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1984-05-16 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MAY 16, 1984 MINUTES r I CALL TO ORDER: CHAIRMAN GREGG called the Regular Meeting of May 16, 1984 to order at 7:40 p.m. in the Borough Assembly Chambers. II ROLL CALL: Commissioners Present: Steve Rennell Marlin Knight Virginia Crowe Ken Gregg, Chairman Tim Hill Dan James Fred Patterson III APPROVAL OF AGENDA: Also Present: Linda Freed, Director Community Development Dept. Dave Crowe, Borough Engineer Bud Cassidy, Assistant Planner Cathy Kester, Acting Secretary COMMISSIONER PATTERSON MOVED THAT ITEM VI (S), CASE 84-057, be moved to the head of the agenda so that the people giving testimony from the Chiniak area could be heard earlier in the evening. The motion was seconded and CARRIED by unanimous voice vote. As there were no further corrections, CHAIRMAN GREGG declared the agenda of May 16, 1984 approved. IV MINUTES OF PREVIOUS MEETING: A) Regular Meeting of April 18 and 19, 1984. COMMISSIONER HILL MOVED TO APPROVE the minutes of the Regular Meeting of April 18 and 19, 1984. The motion was seconded and CARRIED by unanimous voice vote. B) Special Meeting of April 25, 1984. CHAIRMAN GREGG noted that the minutes of the Special Meeting of April 25, 1984 were not ready to be approved at this meeting. V APPEARANCE REQUESTS AND AUDIENCE COMMENTS: There were no Appearance Requests nor Audience Comments. VI PUBLIC HEARINGS: S) CASE 84- 057. Notice of intent to issue a long-term tideland lease (ADL 217166) located in Thumbs Up Bay, Chiniak (Division of Land and Water Management, State of Alaska, Department of Natural Resources). MS. FREED reported the handout of a map of the area. CHAIRMAN GREGG closed the Regular Meeting and opened the Public Hearing. MR. HANK PENNINGTON, Marine Advisory Program Agent, was present and raised points of concern regarding the proposed lease, including: development of a commercial operation in the Kalsin Bay/Chiniak area, KIBS225507 without regard to its historical use as a public boat launch facility; a question of zoning conflict; opposition to the proposed development plan for the tideland area included in the tidelands lease application; misrepresentation of letters of non -objection presented in the proposed development plan; and objection to an apparent reference in the proposed development plan which indicated easy marking of the channel in Kalsin Bay to the dock approach. Mr. Pennington's recommendation was to have the area developed into a public boat harbor. MS. JAN PENNINGTON, who lives in the Chiniak area, agreed with Ir Mr. Pennington's comments and stressed that the present recreational use of the area, as well as use by fishermen, would suffer if the proposed development were to take place. MS. LINDA FREED read an opposing comment into the record from Mr. William H. Roberts. CHAIRMAN GREGG read an opposing comment into the record from Glenn & Joan Organ. As there were no further public comments, the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER CROWE MOVED TO VOICE OBJECTION to the intent to issue a long-term tideland lease on ADL 217166, located in Thumbs Up Bay, Chiniak. The motion was seconded and CARRIED by unanimous roll call vote. REASONS FOR VOICING OBJECTION: 1. the overwhelming public testimony to keep the area open to public access; 2. the information submitted in the September 9, 1983 letter to the state by Mr. Deville was inaccurate and misleading; 3. the conflict of interest related to the present zoning of the land; and 4. the upland area associated with this lease had previously been in violation of Borough code. A) 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 from Section 17.60.040 (Signs) to allow more 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). MS. FREED noted the handout of an additional staff report to the Commission. CHAIRMAN GREGG closed the Regular Meeting and opened the Public Hearing. As there were no audience comment, the Chairman closed the Public Hearing and reconvened the Regular Meeting. The Commission discussed the applicant's proposed parking plan, the restrictiveness of the parking requirements, the suggested alternative of reduced seating capacity for the proposed development, and the present lack of parking in the downtown area. COMMISSIONER CROWE MOVED TO GRANT A REQUEST for a variance from Section 17.57.020 (Off -Street Parking --Number of Spaces Required) to provide nine (9) less parking spaces than required by code. The motion was seconded and the question called. The motion FAILED by roll call vote, rwith Commissioner James voting "yes." FINDINGS OF FACT AND REASONS FOR DENIAL: 1. lack of adequate parking is of critical concern for the downtown area; 2. variance from parking requirements has not been granted for restaurants; 3. variance should not be granted for stock buildings; 4. the commission felt an alternative for the variance would be reduced seating capacity for the proposed facility; 5. conflicts with the portion of the parking plan where vehicles would back into the drive -through lane of the facility. KIBS225508 REGULAR MEETING - 2 - May 16, 1984 The Commission further discussed the request for variance from Section 17.60.040 (Signs). COMMISSIONER PATTERSON MOVED TO GRANT A VARIANCE from Section 17.60.040 (Signs) to allow more than one sign and to exceed the sign square -footage requirements on Lot 12A, Block 16, U.S. Survey 2537B. The motion was seconded. COMMISSIONER HILL MOVED TO AMEND the motion to include that the road sign height be not more than 25 feet, that the facial letters "MCDONALD'S" be below the roof -line of the building, and that a "Right r , Turn Only" sign be placed at the exit on Lower Mill Bay Road. The amend- ment was seconded and the question called. The amendment CARRIED by roll call vote with Commissioners Patterson and Knight voting "no." CHAIRMAN GREGG called for a roll call vote on the motion as amended. The amended motion CARRIED by roll vote with Commissioner Patterson voting "no. COMMISSIONER PATTERSON stated his reason for voting "no" was he felt the proposed plan was "going to far with outside advertising for the Kodiak area," and that "it was not necessary to buy the entire package." B) CASE 84-039. Request for a variance from Section 17.19.030 (Area Requirements) and Section 17.19.040B (Side Yards) to allow zero -lot - line dwelling on Lots 5 and 6, Block 30, East Addition Subdivision; 720 and 722 Rezanof Drive (Frank Abena III). There was no additional staff report. CHAIRMAN GREGG closed the Regular Meeting and opened the Public Hearing. As there were no audience comments, CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER JAMES MOVED IN CASE 84-039 TO APPROVE the request for a variance from Section 17.19.030 (Area Requirements) and Section 17.19.040B (Side Yards) to allow zero -lot -line dwelling on Lots 5 and 6, Block 30, East Addition Subdivision; 720 and 722 Rezanof Drive. The motion was seconded and the question called. The motion CARRIED by unanimous roll fl call vote. C) CASE 84-040. Request for an exception from Section 17.13.020 (Permitted Uses) and for variances from Sections 17.13.040 (Area Requirements) and 17.13.050 (Yards) to allow industrial warehousing in a Conservation District on Lot 1, Block 2000, Kodiak Airport. This property is generally located adjacent to Nemetz Park (Kodiak Transfer). 