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1984-06-20 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JUNE 20, 1984 MINUTES r I CALL TO ORDER: CHAIRMAN GREGG called the Regular Meeting of June 20, 1984 to order at 7:33 p.m. in the Borough Assembly Chambers, Kodiak, Alaska. II ROLL CALL• Commissioners Present: Steve Rennell Marlin Knight Virginia Crowe Ken Gregg, Chairman Tim Hill Dan James Fred Patterson Also Present: Bud Cassidy, Assistant Planner Community Development Department Dave Crowe, Borough Engineer Jolinda J. Goodwin, Acting Secretary III APPROVAL OF AGENDA: CHAIRMAN GREGG noted for the record that Item VI (B), Case 84-070, had been deleted from the agenda at the request of the applicant. COMMISSIONER JAMES MOVED TO APPROVE the agenda for the Regular Meeting r' of June 20, 1984. The motion was seconded and CARRIED by unanimous voice vote. IV MINUTES OF PREVIOUS MEETING: A) Special Meeting of April 25, 1984. There were no corrections to the minutes. COMMISSIONER KNIGHT MOVED TO APPROVE THE MINUTES of the Special Meeting of April 25, motion was seconded and CARRIED by unanimous voice vote. B) Regular Meeting of May 16, 1984. 1984. The COMMISSIONER CROWE MOVED TO DELETE "FINDINGS OF FACTS AND REASONS FOR DENIAL", CASE 84-038, Page 2, and to adopt new Findings of Fact and Reasons for Denial under Item VII, Old Business. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER HILL MOVED TO APPROVE THE MINUTES of May 16, 1984. The motion was seconded and CARRIED by unanimous voice vote. V APPEARANCE REQUESTS AND AUDIENCE COMMENTS: There were no Appearance Requests nor Audience Comments. VI PUBLIC HEARINGS: A) CASE 84-035. Request to Rezone U.S. Survey 3099, U.S. Survey 3100, U.S. Survey 3101, and U.S. Survey 3233 from Rural Residential District (RR1) to Two-family Residential District (R2) in accordance with Chapter 17.72 (Amendments and Changes). This property is generally located on Mission Road, from Benny Benson Avenue to the end of U.S. Survey 3101 (Planning and Zoning Commission). MR. CASSIDY reported that the Community Development Department had notified property owners within the notification area of a proposed KIBS225526 new zoning district classification. Additionally, Mr. Cassidy read a public comment from Mr. James Duros (USS 3100, Lot 8), who was in favor of the zoning change from RR1 to R2. As there were no further staff reports, CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MR. ALVIN BURCH (USS 3233, Lot 10, 11, 12) approved of the proposed new zoning district to allow storage of fishing gear. Mr. Burch was in favor of keeping his area RR1. MR. ED JACK (USS 3101, Lot 12) referenced a letter/petition which was submitted to the Planning and Zoning Commission. The inclusion of Lot 9, USS 3101 in the petition, was discussed. Mr. Jack was opposed to a new zoning district and felt the Commission should "go back to the original zoning codes and re -design them." THE COMMISSION AND MR. JACK discussed gear storage in the area and how the "grandfather clause" would affect that gear storage. MR. TONY PEREZ (USS 3101, Lot 6) displayed a map showing that a majority of property owners within USS 3101 were in favor of R2 zoning. Mr. Perez, also property owner within USS 3100, was in favor of R2 zoning for the USS 3100 area. Mr. Perez felt that any larger -sized lots would "price property right out of the hands of the people." LOUIS AND PAT SCHNEIDER (USS 3100, Lot 10) were in favor of R2 zoning and felt that an R2 zoning would lessen the financial burden of owning and developing property. The Schneiders were opposed to the proposed new zoning district. MS. DIANA GENTRY (Spruce Cape) stressed that with the present, inadequate road conditions along Mission Road, rezoning the area to R2 would increase maintenance and might constitute widening of the road. Ms. Gentry recommended TABLING the issue and having more discussion on the proposed new zoning district. r" CHAIRMAN GREGG read into the record the letter/petition submitted by MR. ALVIN BURCH. As there were no further audience comments, the Chairman closed the Public Hearing and reconvened the Regular Meeting. THE COMMISSION discussed dedicating a worksession before the next regular meeting to review public testimony on the rezoning and to work on the proposed new zoning district. COMMISSIONER CROWE MOVED ON CASE 84-035 to take no action on U.S. Survey 3233. The motion was seconded and CARRIED by roll call vote, with Commissioners Knight and Rennell voting "no." COMMISSIONER CROWE MOVED ON CASE 84-035 to recommend to the Borough Assembly the rezoning of U.S. Survey 3099 from Rural Residential District (RR1) to Single-family Residential District (R1) in accordance with Chapter 17.72, Amendments and Changes. The motion was seconded and CARRIED by roll call vote, with Commissioners Knight and Rennell voting "no." COMMISSIONER CROWE MOVED ON CASE 84-035 TO TABLE action on U.S. Survey 3100 and U.S. Survey 3101 until the July 18, 1984 Regular Meeting. The motion was seconded and CARRIED unanimously by roll call vote. r' CHAIRMAN GREGG called for a five-minute recess. The Regular Meeting of June 20, 1984 was recessed at 8:55 p.m. and reconvened at 9 p.m. B) CASE 84-070. Request for Variance from Sections 17.13.040 (Area Requirements) and 17.13.050 (Yards) to permit the creation of a lot of less than one acre in the Conservation District, and to permit the construction of a main dwelling that encroaches into the required setbacks on an .85-acre portion of U.S. Survey 1701; ADL 63782, Shuyak Island (Michael Echavarria). This item was deleted from the agenda at the request of the applicant. Regular Meeting - 2 - June 20, 1984 TKTT24Z171Zc1l17 C) CASE 84-058. Request to Rezone Lot 7, Block 2, Monashka Bay Alaska Subdivision from Public Use Lands (PL) to Rural Residential District (RR) in accordance with Chapter 17.72 (Kodiak Island Borough Assembly). MR. CASSIDY reported an additional public hearing notice opposing the request had been received. