1984-09-19 Regular Meetingr—
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - September 19, 1984
7:30 p.m.
MINUTES
I CALL TO ORDER
The Regular Meeting of the Planning and Zoning Commission was called
to order at 7:30 p.m. by Chairman Gregg on September 19, 1984 in the
Borough Assembly Chambers.
II ROLL CALL
Commissioners Present:
Ken Gregg, Chairman
Tim Hill
Dan James
Marlin Knight
Steve Rennell
Commissioners Absent:
Virginia Crowe, Excused
Fred Patterson, Excused
III APPROVAL OF AGENDA
Others Present:
Linda Freed, Director
Community Development Department
Bud Cassidy, Assistant Planner/
Zoning Officer, Community
Development Department
Dave Crowe, Borough Engineer
Engineering Department
Patty Spencer, Secretary
Community Development Department
Cathy Kester, Assisting Secretary
General Administration
COMMISSIONER HILL MOVED TO AMEND THE AGENDA to consider ITEM VII
VII(J) (CASE S-84-036); to consider ITEM VII(I) with ITEM VII(D); and
add ITEMS C, D, E, F, and G to Communications. The motion was
seconded and CARRIED by unanimous voice vote.
IV MINUTES OF PREVIOUS MEETINGS:
COMMISSIONER HILL MOVED TO ACCEPT THE MINUTES of August 15, 1984
Planning and Zoning Commission. The motion was seconded and CARRIED
vote.
V APPEARANCE REQUESTS AND AUDIENCE COMMENTS
A) Monashka Bay Planning Group; Draft Neighborhood Plan.
Nancy Missal highlighted the Monashka Bay Draft Neighborhood Plan by
relaying information obtained from their questionnaire. The majority
of residences in that area preferred no industrial or commercial rock
extraction in their area.
Elaine Rennell described the planning goals as 1) to eliminate
existing conflicts in land use planning, 2) to insure the natural
environment is protected, 3) to provide public lands for future use,
and 4) to identify public service needs and promote the services to
meet these needs.
rMarsha Oswalt discussed the residents concerns about gravel
extraction, their desire for more recreational areas, the need for
turning the dumpsite into a landfill site, and discussed concern about
the water shed area.
The final draft will be ready for the Commission by the February
meeting. Ms. Freed suggested a work session prior to a joint public
meeting between the Monashka Bay Planning Group and the Planning and
Zoning Commission to discuss ideas and thoughts and obtain more public
input.
VI PUBLIC HEARINGS
A) CASE 84-085. Request for Rezoning of ADL 44355 and a portion of
KIBS225573
Tract "B" of BLM Tract "D" in accordance with Chapter 17.72.030
(Manner of Initiation) from Conservation to Industrial and Public
Use Lands (commonly known as the "sawmill site" and the landfill
site). (Kodiak Island Borough)
Staff noted that one public hearing notice had been returned and
requested to be read into the record. Staff wanted to correct an error
stated on the Staff Report that landfills are not a permitted or
conditional use in an Industrial District. They are not a permitted
use, but they are a conditional use.
Ms. Freed explained the method of mitigating the landfill site's
problem by "capping off" the existing dump with an impermeable water-
tight membrane and bale future garbage.
COMMISSIONER HILL MOVED TO REMOVE CASE 84-085 FROM THE TABLE. The
motion was seconded and CARRIED by unanimous voice vote.
Regular Session closed:
Public Hearing opened:
DAN OGG (letter read into the record by Ms. Freed) objects to the
rezoning and includes by reference all his comments from the Public
Hearing on this case on July 18, 1984.
NANCY MISSAL feels that staff's recommendation is a nice compromise.
She is concerned that the buffer area is not adequate if the area is
to be rezoned to industrial.
ERICK BLANKENBERG stated his agreement with Staff's recommendation.
CATHY CORDRY, resident of Monashka Bay, feels that the Commission
would be doing the community a service by accepting Staff's
recommendation.
TOBY COOK concurs with Staff's recommendation to allow sawmills and
seafood processing as uses in the Conservation district.
lam'
WALT EBELL, on the behalf of Timberline, supported the Staff's
recommendation and asked the Commission if they accept Staff's
recommendation, that they forward it on the Borough Assembly for
action rather than losing time by referring it back to staff. He
recommends that the recommendation be adopted.
Public Hearing closed:
Regular Session opened:
Ms. Freed stated that the Borough Manager has asked Staff to put
together a Land Sale Resolution for the October Assembly meeting, and
to include the property that is currently being leased by Timberline
on that land sale resolution. That particular piece of property is
pending an appeal on the subdivision plat. It may be difficult to
get that plat recorded between now and the time of the sale.
Prices and terms of the land sale need to be set in October. It may
be that the proposed changes may have an impact on the value of the
property.