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. COMMISSIONER HILL MOVED ON CASE 84-040 TO GRANT A REOUEST FOR AN EXCEPTION from Section 17.13.020 (Permitted Uses) and for variances from Sections 17.13.040 (Area Requirements) and 17.13.050 (Yards) to allow industrial warehousing in a Conservation District on Lot 1, Block 2000, Kodiak Airport. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT AND REASONS FOR APPROVAL - It was the general consensus of the Commission to grant an exception for this type of use on this property, as opposed to an exception for any specific building or structure. r COMMISSIONER RENNELL stated for the record his discomfort at having acted upon the request when the building was partially constructed. D) CASE 84-041. Request for a conditional use permit in accordance with Section 17.21.020 (Conditional Uses) to allow two warehouses in the Business District and an exception from Section 17.21.020 (Permitted Uses) to allow a temporary residence for a project supervisor on Lot 24, Block 1, Russian Creek Alaska Subdivision; Rezanof Drive West, approximately Mile 13 (Woodruff and Associates). As there was no additional staff report, CHAIRMAN GREGG closed the Regular Meeting and opened the Public Hearing. There were no audience REGULAR MEETING - 3 KIBS225509 May 16, 1984 comments, and the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER KNIGHT MOVED TO APPROVE CASE 84-041, request for a conditional use permit in accordance with Section 17.21.020 (Conditional Uses) to allow warehouses in Business Districts; and an exception from Section 17.21.020 (Permitted Uses) to allow a temporary residence for a project supervisor on Lot 24, Block 1, Russian Creek Alaska Subdivision with the following conditions: F1. that one access road from the lot onto Rezanof be allowed; and 2. that the temporary residence for the project supervisor be removed when construction of the warehouse is complete. The motion was seconded and the question called. The motion CARRIED by unanimous roll call vote. E) CASE 84-046. Request for a variance from 17.57.040E (Parking Area Development Standards) to approve a parking plan that permits the backing of vehicles onto a street designated as a collector on Lot 16, Block 3, New Kodiak Alaska Subdivision; 326 Shelikof Avenue (Tim Abena). 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 HILL MOVED ON CASE 84-046 TO GRANT THE REOUEST for a variance from Section 17.57.040E to permit a parking plan that permits the backing of vehicles onto a street designated as a collector on Lot 16, Block 3, New Kodiak Subdivision; 326 Shelikof Avenue. The motion was seconded and the CHAIRMAN called for a roll call vote. The motion CARRIED by unanimous r roll call vote. F) CASE 84-047. A request for an exception from Section 17.21.020 (Permitted Uses) to permit two apartments in the Business District, and a variance from 17.57.020 (Off -Street Parking --Number of Spaces Required) to provide less parking than required on Lot 18, Block 1, Airpark Subdivision; 1623 Mill Bay Road (B.B. & S., Inc.). CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MR. ANDREW K. BRUMBAUGH was present and answered many questions posed by the Commission concerning the proposed three-story, multi -use structure. As there were no further audience comments, the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER CROWE MOVED ON CASE 84-047 TO GRANT A REQUEST FOR AN EXCEPTION from Section 17.21.020 (Permitted Uses) to permit two apart- ments in the Business District of Lot 18, Block 1, Airpark Subdivision. The motion was seconded and the question called. COMMISSIONER JAMES MOVED TO AMEND THE MOTION to included that a condition of granting the request would be that the apartments be located above the ground level, assuming the ground level to be Mill Bay Road. The amendment was seconded and the question called. The amendment CARRIED by unanimous roll call vote. CHAIRMAN GREGG CALLED FOR A ROLL CALL VOTE ON THE MAIN MOTION. The amended motion CARRIED by unanimous roll call vote. The Commission further discussed the request for a variance to allow less parking than required for the proposed three-story, multi -purpose structure, studying carefully the two proposed parking plans. TO GRANT A REQUEST FOR A VARIANCE from Section 17.57.020 (Off -Street Parking --Nu twelve (12) parking places on Lot ber of Spaces Required) to provide 18, Block 1, Airpark Subdivision, per REGULAR MEETING - 4 K113S225510 May 16, 1984 Plan "B", accepting the configuration and location of parking spaces 1 through 6 and 8 through 13. The motion was seconded and the CHAIRMAN called for a roll call vote. The motion CARRIED by unanimous roll call vote. G) CASE 84-048. Request for a variance from Section 17.52.060 (Main Building) to permit the construction of a barn in a Rural Residential District (RR1) in the absence of a residence, located on a portion of U.S. Survey 1822 (Donald and Barbara Zimmerman). rMS. FREED reported receiving a number of additional public hearing notices and letters in opposition to the request. This public testimony was handed out to the Commission prior to the meeting. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MRS. BARBARA ZIMMERMAN, applicant, was present and spoke in favor of granting the request, stating: that attention had been taken to make the proposed barn blend in with the surroundings; that the barn would not be left unattended and would be barely visible to the neighbors through the trees; and that the proposed barn would be at least 300 feet from the nearest resident. MR. NORMAN SUTLIFF (adjacent property owner) spoke adamantly in favor of granting the request, siting portions of the opposing, written public testimony and disputing their validity. Mr. Sutliff believed that the ordinance passed in 1982 to alleviate the problem of "fishing barns" was being used against "agricultural buildings." MR. DONALD ZIMMERMAN, applicant, stated his intention was to build a primary residence on the property within two years, and he urged the Commission to grant the request. OKEY CHANDLER was present and stated he had no objection to horses. DR. BOB JOHNSON, adjacent property owner, gave a brief history of the property involved, and testified that the Zimmerman's had purchased the property in question from his estate. The two covenants on the deed ("that the property remain primarily residential; and that there shall never be allowed through, vehicular access") were Dr. Johnson's main objection for granting the variance. Dr. Johnson also disputed the point that there was enough usable land on which to build the proposed barn. MRS. SUSAN JOHNSON, adjacent property