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. As there were no audience comments, the Chairman closed the Public Hearing and reconvened the Regular Meeting. r-- COMMISSIONER PATTERSON MOVED TO RECOMMEND TO THE BOROUGH ASSEMBLY that Lot 7, Block 2, Monashka Bay Alaska Subdivision be rezoned from Public Use Lands District (PL) to Rural Residential District (RR1), in accordance with Chapter 17.72, Amendments and Changes. The motion was seconded and FAILED by roll call vote, with Commissioner James voting "yes." (NOTE: Portions of Items VI (C) and all of VI (D) were deleted from the tape proceedings of this meeting as a result of equipment malfunction; the minutes for these sections are transcribed from the secretary's notes.) A MOTION WAS MADE TO ADOPT AS FINDINGS OF FACT AND REASONS FOR DENIAL: 1. Lot 7, Block 2, Monashka Bay Alaska Subdivision should remain zoned as Public Use Lands for possible future needs, such as a park; 2. Unanimous adverse written testimony; and 3 There is not currently a mechanism that requires private subdividers to set land aside for open space or parks; because of this, land already designated Public Use Lands should be retained. The motion CARRIED by unanimous voice vote. D) CASE 84-074. Request for Review by the Planning and Zoning Commission, under Section 18.20.030 to recommend on the disposal of Borough land: Lot 7, Block 2, Monashka Bay Alaska Subdivision (Bay r View Drive); Lots 1, 2 and 3, Block 1 and Lots 16 and 17, Block 2, Chiniak Alaska Subdivision (Cape Chiniak Road); Tract R, Russian Creek Alaska Subdivision (Gara Drive); and a Portion of Lot 1, U.S. Survey 2539 (Nixon Ranch), initiated by the Borough Assembly. MR. CASSIDY reported that Lot 7, Block 2, Monashka Bay Alaska Subdivision should be deleted from Case 84-074 due to the action taken on the prior case, Case 84-058. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MR. RANDALL COVEY, leasee of the Nixon Ranch, spoke in opposition of declaring a Portion of Lot 1, U.S. Survey 2539 excess to the Borough's needs. Mr. Covey stated that one of the main uses of the leased land is for a handicapped riding program that his wife operates at the ranch for the community. The leased Borough property serves as the best available facility on Kodiak for this program and the program has received finan- cial support from various community organizations. He went on to explain the structure of the program and how it is made available to the handicapped. MR. DAN MACIAK, a State social worker, spoke in opposition of declaring a Portion of Lot 1, U.S. Survey 2539 excess to the Borough's needs. Mr. Maciak felt the handicapped riding program filled a valid need in the r community for the handicapped. There being no further public testimony, the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER CROWE suggested recommending to the Assembly "donating" that portion of the Nixon Ranch to the handicapped riding program or that some other type of alternative be made so the program could continue. COMMISSIONER CROWE MOVED TO RECOMMEND TO THE BOROUGH ASSEMBLY THAT THE BOROUGH DISPOSE the following pieces of Borough land: KIBS225528 Regular Meeting - 3 - June 20, 1984 1. Lots 1, 2 and 3, Block 1, Chiniak Alaska Subdivision; 2. Lots 16 and 17, Block 2, Chiniak Alaska Subdivision; and 3. Tract R, Russian Creek Alaska Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. There was some discussion by the Commission as to what form of notification the Commission should make in advising the Assembly of their not taking action on the Nixon Ranch. Commissioner Crowe directed staff to notify the Commission of the next packet review worksession of the Borough Assembly in order for the Commission to relay the reasons for excluding the Nixon Ranch from the motion. E) CASE 84-059. Request for a Variance from Section 17.18.050C r (Rear Yards) to permit the construction of a greenhouse ten (10) feet into the required rear yard setback on Lot 9, Block 54, East Addition; 1712 Simeonof (Thomas J. Healey). As there was no additional staff report, CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. There were no audience comments and the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Section 17.18.050C (Rear Yards) to permit the construction of a greenhouse ten (10) feet into the required rear yard setback on Lot 9, Block 54, East Addition. The motion was seconded and the question called. The motion CARRIED by roll call vote with Commissioners James and Crowe voting "no." F) CASE 84-060. Request for an Exception from Section 17.19.020 (Permitted Uses) to allow a fireworks stand in a Two-family Residential District (R2) on a portion of Tract C-1, U.S. Survey 1682 (Les and Dan Seaton). There was no additional staff report, CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. There being no audience comments and