COMMISSIONER KNIGHT MOVED TO DENY the request for rezoning of ADL
44355 and a portion of Tract "B" of BLM Tract "D" in accordance with
Chapter 17.72.030 (Manner of Initiation) from Conservation to
Industrial and Public Use Lands (commonly known as the "sawmill site"
and the landfill site); and moved to recommend to the Borough Assembly
that the Conservation zoning district be expanded to allow sawmills,
lumberyards, building material manufacture or sales and seafood
processing as permitted uses in the Conservation district. The motion
was seconded and CARRIED by unanimous roll call vote.
B) CASE 84-076. Request to investigate rezoning of the State
Airport area from Conservation to other zoning districts in
accordance with Chapter 17.72 (Amendments and Changes).
(Planning and Zoning Commission)
There was no additional staff report.
KIBS225574
Regular Meeting -2- September 19, 1984
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed:
Regular Session opened:
COMMISSIONER JAMES MOVED TO TABLE CASE 84-076 an investigation into
the rezoning of the State Airport area, until the Department of
Transportation Master Plan for the area is finalized. The motion was
seconded and CARRIED by unanimous roll call vote.
C) CASE 84-116. Appeal of an administrative decision to deny a
building permit based on a lack of zoning compliance, Section
11.11.020 (Appeals from Administrative Decisions). Lot 1, Block
8, Kodiak Townsite Alaska Subdivision. (Wilton White)
Staff had no additional report.
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed:
Regular Session opened:
COMMISSIONER JAMES felt that a building without a certificate of
occupancy should not be called a residential building. If the old
structure was removed before the certificate of occupancy was issued
for the new structure there shouldn't be a problem.
COMMISSIONER KNIGHT stated that there is a need to replace
nonconforming structures and this is one way of doing it, but there
should remain the ability to place restrictions and conditions.
Ms. Freed explained that staff would use this as a precedent for
interpretation of the Code, so that if someone else came in with a
similar request Staff would feel compelled to go ahead and issue a
building permit. But at the same time, Staff would use the conditions
that may be established for this case as a basis for issuing a
r building permit.
I Mr. Wilton White stated that the old structure must be removed before
the new structure can be completed because it encroaches
into the area occupied by the old building. They would hope to
complete the project by spring.
COMMISSIONER KNIGHT MOVED TO UPHOLD THE ADMINISTRATIVE DECISION. The
motion was seconded and CARRIED with Commissioner Gregg voting NO.
COMMISSIONER KNIGHT MOVED TO GRANT RELIEF to allow a building Dermit
to be issued for construction of a new dwelling, with the certificat
of occupancy not to be issued until the old structure is removed, an
that the old structure shall be removed within one year. The motion
was seconded and CARRIED by unanimous roll call vote.
COMMISSIONER JAMES MOVED TO ADOPT AS FINDINGS OF FACT:
1. A structure is not a residential structure until a certificate
of occupancy is granted.
2. The removal of a nonconforming structure and replacement with a
conforming structure is an improvement of the community.
The motion was seconded and CARRIED unanimously by a roll call vote.
D) CASE 84-101. Request for a Variance from Section 17.19.040A
r (Front Yards), and Section 17.36.040B (Nonconforming Structures),
I to permit the reconstruction of a dwelling unit that utilizes an
existing foundation that encroaches 3 feet into the required 25
foot front yard setback. Part of Lot 1, Block 13, Kodiak
Townsite Alaska Subdivision, 302 High Street. (Jill and Alan
Skaw)
Mr. Cassidy explained that the existing foundation actually encroaches
21 feet into the required 25 foot front yard setback, although the
structure is at least 21 feet from the actual road.
Regular Session closed: KIBS22SS%5
Public Hearing opened:
Regular Meeting -3- September 19, 1984
ALAN SKAW stated that due to high costs rather than reconstructing
an entire new structure he requests permission to tear the whole third
floor off and reconstruct it into more living space. He would still
like to be granted the variance for future use, to eventually be able
to construct a new structure on the existing foundation. His main
problem with the old structure is the low ceiling heights which to not
meet the Alaskan State Housing requirements.
COMMISSIONER JAMES noted that a variance is only valid for twelve
months.
Public Hearing closed:
Regular Session opened:
COMMISSIONER KNIGHT MOVED TO GRANT A VARIANCE from
Structures
of Lot 1, Block 13, Kodiak Townsite Al
reconstruction of a dwelling unit uti
an existing foundation that encroaches L1
foot front yard setback. The motion was s
Commissioners Rennell and Hill voting NO.
E) CASE 84-102. Case withdrawn per the request of the applicant.