owner, voiced objection to granting the variance. Mrs. Johnson felt that a barn left unattended could be a great offense and might not be taken care of. MRS. MARION JOHNSON, resident of U.S. Survey 1822, spoke in opposition to granting the variance. MR. CRAIG JOHNSON, property owner within the area, quoted the code and pointed out the "main building aspect of the code" regarding granting the variance. Mr. Johnson questioned whether or not the proposed main use of the property would be residential and recommended denial of the request. MRS. LORNA ARNDT was present and spoke in favor of granting the request. As there were no further audience comments, the CHAIRMAN closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER CROWE MOVED TO GRANT A REQUEST FOR A VARIANCE from Section 17.52.060 (Main Building) to permit the construction of a barn in a Rural Residential District (RR1) in the absence of a residence, located on a portion of U.S. Survey 1822. The motion was seconded. COMMISSIONER KNIGHT recommended that the Commission disregard the comments made regarding horses when considering this request. The CHAIRMAN called for a roll call vote. The motion FAILED by roll call vote with Commissioners Hill and Knight voting "yes." REGULAR MEETING - 5 KIBS225511 May 16, 1984 The CHAIRMAN informed the applicants of their right to appeal to the Borough Assembly within ten (10) days. The CHAIRMAN called a ten- minute recess. The Regular Meeting was recessed and reconvened. COMMISSIONER CROWE MOVED TO ADOPT AS FINDINGS AND FACT AND REASONS FOR nRNTAT.e 1. that the intent of the Chapter on Agricultural Buildings was to require a main dwelling be used as a residence prior to construction of an agricultural building, due to the lack of supervision and to protect the surrounding neighbors; and 2. that the primary use of a Rural Residential District is residential. The motion was seconded and CARRIED by unanimous voice vote. H) CASE 84-049. Request for a variance from Section 17.19.030B Lot Width) to permit the creation of a lot that does not meet the required minimum lot width on Lot 11C, Block 8, Leite Addi- tion, U.S. Survey 1681; 1532 Kouskov (Robert Simpler). MS. FREED reported one additional public hearing notice received. As there was no further staff report, the CHAIRMAN recessed the Regular Meeting and opened the Public Hearing. MR. ROBERT SIMPLER was present to answer questions from the Commission regarding the intent of subdivision within two years. As there were no further audience comments, the CHAIRMAN closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER HILL MOVED ON CASE 84-049 TO GRANT THE REQUEST FOR A VARIANCE from Section 17.19.030B to permit the creation of a lot that I does not meet the required lot width on Lot 11C, Block 8, Leite Addition, U.S. Survey 1681; 1532 Kouskov, with the following conditions: 1. that the newly created lots would be replatted into one single lot within two years; and 2. that a note be placed on the plat stipulating that no structure will be constructed on the newly -created Lot 11C-1. The question was called. The motion CARRIED by roll call vote with Commissioner Rennell voting "no." I) CASE 84-050. Request for a variance from Section 17.18.050C (Rear Yards) to permit a home addition that will encroach into the required rear yard setback on Lot 10, Block 55, East Addition; 1714 Rezanof Drive (David J. King). As there was no further staff report, the CHAIRMAN 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. r COMMISSIONER CROWE MOVED TO GRANT A REQUEST FOR A VARIANCE from I Section 17.18.050C (Rear Yards) to permit a home addition that will encroach into the required rear yard setback of Lot 10, Block 55, East Addition at 1714 Rezanof. The motion was seconded and the question called. The motion CARRIED by unanimous roll call vote. J) CASE 84-051. Request for a variance from Section 17.17.050 (Yards) to permit the construction of a single-family residence that encroaches into the required rear yard setback on Lot 4B3, Block 2, Bells Flats Alaska Subdivision; Birch Circle (Stutes/ Gagne). KIBS225512 REGULAR MEETING - 6 - May 16, 1984 MS. FREED reported that the applicant had re -positioned the foundation on this lot and no longer required a variance for the building site as had originally been applied for. MS. FREED reported that since the Public Hearing had already been advertised, the Commission might want to receive any public testimony. 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. F No action was required on Case 84-051. K) CASE 84-052. Request for a conditional use permit in accord- ance with Section 17.17.030 (Conditional Uses) to permit a fireworks stand in a Rural Residential District (RR1) located on a portion of Lot 3, Block 1, Woodland Acres; 3315 Rezanof Drive East (Guy Denton). There was no additional staff report, and the CHAIRMAN 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 JAMES MOVED ON CASE 84-052 TO GRANT THE REQUEST FOR A CONDITIONAL USE PERMIT in accordance with Section 17.17.030 (Conditional Uses) to permit a fireworks stand in a Rural Resi- dential District (RR1), located on a portion of Lot 3, Block 1, Woodland Acres; 3315 Rezanof Drive East, with the three conditions of the May 7, 1984 staff memorandum: 1. that structures be removed from the lots by Monday, July 9, 1984; 2. that this permit is good for one year only; and 3. that those conditions addressed by the Borough in a letter to perspective stand operators dated April 12, 1984 be adhered to. The motion was seconded and the question called. The motion CARRIED by roll call vote, with Commissioner Rennell voting "no." L) CASE 84-053. Request for a conditional use permit in accord- ance with Section 17.17.030 (Conditional Uses) to permit a fireworks stand in a Rural Residential District (RR1), located on Lot 3B, Block 1, Miller Point Subdivision; 3725 Rezanof Drive East (Joel Hayes). There was no additional staff report. The CHAIRMAN recessed the Regular Meeting and opened the Public Hearing. MR. JOEL HAYES was present and stated he was aware of all the conditions required of the conditional use permit, and that he would adhere to them. There were no further audience comments. The CHAIRMAN closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER HILL MOVED ON CASE 84-053 TO GRANT THE REQUEST FOR A CONDITIONAL USE PERMIT in accordance with Section 17.17.030 (Conditional Uses) to permit a fireworks stand in a Rural Residential District (RR1), located on Lot 3B, Block 1, Miller Point Subdivision; 3725 Rezanof Drive, with the conditions as stated in the staff memo- randum of May 7, 1984: 1. that the structure discontinue the selling of fireworks by Monday, July 9, 1984; 2. that this permit is good for one year only; and 3. that those conditions addressed by the Borough in a letter to perspective stand operators dated April 12, 1984 be adhered to. KIBS225513 REGULAR MEETING - 7 - May 16, 1984 The motion was seconded. CHAIRMAN GREGG called for a roll call vote. The motion CARRIED by roll call vote, with Commissioner Rennell voting "no." M) CASE 84-054. Request for an exception from Section 17.17.020 (Permitted Uses) to permit the excavation of rock and gravel from residential Lot 9A, Block 4, Monashka Bay Alaska Sub- division; 2660 Otmeloi Point Road (Eric Goossen). Ir MS. FREED reported receipt of additional written public testimony. Referring to the site plan, Ms. Freed explained that the area located between Road "A" and Area "B" is "fill area," and that the dotted line represented the drive-in access to the building site. The profile is of Lot 10, 9A, and 8B, as the adjacent property was also being excavated at the time the gravel extraction issue was brought to the Commission's attention. The adjacent property owner was present to answer questions for the Commission. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MS. DENISE MIDDLESWORTH, adjacent property owner, spoke in favor of granting the exception request. Ms. Middlesworth believed that it was all right to "blast to road level" and trade the rock for the contractor's work, if a person was financially unable to develop in any other way. MR. ERIC GOOSSEN, property owner, spoke in favor of granting the request for the following reasons: granting the exception would allow access to the property; would allow a place for a building; would reduce public hazards; and would improve the appearance of the property. Mr. Goossen said he would be willing to work with the Borough by removing material to a level of "three to four feet above the road, or a reasonable grade." Mr. Goossen stated that it might take until next spring to have the extraction and construction completed. Mr. Goossen could work with staff's recommendation on the amount of material to be removed, if the exception were granted. MR. DAVE HERRNSTEEN (owner of Lot 11, Block 4, Monashka Bay Alaska Subdivision; and resident on Lot 13, Block 2, Monashka Bay Alaska Subdivision) gave a brief history of the area. Mr. Herrnsteen stated he objected to "people wanting to get a cheap lot and lowering the land values of the people around them," and to "turning those three lots into a quarry." Mr. Herrnsteen reminded the Commission that the Uniform Building Code had requirements for grading and filling, and suggested that the Borough adhere to those requirements. MR. CHUCK LEWIS (Lot 1, Block 5, Monashka Bay Alaska Subdivision) felt that the property was being turned into a rock quarry. Mr. Lewis spoke of a problem with trees falling from lack of wind protection, created on his property when surrounding land owners clear-cut and excavate, and he voiced his concern and objection to any further misuse of land. Mr. Lewis stated he would be opposed to any commercial sale of materials excavated from the area. MR. DANIEL MACIAK (owner of Lot 3, Block 3, Monashka Bay Alaska Subdivision), recently involved with the Gravel Extraction Task r Force, but not representing the group, spoke before the Commission as I a private citizen. Mr. Maciak noted that an appeal by a local contractor regarding the gravel extraction issue was scheduled for action at the June 7, 1984 Borough Assembly Meeting. Mr. Maciak recommended that the request for an exception be "placed on hold," allowing the Gravel Extraction Task Force time to come up with some alternatives, suggestions, and possible remedies to the problem. Also, Mr. Maciak felt that if the Commission acted upon this request, they might set a dangerous precedent and any action by the Task Force would then be mute. Mr. Maciak was personally opposed to granting a variance, concurring with Mr. Herrnsteen's comments. KIBS225514 REGULAR MEETING - 8 - May 16, 1984 As there were no further audience comments, the CHAIRMAN closed the Public Hearing and reconvened the Regular Meeting. THE COMMISSIONERS discussed the comments that had been made, the issue of determining the "line between site improvement and the extraction and sale of rock," and parts of the Borough attorney's opinion was quoted: "an exception is not required to do the necessary excavation for building, which is specifically permitted. Sand and gravel extraction, which is not related to site preparation for r permitted building, is prohibited in all districts, except the Industrial zone." COMMISSIONER KNIGHT, in talking with the Borough attorney, felt one problem was there was provision for excavation under the Uniform Building Code, but those provisions were not being complied with within the Borough. COMMISSIONER CROWE MOVED TO TABLE THE REQUEST FOR AN EXCEPTION from Section 17.17.020 (Permitted Uses) to permit the excavation of rock and gravel from residential Lot 9A, Block 4, Monashka Bay Alaska Subdivision until the June 20, 1984 Regular Meeting. The motion was seconded and the CHAIRMAN called for a roll call vote. The motion to table FAILED, with Commissioners Knight, Crowe, and Gregg voting "yes." COMMISSIONER HILL MOVED IN CASE 84-054 TO GRANT A REOUEST FOR AN EXCEPTION from Section 17.17.020 (Permitted Uses) to permit the excavation of rock and gravel from residential lot 9A, Block 4, Monashka Bay Alaska Subdivision; 2660 Otmeloi Point Road. The motion was seconded. COMMISSIONER HILL FURTHER MOVED that as part of the building process a grading permit should be obtained from the Borough Building Official so that the project could be monitored. r CHAIRMAN GREGG asked if the motion was clear and the Commission answered that it was not clear. The CHAIRMAN asked the secretary to read the summary of the motion and MS. FREED summarized the motion: "To approve a request for an exception from Section 17.17.020 (Permitted Uses) to permit the excavation of rock and gravel from residential Lot 9A, Block 4, Monashka Bay Alaska Subdivision; 2660 Otmeloi Point Road, and that the exception be granted for rock removal and fill, subject to the plan submitted by the applicant, Mr. Eric Goossen. That plan would allow,for the creation of a building site, safe and reasonable ingress and egress, and a workable septic system. As part of the building permit process, a grading permit should be obtained from the Borough Building Official, so that the project can be monitored." The summarized motion was seconded. Discussion followed on extraction of gravel for commercial use and the meaning of "properly functioning septic system." There was disagreement with staff's recommendation. The rights of the property owner, as well as the rights of surrounding property owners were discussed. The question was called. Commissioner Knight requested that the motion be restated, and MS. FREED restated the motion: "To approve a request for an exception from Section 17.17.020 to permit r the excavation of rock and gravel from residential Lot 9A, Block 4, Monashka Bay Alaska Subdivision; 2660 Otmeloi Point Road, to allow for the rock removal and fill, subject to the plan submitted, and as part of the building permit process, a grading permit should be obtained from the Borough Building Official, so that the project can be monitored." COMMISSIONER KNIGHT questioned