the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER RENNELL MOVED TO GRANT A REOUEST FOR AN EXCEPTION from Section 17.19.020 (Permitted Uses) to allow a fireworks stand in a Two-family Residential District (R2) on a portion of Tract C-1, U.S. Survey 1682 with the conditions as stated in the staff memo of June 12, 1984: 1. The structure shall be removed and 2. The conditions spelled out in April 12, 1984 be adhered to. from the lot by Monday, July 9, 1984; the letter from the Borough dated The motion was seconded and CARRIED with Commissioner Rennell voting "no." G) CASE 84-061. Request for a Variance from Section 17.19.040B (Side Yards) to construct a single-family residence 6.5 feet into the required side yard setback on Lot 13A, Block 8, Leite Addition; 1519 Vanovsky Street (Jon Dudding). MR CASSIDY reported an additional public hearing notice had been received in favor of the request. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. r MR. DON BRENTESON, 1514 Kouskov Street, spoke in favor of the request. Mr. Brenteson felt the new residence would improve the appearance of the surrounding area. There being no further public testimony, the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Section 17.19.040B (Side Yards) to construct a single-family residence 6.5 feet into the required side yard setback on Lot 13A, Block 8, Leite Addition, U.S. Survey 1681. The motion was seconded and CARRIED by unanimous roll call vote. Regular Meeting KIBS225529 - 4 - June 20, 1984 H) CASE 84-062. Request for an Exception from Section 17.17.020 (Permitted Uses) to allow the removal of rock and gravel from Lot 10A, Block 4, Monashka Bay Alaska Subdivision, a rural resi- dential lot; 2680 Otmeloi Point Road (Tart' & Denise Middlesworth). COMMISSIONER CROWE declared a conflict of interest regarding Case 84-062, and the other Commissioners concurred that she should abstain from participation in this case. MR. CASSIDY presented the Commissioners with photographs of the subject property. There being no further staff report, the Chairman recessed the Regular Meeting and opened the Public Hearing. MS. DENISE MIDDLESWORTH, applicant, spoke in favor of granting the request for the following reasons: a legitimate site plan had been submitted and the applicants are in earnest to develop a nice, level site. MR. ERIC GOOSSEN, adjacent property owner, spoke in favor on granting the exception. Mr. Goossen felt the rock removal would make the lot more accessible. MR. DAN MACIAK, Gravel Extraction Task Force Chairman, spoke in favor of granting the request. Mr. Maciak urged the Commission to review the position paper that was prepared by the Gravel Extraction Task Force in order to facilitate the issue of gravel extraction. MR. SCOTT ARNDT spoke in favor of granting the exception. Mr. Arndt asked staff why this case was before the Commission for consideration. MR. CASSIDY responded that: 1) the applicant had requested an exception; and 2) the Borough Assembly's decision on gravel extraction was basically to continue handling the issue as had been done in the past. Mr. Cassidy noted that it had been determined by the Borough Engineer that the amount of gravel proposed to be removed by the property owner required an exception, and that was why it was referred to the Planning and Zoning Commission. MR. ARNDT felt there were no reasons for denying r the request. There being no further public testimony, CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular meeting. COMMISSIONER RENNELL MOVED TO GRANT AN EXCEPTION from Section 17.17.020 (Permitted Uses) to allow the removal of 1,500 cubic yards of rock and gravel on a rural residential lot for the construction of a driveway and preparation of a building site on Lot 10A, Block 4, Monashka Bay Alaska Subdivision. The motion was seconded. COMMISSIONER KNIGHT raised the issue of enforcement for the stipulation of "removal of 1,500 cubic yards of rock and gravel." He felt that no stipulation should be set unless there was a provision for measurement of the rock. Commissioners Patterson and Hill responded that "good faith" by the applicant would have to suffice for enforcement purposes. They also believed that the surrounding property owners would notify staff if it appeared that excessive amounts of gravel were being removed from the property. COMMISSIONER KNIGHT MOVED TO AMEND THE MOTION to state "that no extraction be allowed other than during the hours of 7 a.m. to 7 p.m." The amendment was seconded and CARRIED by unanimous vote. CHAIRMAN GREGG called for a roll call vote on the main motion as amended. The main motion as amended CARRIED by unanimous roll call vote (Commissioner rCrowe abstaining). I) CASE 84-063. Request for a Conditional Use Permit in accordance with Section 17.18.030 (Conditional Uses) to allow an electrical repair shop as a home occupation in a Single-family Residential District on Lot 13, Leite Subdivision; 1311 Mission Rd (Burl Clymer). As there were no additional staff information or Commissioner comments, CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MR. BURL CLYMER, applicant, requested that the Commission grant the conditional use permit. Regular Meeting - 5 KIBS225530 June 20, 1984 There being no further public testimony, the Chairman closed the public hearing and reconvened the Regular Meeting. COMMISSIONER CROWE MOVED TO GRANT A CONDITIONAL USE PERMIT in accordance with Section 17.18.030 (Conditional Uses) to allow an electrical repair shop as a home occupation in the Single-family Residential District (R1) on Lot 13, Leite Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. J) CASE 84-064. Request for a Variance from Section 17.20.040B (Side Yards) to construct an addition onto a tri-plex that would encroach three (3) feet into the required side yard setback on Lot 8, Block 8, Leite Addition; 1526 Kouskov Street (Lee Fillmore). MR. CASSIDY reported an additional public hearing notice had been received objecting to the variance request. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. There being no public testimony, CHAIRMAN GREGG closed the public hearing and reconvened the Regular Meeting. COMMISSIONER HILL MOVED TO APPROVED A VARIANCE from Section 17.20.040B (Side Yards) to construct an addition onto a tri-plex that would encroach three (3) feet into the required side yard setback on Lot 8, Block 8, Leite Addition, 1526 Kouskov Street. The motion was seconded and FAILED by unanimous roll call vote. COMMISSIONER CROWE MOVED TO ADOPT AS FINDINGS OF FACT AND AND REASONS FnR DRNTAT.- 1. The request does not meet all the conditions for granting a variance as stated in Kodiak Island Borough Code Section 17.66.050 (Variances); 2. The granting of the variance may create a fire hazard and hinder the mobility of fire equipment around the building; and 3. Adverse written testimony. r" The motion was seconded and CARRIED by unanimous voice vote. K) CASE 84-065. Request for an Exception from 17.18.020 (Permitted Uses) to allow construction of an automated switching station in a Single-family Residential District (R1) on Lots 4 and 5, Block 11, Aleutian Homes Subdivision; 1113 and 1117 Mill Bay Road (Contel Telephone Company/Island Realty, Inc.). As there was no additional staff report, the Chairman recessed the Regular Meeting and opened the Public Hearing. MR. GEORGE GODFREY, local manager for Glacier State Telephone Company, spoke in favor of the request. Mr. Godfrey explained that the modern, rambling -type building would house a $3.5 million switching machine. Chairman Gregg reported that a public hearing notice had been received from an adjacent property owner requesting an eight -foot high wood fence on the outside of the proposed six-foot high cyclone fence. Mr. Godfrey voice no objection to this request. MR. KEN VAN DYKE stated that the "eight -foot fence condition might be a fire condition that might be looked into rather for accessibility for fire equipment and hoses, and stuff" and six-foot high is normal fence height in most cities. He did not speak in favor or against the request. There being not further audience comments, CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER KNIGHT MOVED TO GRANT A REQUEST FOR AN EXCEPTION from 17.18.020 (Permitted Uses) to allow construction of an automated switching station in a Single-family Residential District (R1) on Lots 4 and 5, Block 11, Aleutian Homes Subdivision with the following conditions: 1, the exterior siding of the building shall be low -maintenance siding compatible to residential construction; 2. the parking lot and surrounding grounds shall be landscaped with Regular Meeting - 6 KIBS225531 June 20, 1984 either vegetation, crushed rock, or asphalt; and 3. all existing junk shall be removed and disposed of at the appropriate waste facility. The motion was seconded and CARRIED by unanimous roll call vote. L) CASE 84-066. Request for an Exception from Section 17.54.010C (Height --Extension onto Public Property) to allow construction of a gate beyond the front property line to a height of three (3) feet on Lot 2, Block 34, East Addition; 1112 Mission Rd (Patrick Holmes). Staff reported no additional information. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. r" MS. PATTY HOLMES, property owner, spoke in favor of granting the request stating safety reasons in protecting their car. MR. BILL GLYNN, resident of the neighborhood, spoke in favor on granting the request. Mr. Glynn stated that the traffic situation on Mission Road was "appalling" and felt the applicants should be granted a variance in order to protect their property. There was no further public testimony and the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER RENNELL MOVED TO GRANT AN EXCEPTION from Section 17.54.010C (Height --Extension onto Public Property) to allow construction of a gate beyond the front property line to a height of approximately three (3) feet on Lot 2, Block 34, East Addition. The motion was seconded and CARRIED by unanimous roll call vote. M) CASE 84-067. Request for a Variance from Section 17.13.05OB (Side Yards) to allow construction of a residence which would protrude eighteen (18) feet into the required side yard setback; and a request for a Variance from Section 17.57.020 (Off -Street Parking -- Number of Spaces Required) to be exempt from parking requirements on Lot 23, Sunny Cove Subdivision; U.S. Survey 1671 (Gordon Eliel). MR. CASSIDY reported that a public hearing notice had been received back from the applicant implying that he wanted no action taken on his request. There was no public testimony. COMMISSIONER RENNELL MOVE TO TABLE CASE 84-067 until the July 18, 1984 regular meeting and directed staff to investigate whether or not the word "no" should be in front of "actual" (on the public hearing notice from the applicant). The motion to table was seconded and CARRIED