F) CASE 84-103. Request for a Variance from Section 17.57.020
(Off -Street Parking... Number of Spaces Required), Section
17.57.040 (Parking Area Development Standards), and Section
17.57.060 (Off -Street Loading Requirements), to provide 1.5 less
parking spaces than required and exemptions from the paved public
parking lot requirements, screening of adjacent residentially
zoned lot requirement, and off-street loading requirement for the
construction of the new city office building. Lot 5, Block 8,
Port Lions Alaska Subdivision. (City of Port Lions)
Ms. Freed explained that there was a lengthy statement from a resident
of Port Lions who asked that his comments be read before the case is
decided. The statement arrived on the mail plane and was delivered at
7:00 p.m. tonight.
CHAIRMAN GREGG called for a five minute break
8:40 p.m. and reconvened at 8:45 p.m.
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed:
Regular Session opened:
The meeting recessed at
COMMISSIONER JAMES MOVED TO GRANT A VARIANCE from Section 17.57.020
(Off -Street Parking... Number of Spaces Required), Section 17.57.040
(Off -Street Loading Requirements), to
than reauired and exemptions from the
lot
spaces
requirements, screening of adjacent residentially zoned lot
requirement, and off-street loading requirement for the construction
of the new city office building. Lot 5, Block 8, Port Lions Alaska
Subdivision. The motion was seconded and CARRIED by unanimous roll
call vote.
G) CASE 84-105. Request for a Variance from 17.19.040C (Rear Yards)
to permit the construction of a main dwelling that encroaches
13.5 feet into the required 25 foot setback. Lot 8B, Block 1,
Shahafka Acres Subdivision. (Craig Johnson)
Staff had no additional comments.
Regular Session closed:
Public Hearing opened:
COMMISSIONER HILL questioned Mr. Johnson as to whether construction
had begun. Mr. Johnson confirmed that excavation was finished and
forms were in, but the foundation was not started.
Public Hearing closed:
Regular Session opened: KjBS225576
Regular Meeting -4- September 19, 1984
COMMISSIONER HILL
permit the constr
Lot
r
r
was
call vote.
by unanimous roll
COMMISSIONER HILL stated that the reason he voted yes was that the
rear yard adjoins industrial property and there is therefore no
conflict with existing residential uses.
H) CASE 84-106. Request for a Variance from Section 17.18.050B
(Side Yards), and Section 17.36.040C (Nonconforming Structures)
to permit an existing grandfathered accessory building to be
moved 4.8 feet to the south that will encroach 4.5 feet into the
required 6 foot side yard setback. Lot 4, Block 1, Island Lake
Subdivision, U.S. Survey 3219, 3025 Arctic Tern. (Jim and
Carolyn Briscoe)
Ms. Freed indicated that -the structure will actually encroach 5.5 feet
into the side yard setback rather than the specified 4.5 feet.
Regular Session closed:
Public Hearing opened:
LORNA ARNDT questioned the validity of the building being referred to
as "Grandfathered". She feels the building should be removed because
it originally was built up to the road right-of-way.
CRAIG JOHNSON, representing the Briscoes in the sale of their
property, spoke in favor of the variance. The neighbors he spoke to
were also in agreement with the approval of the side yard variance
since it would allow the building to be moved off their property.
Public Hearing closed:
Regular Session opened:
required 6 foot side yard setback. The motion was seconded and
CARRIED with Commissioner Gregg voting NO.
I) CASE 84-107. Request for a Variance from Section 17.18.050A
(Front Yards), to permit the construction of an entry way 6 feet
into the required 16 foot front yard set back. Lot 9, Block 9,
Aleutian Homes Subdivision, 912 Hemlock. (Tom Emerson)
Staff reported that one public hearing notice had been received and
had been copied for the Commission's review.
Regular Session closed:
Public Hearing opened:
SUSAN EMERSON explained why she and her husband requested this
variance, adding that five other homes on the block have similar entry
ways.
Public Hearing closed:
Regular Session opened:
(� COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Section
I 17.18.050A (Front Yards), of the Borough Code, for Lot 9, Block 9,
Aleutian Homes Subdivision, to permit the construction of an entry way
6 feet into the required 16 foot front yard setback. The motion was
seconded and CARRIED by unanimous roll call vote.
J) CASE 84-108. Request for a Variance from Section 17.36.070
(General Provisions) to permit an addition to a nonconforming
two-family dwelling on the east side that increases the cubical
content of the structure. Lots 30 and 32, Block 19, Kodiak
Townsite Subdivision, 310 West Rezanof and 307 Cope Street. (Joe
Perrozzi)
KIBS225577
Regular Meeting -5- September 19, 1984
COMMISSIONER HILL requested and was excused due to a possible conflict
of interest in this case.
Staff had no additional report.
Regular Session closed:
Public Hearing opened:
JOE PERROZZI stated that his original intent was to replace the arctic
entry that was removed previously. His current plan is to remove an
existing shed on Lot 32 that actually infringes on the neighbor's lot,
and add on a garage to the existing structure and meet the setback
requirements, side yard and rear yard, therefore eliminating the shed.
By doing so he would be upgrading the neighborhood and property
values.
