There was no additional public testimony, and the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL to the PRELIMINARY Subdivision of Lot 5, Block 3, Bells Flats Alaska Subdivision; to Lots 5A and 5B, Block 3, Bells Flats Alaska Subdivision, subject to the following conditions: KIBS225554 Regular Meeting -15- July 18, 1984 1. That the applicant obtain subdivision sanitation approval from the Alaska Department of Environmental Conservation, as required by 18 AAC 72.065; 2. That a witness corner be established on the boundary between Lots 5A and 5B; 3. That a legal description be shown on the final plat; 4. That Mr. Large's box number be shown in the "Prepared for" portion of the plat: P. 0. Box 2534, Kodiak, AK 99615; 5. THat the basis of bearing be shown on the final plat; 6. That the exterior boundary of the subdivision be made to contrast with the interior lot line; 7. That Blocks 1 and 2 of Tract A be identified on the Vicinity Map; 8. That two signature lines be provided in the Owner's rAcknowledgment, and the correct names be shown under them as follows: Royal V. Large Roberta Large; 9. That separate Notary's Acknowledgments be provided for each owner, and the name included therein; 10. That the Title Block be corrected to read as follows: Subdivision of Lot 5, Block 3, Bells Flats Alaska Subdivision; into lot 5A and 5B, Block 3, Bells Flats Alaska Subdivision. The motion was seconded and CARRIED by unanimous voice vote. X) CASE S-84-035. PRELIMINARY Subdivision of Lot 2, Block 4, Bells Flats Alaska Subdivision; to Lots 2A and 2B, Block 4, Bells Flats Alaska Subdivision (David Geddes). Mr. Crowe reported that no public hearing notices had been returned. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MR. BOB TARRANT, land surveyor, reported there was no problem in complying with the recommendations made by the Engineer on this case. r CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER KNIGHT MOVED TO GRANT FINAL APPROVAL TO Case S-84-035; PRELIMINARY Subdivision of Lot 2, Block 4, Bells Flats Alaska Subdivision; to Lots 2A and 2B, Block 4, Bells Flats Alaska Subdivision with the following conditions: 1. That the applicant obtain ADEC subdivision sanitation approval, as required by 18 AAC 72.065; 2. That the legal description be shown on the final plat; 3. That the exterior boundary of the subdivision be made to contrast with interior lot lines; 4. That two signature lines be provided and the correct names be shown under them, follows: David W. Geddes Beatrice I. Geddes; 5. That separate Notary's Acknowledgments be provided for each owner, and the name of the owner included therein; 6. That the platted creek easement between Lots 1 and 2 be shown; and 7. That witness corner be set for the southeasterly corner which was neither set nor found. The motion was seconded and CARRIED by unanimous roll call vote. Y) CASE S-84-036. PRELIMINARY Subdivision of Lot 7A, Block 1, Bells Flats Alaska Subdivision; to Lots 7A-1 through 7A-10, Block 1, Bells Flats Alaska Subdivision (William G. Williams). Mr. Crowe reported that no public hearing notices had been returned; however, KEA had called him that day after they realized that no utility easement had been placed between Lots 3 and 4, and 6 and 7. KEA further requested that these easements be placed as a condition of approval. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. KIBS225555 Regular Meeting -16- July 18, 1984 MR. BOB TARRANT, land surveyor, concurred with KEA's request for a utility easement on the noted lots. There being no further public comment, CHAIRMAN GREGG reconvened the Regular Meeting. COMMISSIONER CROWE MOVED TO GRANT PRELIMINARY SUBDIVISION of Lot 7A, Block 1, Bells Flats Alaska Subdivision to Lots 7A-1 through 7A-10, Block 1, Bells Flats Alaska Subdivision with the following stipulations: 1. That the applicant obtain ADEC subdivision sanitation approval, as required by 18 AAC 72.065; 2. That no further subdivision of lot 7A-5 be allowed until alternative access is provided, and a note to that effect be placed on the plat; 3. That the legal description be shown on the final plat; 4. That the exterior boundary of the subdivision be made to contrast with the interior lot lines; 5. That the basis of bearings be identified; 6. That a twenty -foot utility easement be placed along the lot lines between Lots 3 and 4 and Lots 6 and 7; and 7. That no further subdivision of Lots 7A-6 and 7A-7 be allowed (because they are flag lots) and that a note to that effect be placed on the plat. The motion was seconded. COMMISSIONER JAMES MOVED TO AMEND THE MOTION to add another condition to read "8. The front setback requirement of 25 feet for Lot 7A-6 will be based on the common lot line between 7A-6 and 7A-10 perpendicular to the flag stem, and the front setback requirement of 25 feet for Lot 7A-7 will be based on the common lot line between 7A-7 and 7A-8 perpendicular to the flag stem. This setback requirement shall be noted on the plat." The amendment was seconded and CARRIED by unanimous roll call vote. A roll call vote was taken on the main motion as amended and it CARRIED with Commissioner Rennell voting "no." T Z) CASE S-84-037. PRELIMINARY Subdivision of Lot 11, Russian Creek I Alaska Subdivision; to Lots 11A, 11B, 11C, and 11D, Russian Creek Alaska Subdivision (James Cobis). Mr. Crowe reported that no public hearing notice had been returned. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. There was no public testimony and the Regular Meeting was reconvened. COMMISSIONER JAMES MOVED TO GRANT PRELIMINARY APPROVAL to the Subdivision of Lot 11, Russian Creek Alaska Subdivision; to Lots 11A, 11B, 11C, and 11D, Russian Creek Alaska Subdivision with the following conditions: 1. That the applicant obtain subdivision approval from the Alaska Department of Environmental Conservation, as required by 18 AAC 72.065; 2. That the lot line between lots 11A and 11B be shifted to meet the required setbacks; 3. That the basis of bearings be shown on the final plat; and 4. That the legal description be included on the final plat. The motion was seconded and CARRIED by unanimous roll call vote. �T VII OLD BUSINESS: `j A) CASE 84-035. Request to Rezone U.S. Survey 3100 and U.S. Survey 3101 from Rural Residential (RR1) to Two-family Residential (R2) (Planning and Zoning Commission) TABLED from June 20, 1984. IONER JAMES MOVED TO REMOVE CASE 84-035 FROM THE TABLE. The was seconded and CARRIED by unanimous roll call vote. The Commission discussed the pros and cons of rezoning the whole area to R2 or just a portion. Some of their comments included: 1) some of the residents on the ocean side of Spruce Cape seemed to favor an R1 zoning over R2; 2) a lot of the area is already developed so the Regular Meeting -17- KIBS225556 July 18, 1984 impact will not be as great as anticipated; 3) a change to R2 is not automatic if the property owner does not initiate a subdivision request; 4) the Planning and Zoning Commission will closely review all subdivision requests in the area for code compliance; and 5) property values may be raised giving residents an incentive to "clean up" the Spruce Cape area. COMMISSIONER HILL MOVED TO REZONE U.S. Survey 3100 and U.S. Survey 3101 from Rural Residential One (RR1) to Two-family Residential (R2). The motion was seconded and FAILED with Commissioners Gregg, Hill and Knight voting "yes." COMMISSIONER JAMES MOVED TO REZONE U.S Survey 3100 and U.S. Survey 3101 in such a way that the lots on the oceanside of Mission Road be rezoned to R1 and the lots on the Rezanof side be rezoned to R2. The motion was seconded and CARRIED by unanimous roll call vote. B) CASE 84-067. Request for a Variance on Lot 23, Sunny Cove, U.S. Survey 1671 (Gordon Eliel); TABLED from June 20, 1984. COMMISSIONER CROWE MOVED TO REMOVE CASE 84-067 FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Section 17.13.050B, Side Yards, to permit the construction of a residence 15.5 feet into the required side yard setback and a variance from Section 17.57.020 Off -Street Parking --Number of Spaces Required to exempt off- street parking on Lot 23, Sunny Cove Subdivision, U.S. Survey 1671. The motion was seconded and CARRIED by unanimous voice vote. C) CASE 84-076. Request to Rezone the State Airport from Conservation in accordance with Chapter 17.72, Amendments and Changes (Planning and Zoning Commission). COMMISSIONER JAMES MOVED TO REMOVE CASE 84-076 FROM THE TABLE. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER RENNEL MOVED TO RETABLE CASE 84-076 until the September 1984 Regular Meeting of the Planning and Zoning Commission. The motion was seconded and CARRIED by unanimous voice vote. D) CASE S-84-012. FINAL Subdivision of Lot 25, Block 1, Russian Creek Alaska Subdivision; to Lots 25A through 25D and Included Widgeon Circle (Glenn Munro). COMMISSIONER RENNELL MOVED TO GRANT FINAL SUBDIVISION APPROVAL on Lot 25, Block 1, Russian Creek Alaska Subdivision to Lots 25A through 25D with the condition that a note be placed on the plat requiring access to these lots to be from Widgeon Circle and that ADEC sanitation approval be received. The motion was seconded and CARRIED by unanimous roll call vote. E) CASE S-84-017. FINAL Subdivision of an Unsurveyed Tract Within Section 31, T29S, R18W, Seward Meridian, Alaska; to Chiniak Alaska Subdivision, Four Lots and School Tract (Kodiak Island Borough). COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL OF THE PLAT for the subdivision creating Tract "E"; Lots 1A, 1B, and 2, Block 1 and Lots 16 and 17, Block 2, Chiniak Alaska Subdivision subject to the following conditions: 1. Lot 2, Block 1, shall not be sold until King Crab Way is F1 constructed; and 2. All water carried domestic sewage systems must be designed by an Engineer registered in the State of Alaska, and must be approved by the Alaska Department of Environmental Conservation prior to installation. The motion was seconded and CARRIED by unanimous roll call vote. F) CASE S-84-018. FINAL Vacation of Lot 5C and Portion of State of Alaska Material Site, Russian Creek Alaska Subdivision; and Replat to Lot 5C-1 and Tract R, Russian Creek Alaska Subdivision (Kodiak Island Borough). Regular Meeting -18 KI8S225557 July 18, 1984 COMMISSIONER HILL MOVED TO GRANT FINAL vacation of Lot 5C and Portion of State of Alaska Material Site, Russian Creek Alaska Subdivision; and Replat to Lot 5C-1 and Tract R, Russian Creek Alaska Subdivision. The motion was seconded and CARRIED unanimously by roll call vote. VIII NEW BUSINESS There were no items under New Business. IX COMMUNICATIONS There were no communications for the Commission's review. 