by unanimous voice vote. N) CASE 84-068. Request to Rezone land from Conservation to Watershed for the protection of the municipal water system; and a request to obtain the power to adopt and enforce regulations protecting that portion of the municipal water supply outside the territorial limits of the City of Kodiak in the Pillar Creek Watershed; a part of U.S. Survey 3945, located in Township 27 South, Range 20 West (City of Kodiak). MR. CASSIDY noted that the Upper Reservoir Watershed area had been added to the request in order that all the watershed areas of the City of Kodiak are included under the regulation to protect the municipal water supply outside the city limits. There was no public testimony. COMMISSIONER HILL MOVED TO RECOMMEND TO THE BOROUGH ASSEMBLY that the portion of the Pillar Creek Watershed above the dam be rezoned from Conservation to Watershed in accordance with Chapter 17.72 (Amendments and Changes); and that the City of Kodiak be given the power to adopt and enforce regulations protecting that portion of the municipal water supply outside the territorial limits of the City (Pillar Creek and Monashka Creek Watershed area). The motion was seconded and CARRIED by unanimous roll call vote. KIBS225532 Regular Meeting - 7 - June 20, 1984 0) CASE 84-069. Request for a Conditional Use Permit in accordance with Section 17.24.020 (Conditional Uses), and a request for a Variance from Section 17.24.050 (Building Height) to permit the erection of a 60-foot cement silo within 50 feet of a Single-family Residential District (R1), located in the Industrial District on Tract S-2, U.S. Survey 3218; 2705 Mill Bay Rd (Brechan Enterprises). MR. CASSIDY reported an additional public hearing notice had been received from Flirite opposing the request if it would interfere with the end slope of the Municipal Airport. The Chairman then recessed the Regular Meeting and opened the Public Hearing. r MR. ROBERT HALES, representative for Brechan Enterprises, spoke in favor of the request. Mr. Hales reported that, other than a visual change in the neighborhood, there would be no changes in the area and noted that the structure would be painted forest green to blend in with its surroundings. MR. SCOTT ARNDT spoke in favor of granting the request and felt the new silo would fill a need in the community. There being no further public testimony, the Chairman reconvened the Regular meeting. There was some discussion by the Commission regarding staff's recommendation to limit Brechan's operating hours. CHAIRMAN JAMES MOVED TO GRANT A CONDITIONAL USE PERMIT in accordance with Section 17.24.020 (Conditional Uses) to permit a cement silo in an Industrial zoned and to grant a request for a variance from Section 17.24.050 (Building Height) to permit a 60-foot cement silo three feet into the required setback from a residential district on Tract S-2, U.S. Survey 3218 with the following conditions: 1. that the painting of both silos be in a neutral or earth -tone color; and 2. that the operating hours be limited to 6 a.m. to 10 p.m. The motion was seconded and CARRIED by unanimous roll call vote. P) CASE 84-072. Request for a Variance from Section 17.18.050A (Front Yards) to allow construction of a covered deck that protrudes 5.5 feet into the required front yard setback on Lot 25, Block 5, Aleutian Homes Subdivision; 711 Hemlock (Joe Anselmo). CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MS. LEA BUCHANAN, adjacent property owner, spoke against granting the request. Ms. Buchanan objected to the close proximity the deck would be to her fence and noted that the existing house already blocks light to her property due to its large size. There being no additional public comment, CHAIRMAN GREGG reconvened the Regular Meeting. Commissioner James asked staff to clarify the required setbacks. COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Section 17.18.050A (Front Yards) to allow construction of a covered deck that protrudes 5.5 feet into the required front yard setback on Lot 25, Block 5, Aleutian Homes Subdivision with the conditions as stated in the Community Development Department's memorandum of June 11, 1984: 1. future construction any closer to Hemlock Street should be prohibited; and 2, the deck shall remain open with no sidewalls. The motion FAILED by unanimous roll call vote. COMMISSIONER HILL MOVED AS FINDINGS OF FACT AND REASONS FOR DENIAL: 1. The request did not meet all the requirements for granting a variance as stated by Kodiak Island Borough Code 17.66 (Variances); 2. adverse public testimony from an adjacent property owner; and 3. the deck would protrude beyond the existing front yard line �n F4- Street. KIBS225533 Regular Meeting - 8 - June 20, 1984 The motion was seconded and CARRIED by unanimous voice vote. Q) CASE 84-075. Request for a Variance from Section 17.36.030 (Non- conforming Lots of Record) to allow the construction of single- family dwellings on 6,000 square -foot lots in common ownership with contiguous frontage Lots 8, 11, 12, and 13, Block 5, Leite Addition; 1424 Mission, and 1424, 1426, 1428 Kouskov Street (Assembly of God Church). MR. CASSIDY reported the receipt of one additional public hearing notice objecting to the request. r CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MS. CAROL WANDERSEE, resident of the area, asked the Commission if there was a future possibility of the proposed dwellings being converted to