Public Hearing closed:
Regular Session opened:
Ms. Freed informed the Commission that the Public Hearing Notices only
stated that the request was for a variance to grant an addition that
increased cubical content, nothing identifies specifically what that
addition would be or where it would be located. Staff has not
received any calls for any additional information on this particular
request.
COMMISSIONER JAMES MOVED TO APPROVE A VARIANCE from Section 17.36.070
of the Borough Code for Lots 30 and 32, Block 19, Kodiak Townsite
Subdivision, to permit an addition on the east side of a nonconformin
two-family dwelling that will increase the cubical content of the
structure with the changes stated by Mr. Perrozzi this evening. The
motion was seconded and CARRIED with Commissioner Rennell voting NO.
COMMISSIONER KNIGHT MOVED TO ADOPT AS FINDINGS OF FACT:
1. That variance meets all criteria for a variance as spelled out by
the recommendation of staff;
2. That all the proper setbacks will be met; and
3. The construction of the addition by the removal of the accessory
building will eliminate an encroachment and decrease the clutter.
The motion was seconded and CARRIED by unanimous voice vote.
K) CASE 84-109. Request for a Variance from Section 17.36.030
(Nonconforming Lots of Record) to permit the construction of a
duplex on a lot that fails to meet the area requirements for
duplex construction. Lot 3, Block 36, East Addition, 1221
Ismailov Street. (Sam Gesko)
Staff reported that no additional public hearing notices had been
returned. Two phone calls were received, one objecting, and one in
favor of the request for the variance.
Regular Session closed:
Public Hearing opened:
BEN HANCOCK commented that building being constructed by Mr. Gesko is
a beautiful building and strictly is an addition to the neighborhood.
His objection is that this is an exception from R1, he feels that the
area should be rezoned R2 to eliminate these piece by piece changes.
CHAIRMAN GREGG reported that the "official zoning map" of the Borough
"— indicates that area is zoned R2; Mr. Gesko bought the property under
the assumption that it was R2. It wasn't until recently that it was
discovered that the property was not zoned R2.
SAM GESKO presented the Commission with a site plan and petition from
11 owners representing 29 lots that have indicated that they have no
objection to the granting of a variance or an exception for this case.
He also stated that he bought his property under the assumption that
it was zoned R2.
MATTHEW MALPIS, property owner, stated that he wasn't sure that the
lots should be zoned R2 because the lots are so small.
KIBS225578
Regular Meeting -6- September 19, 1984
0
Public Hearing closed:
Regular Session opened:
COMMISSIONER HILL MOVE TO GRANT AN EXCEPTION from Section 17.18.020
(Permitted Uses) of the Borough Code to permit the construction of a
duplex on a lot that fails to meet the area requirements for duplex
construction on Lot 3. Block 36, East Addition.
Ms. Freed explained all the ordinances were researched to see if the
property had ever been rezoned from R1 to R2. Several cases were
found requesting the rezoning of this property but none were approved
by the Borough Assembly. Although no ordinance was found rezoning this
block from R1 to R2, there is a possibility that an ordinance does
exist somewhere in the Borough records. The Official Zoning Map was
adopted in 1980 by resolution rather than by ordinance therefore the
map is not valid as an ordinance.
The motion was seconded and CARRIED by unanimous roll call vote.
COMMISSIONER KNIGHT MOVED TO INITIATE REZONING of Blocks 36 and 44,
East Addition from R1 to R2. The motion was seconded and CARRIED by
unanimous voice vote.
COMMISSIONER JAMES MOVED TO ADOPT AS FINDINGS OF FACT:
1. The majority of the surrounding property has been developed under
the assumption that the land is zoned R2, for example Small World
and several duplexes.
The motion was seconded and CARRIED by unanimous voice vote.
L) CASE 84-110. Request for an Exception from Section 17.18.020
(Permitted Uses), to permit a temporary storage warehouse in a
single-family residential district, Lot 26, U.S. Survey 3099,
2730 Mission Road. (Ken Forster)
Staff had no additional comments.
Regular Session closed:
Public Hearing opened:
KEN FORSTER stated reasons why he needs this building. He calculated
that he would need 18 months to rebuild the warehouse.
Public Hearing closed:
Regular Session opened:
COMMISSIONER HILL MOVED TO APPROVE AN EXCEPTION from Section 17.18.020
(Permitted Uses), to Dermit a temporary storage warehouse in a Sinele-
sidenti
condit
on
1. The temporary warehouse and any vans currently located on the
property must be removed from the property by April 1, 1986 or
when the main warehouse is remodeled, whichever comes first;
2. The main warehouse building will not be enlarged;
3. There will be no outside storage; and
4. The van in the road right-of-way be moved out of the right-of-way.
The motion was seconded and CARRIED by unanimous roll call vote.
M) CASE 84-104. Ordinance of Kodiak Island Borough, Amending
Off -Street Parking and Loading, Chapter 17.57 of Borough Code.