the grading process, and Ms. Freed reported the applicant could be required to get a grading permit from the Borough as a condition in granting the exception request. The CHAIRMAN called for a roll call vote. The motion FAILED by tie roll call vote, with Commissioner Crowe abstaining from the vote because of possible conflict of interest. KIBS225515 REGULAR MEETING - 9 - May 16, 1984 The CHAIRMAN informed the applicant of the right to appeal to the Borough Assembly by writing to the Borough Clerk within ten (10) days. COMMISSIONER KNIGHT MOVED AS FINDINGS OF FACT AND REASONS FOR DENIAL: 1. removal of rock and gravel is not a permitted use in a resi- dential district; 2. there is no compelling reason to remove upward of 20,000 cubit yards of material; 3. the removal of rock material will not be for residential purposes; 4. the applicant's site plan and description of the project will adversely impact the neighborhood; 5. the proposed excavation does not relate to site preparation; 6. the Borough attorney's opinion states that this action is inconsistent with the adopted Uniform Building Code, Chapter 70; 7. adverse public comment and testimony received; and 8. the request does not satisfy all the requirements of granting an exception. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER CROWE MOVED TO RECESS THE REGULAR MEETING after Item "0" on the agenda. The meeting would be reconvened May 17, 1984 at 6:30 p.m. in the Borough Assembly Chambers. The motion was seconded and CARRIED by unanimous voice vote. N) CASE 84-055. An ordinance of the Kodiak Island Borough creating Chapter 17.34, Zero -Lot -Line Development (Planning and Zoning Commission) . MS. FREED reported that the suggestions discussed at the May 9, 1984 worksession had been incorporated into the proposed ordinance . r MR. BUD CASSIDY explained the definition of "common wall." CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MR. EUGENE MUELLER commented on Section 17.34.030 Area Require- ments, requesting that the minimum lot area required follow in line with the R2 requirement of a 7,200 square -foot lot, but if that was not acceptable to the Commission, that the minimum lot area required be 4,000 square feet per dwelling unit. Mr. Mueller wanted the lot width cut down. Mr. Mueller further commented on Section 17.34.070 Accessory Building, requesting that an accessory building be allowed to be 300 square feet, "or scratch the square - footage figure on the accessory building, as long as the accessory building and the unit do not exceed the maximum percentage to be built on that lot." MR. SCOTT ARNDT concurred with Mr. Mueller's comments on Section 17.34.030 Area Requirements, and suggested that the lot width be reduced from forty feet to thirty feet. UNIDENTIFIED AUDIENCE commented on the lot width, stating that thirty feet in width was too small for people to live on. r As there were no further audience comments, the CHAIRMAN closed the Public Hearing and reconvened the Regular Meeting. The Commission discussed lot width, area requirements, accessory buildings, and side yard setbacks. COMMISSIONER CROWE MOVED TO PASS ON TO THE BOROUGH ASSEMBLY an ordinance of the Kodiak Island Borough, creating Chapter 17.34, Zero -Lot -Line Development, per the changes in the draft zero -lot -line ordinance, which included: KIBS225516 REGULAR MEETING - 10 - May 16, 1984 1. In Section 17.34.030 Area Requirement, minimum lot area was reduced from 4,500 square feet to 4,000 square feet. The minimum lot width was reduced from 40 feet to 30 feet; 2. In Section 17.34.060 Maximum Lot Coverage, the maximum lot coverage allowed was changed from 60 percent of the lot area to 50 percent of the lot area; 3. In Section 17.34.070 Accessory Buildings, the 120 square -foot area requirement of the accessory building was deleted, but the j requirement of a single accessory building per lot was retained. The motion was seconded and the CHAIRMAN called for a roll call vote. The motion CARRIED by unanimous roll call vote. 0) CASE 84-022. An appeal from an administrative decision from Section 17.68.020 finding a non -permitted business use (body shop) in a residential district on Lot 9A, Block 2, Monashka Bay Alaska Subdivision; 3020 Bayview Drive (Randy and Charlene Chase). MS. FREED reported that Mr. Scott Arndt, representing Randy and Charlene Chase in the appeal, recommended tabling the decision until the applicants could come before the Commission. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. COMMISSIONER RENNELL read a written public testimony from Sid A. Cozart into the record. MR. RONALD CHASE represented his son Randy Chase before the Commission. Mr. Chase discussed the petition from property owners r living within a 300-foot radius who had no objection to Randy Chase temporarily doing auto body repair work from his residence for a maximum of six months. MS. JOAN MINKS (Lot 18A-1, Block 1, Monashka Bay Subdivision) stated she had no objection to the auto body repair work being done as long as the six-month deadline was adhered to. MR. SCOTT ARNDT represented Mr. Chase in his absence before the Commission. Mr. Arndt reported that Mr. Chase had several options available, and that some of the alternatives were pending. Mr. Arndt requested that the decision from the Commission be tabled until the June 20, 1984 Regular Meeting. As there were no further audience comments, the CHAIRMAN closed the Public Hearing and reconvened the Regular Meeting. The Commission discussed the request. COMMISSIONER CROWE MOVED TO UPHOLD THE ADMINISTRATIVE DECISION of Section 17.68.020, finding a non -permitted business use in a residential district on Lot 9A, Block 2, Monashka Bay Alaska Sub- division. The motion was seconded and the question called. The motion CARRIED by unanimous roll call vote. COMMISSIONER CROWE MOVED TO ADOPT AS FINDINGS OF FACT AND REASONS FOR UPHOLDING THE DECISION: 1. that the applicant was acting illegally; 2. that zoning ordinances are for protection of the property owner; 3. that the Commission would be setting a precedent by allowing this use and not upholding the code; and 4. that the use was not in existence before June 5, 1980; therefore, the use is not covered by the grandfathered clause. The motion was seconded and CARRIED by unanimous voice vote. REGULAR MEETING - 11BS225517 May 16, 1984 COMMISSIONER HILL MOVED TO GRANT AN EXCEPTION TO GIVE RELIEF to Randy Chase to operate a body shop on Lot 9A, Block 2, Monashka Bay Alaska Subdivision until December 31, 1984. The motion was seconded and the CHAIRMAN called for a roll call vote. The motion CARRIED by roll call vote, with Commissioner Rennell voting "no." COMMISSIONER CROWE MOVED TO RECESS THE REGULAR MEETING until 6:30 p.m. on May 17, 1984. The motion was seconded and CARRIED by unanimous voice vote. The meeting was recessed at 12:10 a.m. on May 17, 1984. The reconvened meeting of May 17, 1984 was called to order at 6:35 p.m. in the Borough Assembly Chambers, Kodiak, Alaska. PYGIRWIL\wM Commissioners Present: Also Present: Marlin Knight Linda Freed, Director Virginia Crowe Community Development Department Ken Gregg, CHAIRMAN Dan James Bud Cassidy, Assistant Planner Fred Patterson Cathy Kester, Acting Planning Secretary Commissioners Absent: Rennell and Hill, excused. VI PUBLIC HEARINGS, Continued: P) CASE 84-056. An ordinance of the Kodiak Island Borough revising Chapter 16.40, Mobile Home Parks (Planning and Zoning Commission). MS. FREED reported receipt of comments from a resident in the community who wanted to see Section 17.26.115 Foundations deleted. 