duplexes or tri-plexes. The response by the Commission was that a variance would have to be applied for since the lots were undersized for multiple -dwellings. PASTOR TOM SIMMONS, Assembly of God Church, requested granting the variance. Pastor Simmons summarized the history of the case and how the church had been complying with the procedures requested by the Community Development Department since the start of the development. When the church had applied for the permit for the fifth house, the Community Development Department informed him of the section of code (17.36.030) that would not allow them to build on contiguous frontage lots because of common ownership of the lots. Because they had been told over a year ago by the previous planning director, that they could build eight houses on their eight lots, they were completely taken by surprise by the latest decision of the new planning director. Pastor Simmons feels the houses are appropriate for the lots' configurations; that they are attempting to give them a pleasing appearance; and the lots have adequate yard and parking space. The intent of the church is not to build multiple -family dwellings, but rather single-family homes. r MS. RUTH BRECKBERG, resident of the area, expressed concern about the length of time it took to "catch the error" made by the Planning Department; but felt the church should be required to have 7,200 square feet for each lot. Ms. Breckberg expressed regret about losing the "privacy" of the neighborhood by the addition of eight more homes. MR. KEN VAN DYKE, member of the Assembly of God Church, requested granting the variance. Mr. Van Dyke felt the church was building quality homes for the price offered and noted that money would be going back into the community through the payment of property taxes. Mr. Van Dyke stated that the single-family units would be an improvement in the area rather than building a multi -family residential building. MR. ROY FRY, adjacent property owner, said he would rather live next to a single-family dwelling than a "rental." He added he would object to granting a variance for a duplex in the future for these houses. MR. KEN LESTER, resident of the neighborhood, felt is was "a shame to fill up the neighborhood." He reversed his original stand of opposition to the request and spoke in favor of granting the variance, since single-family dwellings are an improvement over a multi -family dwelling. MR. GLENN DICK, member of the Assembly of God Church, asked to go on record as being in favor of the single-family dwellings. There being no further public testimony, CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular Meeting. Chairman Gregg suggested that a condition be placed on the variance requiring that the houses remain as single-family dwellings. Commissioner Rennell felt it was inappropriate at this time to place this kind of restriction on the variance as there is the process of public hearings available to the public for any future concerns. Commissioner Knight stated that the Commission could not "second guess" each future situation and that there had not been sufficient adverse, public testimony to determine objection to duplexes in the future. KIBS225534 Regular Meeting - 9 - June 20, 1984 COMMISSIONER RENNELL MOVED TO APPROVE A VARIANCE from Section 17.36.030 (Non -conforming Lots of Record) to allow the construction of single- family dwellings on 6,000 square -foot lots in common ownership with contiguous frontage Lots 7 through 14 of Block 5, Leite Addition, according to the submitted plan by the applicant and the following staff recommendations: 1. that the dwellings meet all the other applicable code requirements; and 2. that adequate off-street parking be provided for the church while the development is in progress. r__ The motion was seconded and CARRIED BY unanimous roll call vote. CHAIRMAN GREGG called for a five-minute recess, after which the meeting reconvened at 11:32 p.m. R) CASE S-84-025. PRELIMINARY Subdivision of an Unsubdivided Portion of U.S. Survey 5099 into Port Lions Alaska Subdivision, Second Addition, creating Tract A and Lots 1-5, Block 1; Tract B and Lots 1-7, Block 2; Lots 1-10, Block 3; and Lots 1-10, Block 4 (Afognak Native Corp.). MR. CROWE reported that 105 public hearing notices had been mailed out and that none had been returned. There was no public testimony. COMMISSIONER HILL MOVED TO GRANT PRELIMINARY SUBDIVISION of an Unsub- divided Portion of U.S. Survey 5099 into Port Lions Alaska Subdivision, Second Addition, creating Tract A and Lots 1-5, Block 1; Tract B and Lots 1-7, Block 2; Lots 1-10, Block 3; and Lots 1-10, Block 4 subject to the following conditions: 1. That the applicant obtain sanitation approval from the Alaska Department of Environmental Conservation; 2. That the property is rezoned from Conservation to Rural Residential r One at the July 18, 1984 regular meeting of the Planning and Zoning Commission; 3. That the access road to the boat harbor be shown as a dedicated right-of-way; 4. That the designation for the width of the electrical easement along Airport Road be changed to 15 feet to agree with the existing easement which KEA obtained from the Afognak Native Corporation; and 5. That five-foot wide electrical easements be provided along both sides of Marine Street and along one side of Marine Loop, at the request of KEA. The motion was seconded and CARRIED by unanimous roll call,vote. S) CASE S-84-026. PRELIMINARY Subdivision of Lot 2, Block 2, Shahafka Acres Subdivision into Lots 2A and 2B, Block 2, Shahafka Acres Sub- division, U.S. Survey 3218 (Helen C. Hall). MR. CROWE reported that 35 public hearing notices had been mailed with none returned. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MRS. HELEN C. HALL, applicant, requested granting a variance from the required setback and she also requested usage of the trailer which currently sits on the lot for no longer than two years while a new home is being built. There being no further public testimony, CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER JAMES MOVED TO GRANT PRELIMINARY APPROVAL of the PRELIMINARY Subdivision of Lot 2, Block 2, Shahafka Acres Subdivision into Lots 2A and 2B, Block 2, Shahafka Acres Subdivision, U.S. Survey 3218 subject to the subsequent approval of a variance allowing the side yard encroachment. The motion was seconded and the motion CARRIED by unanimous roll call vote. gIBS225535 Regular Meeting - 10 - June 20, 1984 T) CASE S-84-027. PRELIMINARY Subdivision of Lot 4A, Block 1, Shahafka Acres Subdivision into Lots 4A-1, 4A-2, and 4A-3, Block 1, Shahafka Acres Subdivision, U.S. Survey 3218 (Mary Jane Rogers). MR. CROWE reported that 35 public hearing notices had been mailed with none returned. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MR. TED ROGERS, the property owner, spoke in favor of the request; stating that the subdivision would promote the highest and best use of the land. MR. GENE MUELLER spoke in favor of granting the request and addressed several positive reasons for having "flag" lots. There being no further public testimony, CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER JAMES MOVED TO GRANT APPROVAL of the PRELIMINARY Subdivision of Lot 4A, Block 1, Shahafka Acres Subdivision into Lots 4A-1, 4A-2, and 4A-3, Block 1, Shahafka Acres Subdivision, U.S. Survey 3218 subject to the following two conditions: 1. that a note be put on the plat prohibiting any further subdivision; and 2. That the front yard setback for Lot 4A-3 be measured from the lot line bordering Lots 4A-2 and 4A-1 and parallel to Shahafka Circle. The motion was seconded. Commissioner Crowe voiced her objection to flag lots due to adding greater density to the area. She also felt there was nothing unusual about the lot that would warrant the flag lot configuration. Commissioner Rennell concurred with Commissioner Crowe. Commissioner Hill saw no reason to object to the subdivision with a flag lot since it would probably be the only flag lot in Shahafka Acres Subdivision. CHAIRMAN GREGG called for a roll call vote and the motion CARRIED with Commissioners Crowe, Knight and Rennell voting "no." VII OLD BUSINESS: A) CASE 84-056. An Ordinance of the Kodiak Island Borough revising Chapter 16.40 (Mobile Home Parks) (Planning and Zoning Commission). There was some initial discussion by the Commission on this case; but due to the lateness of the hour, the Commission decided to discuss other agenda items that people in the audience were still waiting for. B) CASE S-84-014. PRELIMINARY Subdivision of Lots 6 and 7, Block 7, Bells Flats Alaska Subdivision into Lots 6A, 6B, 6C, 6D, 7A, 7B, 7C, and 7D, Block 7, Bells Flats Alaska Subdivision, U.S. Survey 2539 (Rud C. & Marlene T. Wasson). Case S-84-014 had been returned to the Commission after being returned to the developer for redesign at the April 1984 meeting of the Planning and Zoning Commission. COMMISSIONER PATTERSON MOVED TO APPROVE CASE S-84-014, PRELIMINARY Subdivision of Lots 6 and 7, Block 7, Bells Flats Alaska Subdivision into Lots 6A, 6B, 6C, 6D, 7A, 7B, 7C, and 7D, Block 7, Bells Flats r Alaska Subdivision, U.S. Survey 2539 with the three conditions as set forth by the Borough Engineer's April 6, 1984 memo: 1. That the applicants obtain sanitation approval from the Alaska Department of Environmental Conservation, as required by 18 AAC 72.065; 2. That signature lines and Notary's Acknowledgments be provided for both Rud C. Wasson and Marlene Wasson; and 3. That the correct spelling of the owner's address be determined; the preliminary plat shows "Brennie" Drive, and Borough records show it as "Brenvei" Drive. KIBS225536 Regular Meeting - 11 - June 20, 1984 The motion was seconded. COMMISSIONER JAMES MOVED TO AMEND THE MAIN MOTION by adding: 4. That a note be placed on the plat stating that a single driveway should be constructed on the common lot line between Lots 6A and 6B for access to these lots. The amendment was seconded and FAILED with Commissioners James and Rennell voting "yes." CHAIRMAN GREGG then called for a roll call vote on the main motion, and the main motion CARRIED with Commissioners Knight and Rennell casting r "no" votes. r-- VIII NEW BUSINESS: A) Rezoning of State Airport. Chairman Gregg acknowledged receipt of the staff memo stating that Case 84-076, rezoning the State Airport, would be on the July meeting agenda. B) Interpretation of Day Care/Preschool Facilities as a "School." COMMISSIONER RENNELL MOVED TO INTERPRET structured, state -certified day care/preschools as a "school" and that they be permitted in zoning districts that allow schools as a permitted or conditional use. The motion was seconded. There was some discussion about the degree of difficulty in obtaining state certification and the difference between certifying day care centers and preschools. The roll