(Planning and Zoning Commission)
Staff had no further comments.
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed:
Regular Session opened:
COMMISSIONER HILL MOVED TO RECOMMEND THAT THE BOROUGH ASSEMBLY APPROVE
Regular Meeting
KIBS225579
-7-
September 19, 1984
The motion was seconded and CARRIED by unanimous roll call vote.
CHAIRMAN GREGG called for a ten-minute recess at 9:45 p.m., and the meeting
reconvened at 9:55 p.m.
N) CASE S-84-028. Subdivision of Lot 20B, Block 14, Kodiak Townsite
Alaska; to Lots 20B-1 and 20B-2, Block 14, Kodiak Townsite
Alaska, U.S. Survey 2537B. (Dane C. and Alayne Larsen)
This case was returned to the subdivider at the July 18-19
Commission meeting pending submission of specific development
plans, which have now been submitted.
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed:
Regular Session opened:
COMMISSIONER JAMES MOVED TO APPROVE CASE S-84-028, subdivision of Lot
20B, Block 14, Kodiak Townsite Alaska; to Lots 20B-1 and 20B-2, Block
14, Kodiak Townsite Alaska, U.S. Survey 2537B. The motion was
seconded and FAILED by unanimous roll call vote.
COMMISSIONER JAMES MOVED TO ADOPT AS FINDINGS OF FACT:
1. Access to the existing Hillcrest Avenue would be impractical;
2. Parking area is erroneous; and
3. The proposed lot is impractical to develop due to physical
restrictions.
The motion was seconded and CARRIED by unanimous voice vote.
0) CASE S-84-043. Vacation of a Portion of Spruce Street and Lots
7, 8, and 9, Block 8, and Lots 2, 3, and 4, Block 9 (Plat No.
78-6); and Replat to Tract "J"; and Subdivision of an
Unsubdivided Portion of Tract "E"; all within Old Harbor
r
Townsite, U.S. Survey 4793. (Kodiak Island Housing Authority)
COMMISSIONER KNIGHT requested and was excused due to a possible conflict of
interest in Case S-84-043.
Regular Session closed:
Public Hearing opened:
MARLIN KNIGHT, Executive Director of the Kodiak Island Housing
Authority, explained an oversight during construction. This land was
originally subdivided for a previous housing project in Old Harbor,
some of the lots were unusable. The houses for these lots were then
located in another area that was never properly platted. He requested
that the Commission approve the subdivision.
Public Hearing closed:
Regular Session opened:
COMMISSIONER JAMES MOVED TO GRANT A VACATION of a portion of Spruc
Street and Lots 7 through 9, Block 8 and Lots 2 through 4, Block 9
(Plat No. 78-6) and Replat to Tract "J": and Subdivision of an
U.S. Survey 4793 with the following two condit
1. Change Mayor to Manager in the Plat Approval Section; and
2. Change KANA to Kodiak Island Housing Authority under the Prepared
rFor Section.
The motion was seconded and CARRIED by unanimous roll call vote.
P) CASE S-84-044. Subdivision of Lot 9, Block 1, Shahafka Acres
Subdivision; to Lots 9A, 9B, and 9C, Block 1, Shahafka Acres
Subdivision, U.S. Survey 3218. (Ian and Judy Fulp)
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed:
Regular Session opened:
KIBS225580
Regular Meeting -8- September 19, 1984
7-
COMMISSIONER HILL MOVED TO GRANT A SUBDIVISION of Lot 9, Block 1,
Shahafka Acres Subdivision; to Lots 9A, 9B, and 9C, Block 1, Shahafka
Acres Subdivision, U.S. Survey 3218. Recommended it be a final
approval subject to the following conditions:
1.
2.
3.
4.
Provide separate signature lines and notary's acknowledgment for:
Ian B. Fulp
Judith T. Fulp
Place a note on the final plat the drainage must be maintained
through Lot 9A, 9B, and 9C;
Place a signature line and notary's acknowledgment on the final
plat for Alaska Housing Finance Corporation and require the
applicant to obtain the required signatures before submitting the
Show electrical easements on Lot 9C for the
which are mentioned in KEA's letter dated Se
The motion was seconded and CARRIED by unanimous roll call vote.
m
Q) CASE S-84-045. Subdivision of an Unsubdivided Portion of U.S.
Survey 3218; to Shahafka Acres Subdivision, Addition No. 1, U.S.