7 CHAIRMAN GREGG noted that Findings of Fact needed to be stated for Item VI (aa), The Borough's request for the subdivision of the "sawmill site." COMMISSIONER JAMES MOVED AS FINDINGS OF FACT FOR CASE S-84-038: 1. That Lot 1 be subdivided into two lots of approximately seven and eight acres; and 2. It would be economically advantageous to the Borough to subdivide Lot 1 into two parcels; and 3. That the Monashka Bay Planning Commission's recommendations be given on the parcel before further action. The motion was seconded and CARRIED by unanimous voice vote. CHAIRMAN GREGG noted that the next item of business was the approval of the minutes of the June 1984 Regular Meeting. COMMISSIONER RENNELL MOVED TO ACCEPT THE MINUTES of the June 1984 Regular Meeting of the Planning and Zoning Commission. The motion was seconded and CARRIED by unanimous voice vote. X REPORTS IThere were no reports for the Commission. XI COMMISSIONER'S COMMENTS Commissioner Rennell requested that the motion sheets be revised so that he was not called on last two out of every three motions and the Acting Secretary said she would revise the motion sheet as requested. Commissioner Rennell also commented on the need to verify applicant "standing" for the cases presented to the Commission. Commissioner Hill asked if the investigation he had requested at the June meeting and the fence for Bucaneer Enterprises had been looked into. Mr. Cassidy noted that violations have been placed on hold for the last few months due to staff's case load. Commissioner James requested that the Planning and Zoning Commission be given adequate time to comment and make recommendation on the CIP (Capital Improvements Program) for this year. Commissioner Crowe asked if the gravel extraction operation by "Red Sam" had been stopped pending an attorney's opinion. Mr. Cassidy reported the recent events on this case. Commissioner Crowe further expressed her concern that violation cases have not been taken care of because of staff workload and suggested that the Commission send a memo to the Borough Assembly or the borough manager to hire a tempo- rary staff person to work on the violations. Mr. Cassidy explained that a temporary person will be hired as soon as Mr. Selby becomes the new borough manager, therefore allowing Ms. Freed time to review applications. Commissioner Crowe also recommended that when staff prepares the meeting agenda that a logical sequence of cases be followed for the benefit of the public, i.e. subdivision and variance/ exception/rezoning requests on the same lot follow each other. Commissioner Knight noted that Mr. Elco's lack of applying for a building permit has still not been enforced by staff, as Commissioner Knight had previously requested. KIBS225558 Regular Meeting -19- July 18, 1984 There was further discussion by the Commission on the need for additional staff in the Community Development Department needed for proper enforcement of the Borough codes and that this need be expressed to the Assembly. Commissioner Knight asked staff if the extension of the water and sewer lines in the Borough are funded by grants rather than assess- ments and if this procedure was a policy or a requirement of the Borough. He expressed concern that the extension of services, at no cost to the property owner, was greatly benefiting certain individuals when they further subdivided their lots and sold them. XII AUDIENCE COMMENTS Mr. Tony Perez addressed the rezoning Spruce Cape, on Case 84-035, U.S. Surveys 3100 and 3101. He directed the Commission's attention to a map indicating how each property owner felt about the rezoning and noted that the majority desired to see R2 zoning. He felt that the property owners had not "been served" in the decision made by the Commission on this case. Mr. Perez then addressed the issue of easements. He noted that sewer easements had to be purchased by the Borough from the property owner, yet the utility easements for KEA were made a part of the subdivision requirements and required no cash layout. The last issue Mr. Perez addressed was Sharatin Drive. He said that he has waited twenty years to see Sharatin Drive put in and that he would like to see it developed. XIII ADJOURNMENT F At 10:05 p.m. COMMISSIONER CROWE MOVED TO ADJOURN THE MEETING. The motion was seconded and CARRIED unanimously by voice vote. ATTEST BY: CAXF� 0,V , Cathy Kester, Acting Secretary DATE APPROVED: S-a--84 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY: K n Gregg, Chairm KIBS225559 Regular Meeting -20- July 18, 1984