call vote was called for and the motion CARRIED unanimously. C) Review of Uniform Building Code, Chapter 70, Excavation and Grading. There was no discussion on this item. VII OLD BUSINESS A) CASE 84-056. An Ordinance of the Kodiak Island Borough revising Chapter 16.40 (Mobile Home Parks) (Planning and Zoning Commission). COMMISSIONER CROWE MOVED TO REMOVED FROM THE TABLE the ordinance that revises Chapter 16.40 (Mobile Home Parks). The motion was seconded and CARRIED by voice vote with Commissioner Patterson opposing. (Commissioner Patterson asked to be excused at 12:10 a.m. in order to start his hour-long drive home to Chiniak and Chairman Gregg excused him.) After considerable discussion regarding revisions to the ordinance, COMMISSIONER CROWE MOVED TO RECOMMEND ADOPTION TO THE ASSEMBLY OF THE MOBILE HOME PARK ORDINANCE with the following corrections: 1. 17.26.020(B). Add "as set by Borough resolution" after "shall issue a construction permit." 2. 17.26.060. Delete "for two cars." 3. 17.25.090. Revise the first sentence to read "Street names are the responsibility of the owner subject to approval by the Planning and Zoning Commission. Space numbers are the responsibility of the owner in the confines of the mobile home park." 4. 17.26.120. Revise to read "The combination of mobile home, addition thereto, and accessory building will not occupy more than fifty percent of the mobile home space." 5. 17.26.140(E). Substitute "ten" for "five." 6. 17.26.150. Delete "as prescribed by State and Borough statutes" and substitute with "provided." KIBS225537 Regular Meeting - 12 - June 20, 1984 7. 17.26.190. Revise the heading to read "Mobile Home Parks On Individual Lots" and revise the first sentence after the heading to read "No more than one mobile home shall be allowed on an individual lot unless the provisions of 17.26.020 are complied with." 17.26.190 (C) - delete the word "by" before "the building inspector" and change to "from." The motion was seconded and CARRIED by unanimous roll call vote. C) CASE 84-038. Request for a variance from Section 17.57.020 (Off -Street Parking --Number of Spaces Required) to provide less parking than required and a variance form Section 17.040 (Signs) to allow more r - than one sign, and to exceed sign square -footage requirements on Lot 12A, Block 16, U.S. Survey 2537B; 121 Lower Mill Bay Road (McDonald's Corporation). The Commissions discussed revisions and additions to the Findings of Fact and Reasons for Denial for this case that were included in the minutes of the May 16, 1984 regular meeting and had been deleted under Item IV (B) "Minutes of Previous Meetings" at the beginning of the June 20, 1984 meeting. COMMISSIONER CROWE MOVED TO ADOPT THE FINDINGS OF FACT as called out in the minutes of the May 15, 1984 meeting with the revision to item (3) to read "Variances should not be granted to accommodate a standard con- struction design" and to add: (6) All the criteria to grant a variance per Section 17.66.050 of Borough Code were not met, in particular items (2) and (3). The motion was seconded and CARRIED by unanimous voice vote. IX COMMUNICATIONS CHAIRMAN GREGG acknowledged receipt of a notice from the Corps of Engineers regarding "floating camps" around Afognak Island as proposed by Island Air Service. COMMISSIONER CROWE MOVED TO ACKNOWLEDGE RECEIPT of communications. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER HILL MOVED TO RECOMMEND that the Army Corp of Engineers hold a public hearing on the proposed floating camps. The motion was seconded and CARRIED by unanimous voice vote. X REPORTS There were no reports. XI COMMISSIONER'S COMMENTS COMMISSIONER RENNELL reported that he had received several comments from various sources about the Commission being inconsistent with cases regarding parking requirements; specifically, actions taken on the McDonald Corporation's case and Mr. Ernie Mill's case. COMMISSIONER KNIGHT noted the memo in the packet regarding gravel extraction. He had received a request by Mayor Selby to put the issue of gravel extraction high on the Commission's priority list. The question had been raised by the Assembly as to the legality of Mr. Scott Arndt's appeal of the Commission motion at their April 18, 1984 meeting regarding gravel extraction and had been advised by their attorney that Mr. Arndt was not a legal appellant. The Assembly now requests the Commission's review of the Uniform Building Code to make any necessary ^' recommendations regarding gravel extraction for the Assembly to act on. Commissioner Knight advised the Commission that he had been contacted by the Daily Mirror regarding the eviction of 40 families at Boy Scout Lake. The Mirror wanted to know what the Borough was doing to give these families an alternative place to live. Discussion followed by the Commissioners regarding the R/V ordinance the Commission had adopted in 1983. COMMISSIONER HILL asked staff to investigate whether the homes built since June 5, 1980 on Mission Road that have front access from the alley (below the junior high school) have the required two parking spaces. KIBS225538 Regular Meeting - 13 - June 20, 1984 XII AUDIENCE COMMENTS 7 There were no audience comments. CHAIRMAN GREGG adjourned the meeting at 1:00 a.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY: Ken Gregg, CHAIRMA ATTEST BY: Cathy Kester, Secretary DATE APPROVED: ) Is�� ��, 119 KIBS225539 Regular Meeting - 14 - June 20, 1984