Survey 3218; Lots 7, 8, and 9, Block 1. (Russell J. Welborn)
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed:
Regular Session opened:
COMMISSIONER HILL MOVED TO GRANT A FINAL APPROVAL for subdivision of
an unsubdivided portion of U.S. Survey 3218; to Shahafka Acres
Subdivision, Addition No. 1, U.S. Survey 3218; Lots 7, 8, and 9, Blo
1 subject to the following conditions:
1. Place a note on the final plat stating that no further
subdivision of Lots 7 and 8 will be allowed;
2. Show the existing drainage on the plat and place a note on
plat requiring maintenance of drainage;
!— 3. Renumber the lots as 1, 2, and 3 of Block 3; and
4. Change Title Block to read:
Subdivision of an Unsubdivided Portion USS 3218
Creating Shahafka Acres Subdivision, First Addition.
The motion was seconded and CARRIED by unanimous roll call vote.
R) CASE S-84-046. Subdivision of Lot 14, Block 7, Monashka Bay
Alaska Subdivision; to Lots 14A and 14B, Block 7, Monashka Bay
Alaska Subdivision. (Phyllis VanSant)
Regular Session closed:
Public Hearing opened:
BOB TARRANT AND JOHN VAN SANT spoke in favor of the subdivision.
CLIFF AND CATHY FORD (letter read into record by Mr. Crowe), owners of
Lot 12, Block 5, objected to subdivision.
Public Hearing closed:
Regular Session opened:
COMMISSIONER HILL MOVED TO GRANT A FINAL APPROVAL to Subdivision
Lot 14, Block 7, Monashka Bay Alaska Subdivision; to Lots 14A and
Block 7, Monashka Bay Alaska Subdivision subject to the six follo
r conditions:
1. That the applicant construct a new driveway access to Lot 14A
within the revised flag stem prior to recording of the final
plat;
2. That the applicant obtain the required sanitation approval from
the Alaska Department of Environmental Conservation;
3. That signature lines and Notary's Acknowledgments be provided for
both owners of record as follows:
John E. Van Sant
Phyllis Van Sant;
KIBS225591
Regular Meeting
Moll
September 19, 1984
4. That the rear lot line for Lot 14B be made to lie Dernendicular
to the lot line between Lots 13 and 14 (bearing should be
S20°25'41"W) because there is no terrain consideration which
would make this deviation from code necessary;
5. That an electrical easement be shown for the location of the
existing service across Lot 14B to Lot 14A, as requested by KEA
6. That the shed be moved to meet the required side vard setbacks.
The motion was seconded.
COMMISSIONER KNIGHT AMENDED THE MOTION to add that the signature block
be included for the release of the land held by Alaska Housing Finance
r" Corporation. The amendment was seconded and CARRIED by unanimous roll
call vote.
A roll call vote was taken on the main motion as amended and it
CARRIED with Commissioners Rennell and Knight voting NO.
S) CASE 84-111. Changes and Amendments to the Planning and Zoning
Commission, Bylaws. (Planning and Zoning Commission)
Staff reported no further comments.
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed:
Regular Session opened:
COMMISSIONER JAMES MOVED TO RECOMMEND THAT THE BOROUGH ASSEMBLY TO
ADOPT the Changes and Amendments to the Planning and Zoning
Commission, Bylaws. The motion was seconded and CARRIED by unanimous
roll call vote.
T) CASE 84-112. Proposed Revisions to the Uniform Building Code
Chapter 70 (Excavation and Grading) and to Section 17.03.060
(Building Permits) to address the issue of "gravel extraction".
r--- (Kodiak Island Borough)
Regular Session closed:
Public Hearing opened:
STEVE RUOTSALAINEN objected, not to gravel extraction, but to the
procedure. He felt that there should be some slope regulations.
DAN MACIAK (letter read into the record by Ms. Freed) requests this
case be tabled until the next regular P & Z meeting for the following
reasons: 1) To give the Commission time to read the Monashka Bay
Draft Plan; 2) Rock Extraction, Building to the Land, contours an
overall environmental profile of the area is addressed in the Monashka
Bay Planning Draft and could further the understanding of the issue;
and 3) since there appears to be no pressing issue to pass or reject
the revision at this time.
Public Hearing closed:
Regular Session opened:
COMMISSIONER JAMES MOVED TO TABLE CASE 84-112 until the
revisions to the Uniform Building Code Chapter 70 (Excavation and
Grading) and to Section 17.03.060 (Building Permits) to address the
issue of "gravel extraction". The motion was seconded and CARRIED by
unanimous voice vote.
U) CASE 84-079. Ordinance of the Kodiak Island Borough creating a
new rural residential zoning district. (Planning and Zoning
Commission)
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed:
Regular Session opened:
KIBS225582
Regular Meeting -10- September 19, 1984
COMMISSIONER RENNELL MOVED TO APPROVE THE ORDINANCE striking Item H
under Section 17.17.020. The motion was seconded and CARRIED with
Commissioners Gregg and James voting NO.
COMMISSIONER HILL MOVED TO RECONSIDER THE PREVIOUS MOTION. The motion
was seconded and CARRIED unanimously by a voice vote.