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. The Commission discussed the proposed ordinance. COMMISSIONER PATTERSON MOVED TO TABLE CASE 84-056. The motion was seconded and CARRIED by unanimous voice vote. Q) CASE 84-026. Request to rezone Lot 21 through 24 and Lots 6 through 9, U.S. Survey 3099 from Rural Residential One (RR1) to Multi -Family Resi- dential District (R3) in accordance with Chapter 17.72 (Amendments and Changes), generally located on Mission Road near Jackson's Mobile Home Park (Representative Property Owners). There was no additional staff report. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MS. PETRINA PETERSON (USS 3099, Lot 7) spoke in opposition to granting the request for zoning change to R3, and felt the area should remain RR1 or be rezoned to R1. r MS. BERYL LASSEN (USS 3099, Lot 4A) read a letter from ALVIN BURCH (USS 3233, Lot 10, 11, and 12) into the record, which requested that no change be made to the character of the area. The letter further stated, regarding CASE 84-035, that USS 3099 and USS 3233 be left as they are. Ms. Lassen, speaking of CASE 84-035, was in opposition to greater density in the area. Ms. Lassen also voiced concern about the storage of fishing gear in an Rl district, and her concerns were addressed by Ms. Freed and the Commission. MRS. DEBRA BOYER (USS 3099, Lots 4B and 4C) spoke in opposition to the request for zoning change. Mrs. Boyer requested that the area remain RR1, or if it needed to be rezoned, she would be acceptable to R1. REGULAR MEETING - 12 K113S225518 May 16, 1984 MRS. LORNA STEELMAN (USS 3099, Lots 2A and 2B) spoke in opposition to the request for zoning change. Mrs. Steelman's objection was to any greater density or congestion in the area. MR. OKEY CHANDLER (USS 3099, Lot 2C) spoke in opposition to any greater density in the area, and requested that any zoning change of this nature should be placed on the voting ballot. Mr. Chandler also requested that the area be left at its present RR1 zoning status. MR. WALT EBELL (USS 3019, PT Lot 18B) spoke in opposition to the request for zoning change. Mr. Ebell felt there was a lot of misunderstanding regarding nonconforming uses and the continuing use thereof, stating that Chapter 17.36 Existing Nonconforming Uses and Structures was more restrictive than people believed. Mr. Ebell felt there was no reason to rezone the area, as there was a completely adequate source of property for development within the Borough. Mr. Ebell spoke in opposition to greater density of the Spruce Cape area. MR. ERIC VAN EATON (Spruce Cape Road) spoke in opposition to the request for zoning change in the Spruce Cape area, due to a desire for no greater density in the area. MR. TOM HEALEY, spoke for clarification of the request presently being considered by the Commission. All public testimony heard during this Public Hearing was in regards to CASE 84-035, the request for zoning change in the Spruce Cape area, initiated by the Planning and Zoning Commission. Mr. Healey restated that this request was for zoning change of Lots 21 through 24 and Lots 6 through 9 of USS 3099. Mr. Healey stated his intent for the zoning change was to be able to expand his present one acre into four one -quarter acre parcels, with a road and sewer and water facilities. Mr. Healey reported that Melvin and Shari Wick (USS 3099, Lot 5C) had verbally expressed non -objection to a zoning change to R3. r MR. DUANE PETERSON (USS 3099, Lot 7) spoke in opposition to the request for zoning change to R3, but had no objection to a zoning change to R1, if a zoning change had to be made. Mr. Peterson commended the Commission for their attempt to "clean up the area." As there were no further audience comments, CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER CROWE MOVED TO REMOVE FROM THE TABLE CASE 84-026, a request to rezone Lots 21 through 24 and Lots 6 through 9, U.S. Survey 3099, from Rural Residential District (RR1) to Multi -family Residential District (R3). The motion was seconded and CARRIED by unanimous voice vote. CHAIRMAN GREGG noted for the record that Commissioner Hill was present. COMMISSIONER CROWE MOVED TO GRANT THE REQUEST TO REZONE Lots 6 through 9 and Lots 21 through 24, U.S. Survey 3099, from Rural Residential District (RR1) to Multi -family Residential District (R3). The motion was seconded and the CHAIRMAN called for a roll call vote. The motion FAILED by unanimous roll call vote. COMMISSIONER HILL MOVED TO ADOPT AS FINDINGS OF FACT AND REASONS FOR DENIAL: 1. that increasing the density does not seem to be appropriate where the public has testified that the area is already too r dense; 2. the adverse public testimony against rezoning the area from RR1 to R3; 3. many of the lots in the area are currently below the 7,200 square - foot level in lot size; and 4. incoming sewer and water should not be the primary reason for rezoning the area, as other consideration should be taken into account (i.e., lot size and the current character of the area). The motion was seconded and CARRIED by unanimous voice vote. KIBS225519 REGULAR MEETING - 13 - May 16, 1984 R) CASE 84-035. Request to rezone all of U.S. Surveys 3100, 3101, and 3233 and a portion of U.S. Survey 3099 from Rural Residential One District (RR1) to Two -Family Residential District (R2) in accordance with Chapter 17.72 (Amendments and Changes), located on Mission Road from Jackson's Trailer Court to the end of U.S. Survey 3101 (Mission Road) (Planning and Zoning Commission). COMMISSIONER CROWE MOVED TO REMOVE CASE 84-035 FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. rMS. FREED reported receipt of additional public hearing notices. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. F F CHAIRMAN GREGG noted that all testimony relating to CASE 84-035, which was heard under CASE 84-026, would become part of the record in con- sidering the request for zoning change. OKEY CHANDLER gave a brief history of the sewer and water facilities in the area. Mr. Chandler felt that the population in the area was already greater than expected, and he requested that the area remain RR1. MS. FREED reported that, based on information received from the public, staff recommended TABLING the request and allowing another month's consideration of the issue. CHAIRMAN GREGG closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER JAMES MOVED ON CASE all of U.S. Surveys 3100, 3101, from Rural Residential District (R2) in accordance with Chapter June 20, 1984 Regular Meeting. CARRIED by unanimous voice vote. 84-035 TO TABLE THE REOUEST TO REZONE 3233, and a portion of U.S. Survey 3099 (RR1) to Two-family Residential District 17.72 (Amendments and Changes) until the The motion was seconded. The motion CHAIRMAN GREGG noted that Item S had been moved to the first item on the agenda to accommodate public testimony. T) CASE S-84-020. (Preliminary) Subdivision of Lot 25A, Russian Creek Alaska Subdivision into Lots 25A-1, 25A-2, and 25A-3, Russian Creek Alaska Subdivision (Lorne "Lonnie" White). MS. FREED gave an additional staff report. 