COMMISSIONER HILL MOVED TO AMEND THE MOTION by changing Item B under
Section 17.17.040 to read:
B. Lot Width. The minimum lot width required is one hundred
and twenty feet, unless water service and sanitary sewer
service are available on request from a certified public
utility or municipal system. In this case, the minimum lot
width is eighty feet.
The amendment was seconded and CARRIED by unanimous roll call vote.
A roll call vote on the main motion as amended was taken and CARRIED
with Commissioners Gregg and James voting NO.
V) CASE 84-097. Request for Conditional Use Permit on Lot 13, Block
3, New Kodiak Subdivision. (Arc 'N' Spark Welding)
Staff had no additional comments.
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed:
Regular Session closed:
COMMISSIONER RENNELL MOVED TO GRANT A CONDITIONAL USE PERMIT in
accordance with Section 17.21.030 of the Borough Code for Lot 13,
Block 3, New Kodiak Subdivision, to allow a dwelling unit for a
caretaker located on Business -zoned property. The motion was seconded
r VII OLD BUSINESS
r--
by unanimous roll call vote.
A) CASE 84-083. Findings of Fact for denial of a request for an
Exception from Section 17.17.020 (Permitted Uses) of Borough Code
to permit the extraction of approximately 90,000 cubic yards of
rock material from a rural residential lot; Lot 2, Block 3,
Monashka Bay Alaska Subdivision. (Arnold Tweten) TABLED from
July 18, 1984.
COMMISSIONER HILL MOVED TO REMOVE CASE 84-083 FROM THE TABLE. The
motion was seconded and CARRIED by unanimous voice vote.
COMMISSIONER HILL MOVED TO ADOPT AS FINDINGS OF FACT:
1. The request does not meet the conditions for granting an
exception in that it:
a. Is inconsistent with the general Durpose and intent of the
2.
3.
b. It will adve
neighborhood
noise due to
district: and
is
on site, and a
The proposal to remove large quantities of rock t
not the sole alternative to develop this lot; and
Adverse public testimony.
he
this lot is
COMMISSIONER KNIGHT noted that the applicant's testimony was not clear
on his development plan, and he felt that the applicant wanted to
negotiate on the amount of rock to be extracted.
COMMISSIONER KNIGHT MOVE TO AMEND THE MOTION BY ADDING:
4. The applicant did not have a concrete development plan as a
specific figure on the amount of rock he wanted to remove from
the site.
The amendment was seconded and CARRIED by unanimous roll call vote.
Regular Meeting -11- September 19, 1984
KTR.C'" 55ft'1
A roll call vote on the main motion as amended was taken and CARRIED
by unanimous vote.
B) CASE 83-148. Request for a review of the conditions of approval,
Section 17.57.040C (Parking Area Development Standards) for the
type of screening between a commercial and residential use.
Between Lots 3 & 4 and Lot 10, Block 19. (Kathryn Kinnear)
COMMISSIONER HILL MOVED TO SPECIFY the planting of three foot spruce
trees at six foot intervals between the business lot and the
residential lots to provide adequate screening as part of a finding
that "it is impractical to locate a parking lot on the lot of the
building or on an adjacent lot". The motion was seconded and CARRIED
by unanimous roll call vote.
C)
CASE S-83-021. Subdivision of Lot 12, Russian Creek Alaska
Subdivision; to Lots 12A, 12B, and 12C. (Edward W. Gondeck); and
CASE S-84-037. Subdivision of Lot 11, Russian Creek Alaska
Subdivision; to Lots 11A, 11B, 11C, and 11D. (James Cobis)
COMMISSIONER HILL M(
vision of Lot 12. Russ
12B, and 12C; and Case S-84
Alaska Subdivision; to Lots
seconded and CARRIED unanim
on Case S-83-021
-----• `- T-`-
Subdivision of Lot 11, Russ
by roll call vote.
the motion was
D) CASE S-84-014. Subdivision of Lots 6 and 7, Block 7, Bells Flats
Alaska Subdivision; to Lots 6A, 6B, 6C, 6D, 7A, 7B, 7C, and 7D.
(Rud and Marlene Wasson)
COMMISSIONER
FINAL APPROVAL to the Subdivision
of Lots 6 and 7, Block 7, Bells Flats Alaska Subdivision; to Lots 6A
6B, 6C, 7A, 7B, 7C, and 7D with the following additional information
being shown on the final plat:
for the Bells Flats road
corners common
7-
1 The motion was seconded and CARRIED by unanimous roll call vote.
at the
E) CASE S-84-015. Vacation and Replat of Tract Q and Lot 1, Russian
Creek Alaska Subdivision; to Lots 1A, 1B, 1C, and 1D. (David J.
"Jack" King)
COMMISSIONER HILL MOVED T
Replat of Tract Q and Lot
1A. 1B. 1C, and 1D with t
1. ADEC sanitation approva
2. Final road construction
3. Place a note on the pla
the Vacation and
conditions:
tt
B can not be sold until the
4. Show the tangent bearing for the centerline of the future road
where it intersects the northwesterly boundary of Lot 1B; and
5. That the 25' building setback line from the proposed easement be
drawn on the plat as shown on the preliminary plat.
The motion was seconded and CARRIED by unanimous roll call vote.
F) CASE S-84-036. Subdivision of Lot 7A, Block 1, Bells Flats
Alaska Subdivision to Lots 7A-1 through 7A-11. (William G.
Williams)
COMMISSIONER HILL MOVED TO
FINAL APPROVAL to the subdivision in
its original configuration without the additional flag lot shown as
Lot 7A-2. The motion was seconded and CARRIED by unanimous roll call
vote.
VIII NEW BUSINESS
A) Capital Improvement Program
Ms. Freed reported on the Borough Assembly's prioritized CIP list and
suggested that the Commission use it as a basis for the October 1984
Regular Meeting KIBS225584 12- September 19, 1984
meeting. She noted that the Assembly would be looking for 1) local
service roads and trails program, because that is something that has
an impact on long range planning, and 2) if the Commission feels that
it is appropriate, for them to make recommendations on the projects in
the overall priority list.
B) & C) Ouzinkie and Larsen Bay Comprehensive Development & Capital
Improvement Plan
Staff reported that these plans will be scheduled as public hearings
for the October 1984 regular meeting. Representatives from each
village will be invited to attend.
IX COMMUNICATIONS
Staff reported that Items A, B, D, E, and G are for information.
A) Letter from Kodiak Contractors. Appeal of administration
decision.
B) Letter from Arnie Tweten. Appeal of Planning and Zoning
Commission decision.
C) Letter from the Borough attorney concerning Rasmus Anderson
appeal.
D) McDonald's Corporation - Parking Variance, City Council action.
E) Lee Filmore - Side Yard Setback Variance, City Council action.
F) Proposed ordinance No. 84-55-0 - Street Names.
Staff requests direction from the Commission regarding Items C and F.
COMMISSIONER RENNELL MOVED TO ACKNOWLEDGE RECEIPT of all
communications. The motion was seconded and CARRIED by unanimous
voice vote.
COMMISSIONER RENNELL MOVED TO USE THE RECORD as the basis of deciding
the Rasmus Anderson Case. The motion was seconded and CARRIED by
unanimous roll call vote.
Staff will copy the entire Rasmus Anderson file for each Commissioner
for their review.
COMMISSIONER RENNELL MOVED TO ACKNOWLEDGE proposed Ordinance 84-55-0,
Street Names and recommended that Borough Assembly pass this
ordinance. The motion was seconded and CARRIED by unanimous roll call
vote.
X REPORTS
Ms. Freed reported that there had been a Joint Parks Board Meeting
involving the State Parks, City Parks, and Borough Parks on Monday,
Septebember 17, 1984. The main topic of discussion was RV Campsites.
All groups agreed that they felt a campsite was badly needed in the
urban area.
Ms. Freed informed the Commission that approval had been given to
advertise for a full time Enforcement Officer in the department.
Those advertisements should be out in October.
r - The State of Alaska has awarded the Kodiak Island Borough $40,000
through the Alaska Coastal Management Program. The main purpose of
the money is to implement the Coastal Management Program which can
include updating both the subdivision and the zoning codes.
XI AUDIENCE COMMENTS
MR. TIM HILL requested that the Commission rescind their decision on
Case 84-108 (Joe Perrozzi). He felt that Mr. Perrozzi's intentions
were completely misleading, and that he is a detriment to the
hillside.
KIBS225585
Regular Meeting
-13-
September 19, 1984
r
COMMISSIONER KNIGHT MOVED TO RECONSIDER CASE 84-108 at the next
regular meeting. The motion was seconded and CARRIED by roll call
vote with Commissioner Hill abstaining.
XII COMMISSIONERS' COMMENTS
COMMISSIONERS KNIGHT AND JAMES complimented Bud Cassidy on the his
preparation of the cases.
CHAIRMAN GREGG commented on the reasons for his vote on Case
84-116 (Wilton White). He feels that maybe staff should be given the
opportunity to bend a little in granting building permits. There
seems to be a lot of discontent and maybe if the community realized
that staff does bend, the ill feelings would ease up. Ms. Freed
stated it was important to be consistent in interpreting the
regulations. Commissioner Knight feels that it's important to come
out with the Findings of Fact, and that the new format that has been
provided for the variances will help provide consistency.
XIII ADJOURNMENT
CHAIRMAN GREGG adjourned the meeting at 12:00 a.m.
ATTEST BY:
Patty Sp ncer, Secretary
DATE APPROVED: 10111 1S4
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISS
BY:�g� --
Ken Gregg,
rman
KIBS225586
Regular Meeting
-14-
September 19, 1984