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. COMMISSIONER HILL MOVED ON CASE S-84-020 TO GRANT FINAL APPROVAL of Subdivision of Lot 25A, Russian Creek Alaska Subdivision to Lots 25A-1, 25A-2, and 25A-3, Russian Creek Alaska Subdivision per the memorandum of May 18, 1984 from the Borough Engineer, with all the recommendations. The motion was seconded and the CHAIRMAN called for a roll call vote. The motion CARRIED by unanimous roll call vote. U) CASE S-84-021. (Preliminary) Subdivision of Lot 11C, Block 8, Leite Addition, U.S. Survey 1681 to Lots 11C-1 and 11C-2, Block 8, Leite Addition, U.S. Survey 1681 (Robert Simpler). MS. FREED noted the receipt of additional public hearing notices (one in opposition and one non -objection), and that the request could be granted FINAL approval. 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. REGULAR MEETING - 14 - KIBS225520 May 16, 1984 COMMISSIONER HILL MOVED ON CASE S-84-021 TO GRANT FINAL APPROVAL of the Subdivision of Lot 11C, Block 8, Leite Addition, U.S. Survey 1681 to Lots 11C-1 and 11C-2, Block 8, Leite Addition, U.S. Survey 1681 per the memorandum of May 8, 1984 from the Borough Engineer, with the recommendation that no structure be erected on Lot 11C-1. The motion was seconded and the CHAIRMAN called for a roll call vote. The motion CARRIED by roll call vote, with CHAIRMAN Gregg voting "no." CHAIRMAN GREGG noted that his reason for voting "no" was that financial r hardship was not adequate grounds for subdivision. V) CASE S-84-022. (Preliminary) Subdivision of Lot 15, Block 4, Monashka Bay Alaska Subdivision into Lots 15A and 15B, Block 4, Monashka Bay Alaska Subdivision (Sam Holden). CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. MR. SAM HOLDEN was present to answer any questions for the Commission. As there were no further audience comments, the CHAIRMAN closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER JAMES MOVED ON CASE S-84-022 TO GRANT FINAL APPROVAL of the Subdivision of Lot 15, Block 4, Monashka Bay Alaska Subdivision into Lots 15A and 15B, Block 4, Monashka Bay Alaska Subdivision subject to the conditions stated in Mr. Dave Crowe's memorandum of May 8, 1984. The motion was seconded and the CHAIRMAN called for a roll call vote. The motion CARRIED by unanimous roll call vote. W) CASE S-84-023. (Preliminary) Subdivision of Lot 8, Block 1, Shahafka Acres Subdivision, U.S. Survey 3218 into Lots 8A, 8B, and 8C, Block 1, Shahafka Acres Subdivision, U.S. Survey 3218 (Craig H. Johnson). MR. BUD CASSIDY reported that eleven (11) public hearing notices had been mailed out and that none had been returned. 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. COMMISSIONER HILL MOVED ON CASE S-84-023 TO GRANT FINAL APPROVAL on subdivision of Lot 8, Block 1, Shahafka Acres Subdivision, U.S. Survey 3218 into Lots 8A, 8B, and 8C, Block 1, Shahafka Acres Subdivision, U.S. Survey 3218 per the memorandum of May 8, 1984 from the Borough Engineer, adding Condition 114: 4. that drainage be maintained through Lot 8C. The motion was seconded and the CHAIRMAN called for a roll call vote. The motion CARRIED by unanimous roll call vote. X) CASE S-84-024. (Preliminary) Vacation of Lots 11 and 12, Block 1, Monashka Bay Alaska Subdivision and Replat to Lots 11A, 12A, and 12B, Block 1, Monashka Bay Alaska Subdivision (John J. Eufemio, M.D.). MR. BUD CASSIDY reported that twenty-four (24) public hearing notices had been sent out none had been returned. 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. COMMISSIONER JAMES MOVED ON CASE S-84-024 TO GRANT FINAL APPROVAL to the vacation of Lots 11 and 12, Block 1, Monashka Bay Alaska Subdivision and Replat to Lots 11A, 12A, and 12B, Block 1, Monashka Bay Alaska Subdivision per the four (4) conditions of the Borough Engineer's memo- randum of May 8, 1984. The motion was seconded and the CHAIRMAN called for a roll call vote. The motion CARRIED by unanimous roll call vote. KIBS225521 REGULAR MEETING - 15 - May 16, 1984 COMMISSIONER PATTERSON requested a five-minute recess, and the CHAIRMAN recessed the meeting until 8:00 p.m. CHAIRMAN GREGG reconvened the Regular Meeting at 8:00 p.m. VII OLD BUSINESS: A) CASE 84-032. Request for a variance from Section 17.57.020 (Off -Street Parking --Number of Spaces Required) to provide less parking than required on Lot 8, Block 3, New Kodiak Subdivision (Ernest H. Mills). ATTORNEY DICK RAY, representing the applicant, reviewed present parking conditions in the surrounding area and disagreed with the staff report of May 15, 1984 from the Community Development Department. Attorney Ray recommended that the Commission adopt recommendation 2A of the staff report and presented further detail of the proposed parking plan to the Commission. Attorney Ray also explained the proposed layout of the upstairs retail area to the Commission, in an attempt to clarify calculations of the parking spaces required. The Commission, Ms. Freed, and Attorney Ray discussed in detail the requirements of the code related to granting the variance request. MR. ERNEST MILLS was present and continued the discussion of the parking requirements and total square footage of the retail area of the proposed structure. COMMISSIONER KNIGHT reminded the Commission that previously the Commission had granted variance for ten (10) parking spaces, and now the request was for eight (8) parking spaces. Additionally, Commissioner Knight questioned what would prevent the applicant from changing the plan to comply with the parking requirements of the code. MR. MILLS noted that a contract had been signed with the City of Kodiak, r that the second story of the structure had to be fisheries -related/ commercial, and that the dimensions of the building were "tied down" regarding square footage. The contract between Mr. Mills and the City of Kodiak, amendments to that contract, and the Urban Renewal plan were discussed. COMMISSIONER HILL MOVED TO RESCIND THE PREVIOUS ACTION OF THE COMMISSION at the Regular Meeting of April 18, 1984. The motion to rescind was seconded. The CHAIRMAN called for a roll call vote, and the motion CARRIED by unanimous roll call vote. COMMISSIONER HILL MOVED TO ADOPT AS FINDING OF FACT AND REASONS FOR RESCINDING THE PREVIOUS ACTION: 1. that in the previous plan, Rezanof was not spelled out correctly as the identification of the right-of-way; and 2. that changes had been made in the calculations of the retail space on the second floor of the proposed structure. The motion was seconded and the CHAIRMAN called for a roll call vote. The motion CARRIED by unanimous roll call vote. COMMISSIONER HILL MOVED ON CASE 84-032 TO GRANT A REQUEST FOR VARIANCE from Section 11,51,020 (Off -Street Parking --Number of Spaces Required) to provide less parking than required on Lot 8, Block 3, New Kodiak Subdivision. The variance would be a granting of two (2) parking spaces, and the Commission would go along with eight (8) parking spaces on the lower level. The motion was seconded. COMMISSIONER CROWE MOVED TO AMEND THE MOTION to include the condition: 1. that the parking lot be paved within one (1) year; and 2, that the parking spaces be striped. The motion to amend was seconded and the CHAIRMAN called for a roll call vote. The amendment CARRIED by unanimous roll call vote. KIBS225522 REGULAR MEETING - 16 May 16, 1984 COMMISSIONER PATTERSON commended the applicant for his patience in following through with this request. The CHAIRMAN called for a roll call vote on the amended motion. The amended motion CARRIED by roll call vote, with Commissioners James and Knight voting "no." B) CASE S-83-051. (Final) Subdivision of Lot 9, Block 6, Miller Point Alaska Subdivision, First Addition, U.S. Survey 3462-63 into Lots 9A through 9F, Miller Point Alaska Subdivision, First Addition, U.S. Survey 3462-63 (Leonard P. "Pat" Briggs). There was no additional staff report. COMMISSIONER JAMES MOVED ON CASE S-83-051 TO GRANT FINAL APPROVAL to the subdivision of Lot 9, Block 6, Miller Point Alaska Subdivision, First Addition, U.S. Survey 3462-63 into Lots 9A through 9F, Miller Point Alaska Subdivision, First Addition, U.S. Survey 3462-63, per the six (6) conditions on the memorandum of the Borough Engineer dated May 8, 1984. The motion was seconded and the question called. The motion CARRIED by unanimous roll call vote. VIII NEW BUSINESS: COMMISSIONER CROWE MOVED TO ACKNOWLEDGE RECEIPT of Mr. Walt Ebell's letter of May 4, 1984. The motion was seconded and CARRIED by unanimous voice vote. IX COMMUNICATIONS: MS. FREED noted a memorandum from the Borough Attorney regarding the gravel extraction issue. A. Conflict of Interest ordinance, Section 2.18 of Borough Code and AS 29.23.555. B. Zoning News, American Planning Association, March 1984 issue. C. Letter from Joel Bolger regarding Borough's zoning jurisdiction. D. Letter from Joel Bolger - Building Permit Revocation X REPORTS: MS. FREED noted the May 17, 1984 memorandum from the Community Development Department regarding three possible violations. MS. FREED noted that the next worksession would include discussion on the following: 1. Assembly of God Church development plan; 2. the proposal from Glacier State for a switching station; 3. gravel extraction for the Kodiak Construction Company; and r 4. the removal of over -burden from a lot. MS. FREED recommended adding "Audience Comments" to the end of the agenda, just prior to "Adjournment." Ms. Freed commented that as she will be Acting Borough Manager in the months to come, she would not be able to attend all of the meetings of the Planning and Zoning Commission. XI COMMISSIONER'S COMMENTS: KIBS225523 CHAIRMAN GREGG requested a verbatim transcript for all Commissioners of the gravel extraction issue. The CHAIRMAN requested a consensus of the Commission on whether or not removal of over -burden not for sale should be allowed. REGULAR MEETING - 17 - May 16, 1984 COMMISSIONER KNIGHT reported that it was not the intent of the motion made regarding gravel extraction to combine tree stumps or over -burden in the same catagory as the extraction of rock. COMMISSIONER KNIGHT MOVED TO ADOPT AS THE CONSENSUS OF THE COMMISSION that it was not the intent of the original motion regarding gravel extraction to include other than sand, gravel, or rock (i.e., over- burden or tree stumps). The motion was seconded and CARRIED by unanimous voice vote. rCHAIRMAN GREGG directed staff to inform the Engineering Department that Len Grothie's new subdivision (the one that was going to be called "Lilly Way" but was not allowed to be called "Lilly Way") is signed. COMMISSIONER HILL MOVED TO ADD "AUDIENCE COMMENTS" to the end of the agenda, just before "Adjournment." The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HILL MOVED THE AREA KNOW or as appropr voice vote. F TO INVESTIGATE THE RE .AIRPORT and the surrounding area to Industr motion was seconded and CARRIED by unanimous COMMISSIONER HILL commented on the parking behind Berg Motor Company, and directed staff to investigate the possibility of removing the vehicles from the lot. Also Commissioner Hill commented on the off - site parking in the area of Rite or Wong's restaurant, directing staff to investigate. Commissioner Hill discussed the denied approval of the Wasson subdivision case from the April 18, 1984 meeting, which was sent back to the applicant for redesign. COMMISSIONER KNIGHT commented that if approval was granted to sub- divisions that include unbuildable lots, the Commission should act to reconsider those approvals. Commissioner Knight commented that r the Gravel Extraction Task Force has been reviewing the extraction of rock and the filling -in of areas that are unbuildable and should never have been approved (i.e., the corner of Sawmill Circle and Lakeview Drive). COMMISSIONER JAMES felt the parking ordinance should be addressed at a public meeting no later than July 1984. MS. FREED recommended that each Commissioner review the code and direct staff regarding their wishes for correction. COMMISSIONER PATTERSON recommended formulating a request to the Borough Assembly regarding additional staff for the Community Development Department. Commissioner Patterson further reminded the Commission that a letter was needed to KMXT radio station in an attempt to get the Regular Meetings on the air so that people from Chiniak and the villages could share in the activities of the Commission. COMMISSIONER KNIGHT suggested a definition of what qualifies "home occupation." CHAIRMAN GREGG suggested changing the scheduled meeting time of the Regular Meeting to 6:30 p.m. Also, CHAIRMAN Gregg suggested setting aside one worksession each month and, by committee approach, con- sider the problems facing the community (i.e., parking, zero -lot - line, mobile home park ordinance). XIII AUDIENCE COMMENTS: MR. GARY GILBERT, representing McDonald's Corporation (Case 84-038), read a statement into the record supporting the parking variance request previously denied by the Commission The Commission discussed the previous action taken on Case 84-038. KIBS225524 REGULAR MEETING - 18 - May 16, 1984 XII ADJOURNMENT: COMMISSIONER CROWE MOVED TO ADJOURN the Regular Meeting of May 16 and 17, 1984. The motion was seconded and CARRIED by unanimous voice vote. CHAIRMAN Gregg adjourned the meeting at 9:40 p.m. on May 17, 1984. r-- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST BY: Cathy ester, Acting Secretary DATE APPROVED: �K, ZU r Date 7 !WA KIBS225525 REGULAR MEETING - 19 - May 16, 1984