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1972-02-16 Regular MeetingKODIAK ISLAND BOROUGH PLANNING & ZONING COD24ISSION FEBRUARY 16 1972 I CALL TO ORDER The meeting was called to order by Chairman John Welch at 7:35 P.M. in the Courtroom of the State Office Building, Kodiak, Alaska. II ROLL CALL Present Absent F John Welch, Chairman none Gary Hinkle E. E. Erwin Jerry Holt Jim Wheeler Also present: Ph?. Russell M. Walker, Borough Clerk -Treasurer, and approximately twenty people in the audience. III MINUTES OF PREVIOUS MEETING A. P&Z - Regular Meeting - January 19th, 1972. No objections voiced the minutes were ordered approved as presented. IV MINUTES OF OTHER NEETINGS A. Assembly Meetings - January 20th and February 3rd, 1972. There were no comments V COMMUNICATIONS AND CORRESPONDENCE A. Letter from State Sanitarian re: Rat Problem, read in full by the Borough Clerk. The letter noted that the garbage dump site is not particularly effecting the rat population and while the dump site is not covered as prescribed, it has been operated in a far better manner the past year than it was previously. Mr. DeVol also stated that the removal of harborage areas such as dilapidated j buildings, abandoned automobiles, old piles of lumber and logs and proper storage. I of garbage prior to pickup is the best way to control the rat population. Mr. Walker noted that a new type of rat bait has been ordered and Mr. DeVol will be taking these around the areas along the waterfront. VI PUBLIC HEARING A. Public Hearing re Rezoning Portion of U. S. Survey 1396 from R-2 to R-3, John Fray. The Borough Clerk gave a resume of this request, noting that the Borough Assembly had returned this case to the P&Z Commission for an additional public hearing as several individuals had appeared at the Borough Assembly meeting stating that they had never received notification of the public hearing. The public hearing on this matter was opened. Mr. Richard Parke, spokesman of the property owners again stated that he had not received a notice of the public hearing and that neither had several other property owners; he requested at this time that something be placed in the Borough Code of Ordinances that would stipulate the notices had to be mailed with Return Receipt Requested, Registered or Certified Mail. Mr. Parke read a list of names of property owners in the immdiate area of the rezoning and also a list of persons living on the outer edge of the rezoning, all in protest of this requested rezoning. There were nine or ten individuals in the audience who aslo voiced opposition to this change. Mr. Parke. presented a letter from Gene Sundberg, stating that he had received word from Mr. Walter Kraft to act in his behalf and voice his objection also. Mr. Parke. asked that the letter be returned to him; it should be noted` that no copy was given to the Borough at this time for their records. Mr. Parke l{j further stated that the rezoning had been brought up several other times and had been defeated and although he did not have it in writing it was his under- standing at the time of purchase that the lots in the Baranof Heights area would never exceed the R-2 Zoning. Mr. John Fray was in the audience and stated that he was not asking that any of the subdivided lots be changed to R-3, he was interested in that unsubdivided portion on the lake and that area near the reservoir. It should be noted that Mr. Fray has been given title to the lake area by the Title Corrpany and feels that he is in fact the owner of the land under the lake. Mr. Fray did state that he is more than willing to sit down with anyone and work out any problems there might be in connection with �� KIBS272732 PLANNING & ZONING COMMISSION - FEBRUARY 16, 1972 the use of the lake for float planes. Mr. Tony Smaker was in the audience as a representative for the Owner of Spruce Manor Apartments and voiced the owners objections for business reason. It was pointed out by members of the audience that there were other areas in town that would be more suitable for such rezoning, that arear near the teen center and behind the City Hall and noted also that there is one other place that has apartments for rent; suites or on a one -week at a time basis. There was considerable discussion between members of the audience and the maps were reviewed at this time. rMr. Fray pointed out that he did not wish to have those lots that were already {1 subdivided rezoned and that he felt that four-plexes and six-plexes would be - about the extent of the multiple dwelling construction. There was discussion concerning the height of construction that would be allowed in the approach path to the airstrip and lake and that this in itself would prevent any tall structures being built. r F The public hearing was closed and Mr. Holt moved that the previous action taken Tne question was called for and t] call vote: Mr. Hinkle NO: Mr. Erwin For the record, Mr. Holt read from the minutes of the Commission meeting of December 15, 1971, setting forth the previous action taken by the Commission: the approval of the proposed rezoning with the exception of that area which presently contains Lilly Lake and the swampy area on the southwest end of Lilly Lake which may be dredged sometime if the lake is ever extended. Mr. Atwell was in the audience and voiced his concern about buildings around the lake and felt that the building of apartment buildings would increase the population over the normal load for that area. (Borough Clerk left to attend class) VII ZONING ITEMS A. Rezoning Request from Samuel Graber re Change in Zoning of Aleutian Homes Subdivision with Letter from Borough Attorney. This had been submitted to the Borough Attorney for his review and comments. Mr. Madsen felt that this re- zoning would create a slum area and that it would allow three or more families in one small building. However, the Commission felt that this was not the intent of the rezoning and that they were looking to the future development of that area when the present homes were no longer in existence. 1-1r. Wheeler moved that this be tabled until it had been resubmitted to the Borough Attorne as the Commission's intentions had been misinterpreted, seconded by Mr. Hinkle B. Letter from Division of Lands re Classification of State Land, Kalsin Bay, read in full along with the recomm:endaticns of the Borough Clerk stating that this request was submitted to reclassify that area to Resource Management. The Borough Clerk noted no objection from the Administration. During the discussion of the area, it was asked the status of those people having grazing leases in the area and further pointed out that there was one individual who had a cabin located within this area. Mr. Hinkle moved to accept the propose zoning, seconded by Mr. Holt, motion passed by following roll call vote: Mr. Holt, YES; Mr. Wheeler, YES: Mr. Erwin, NO; Mr. Hinkle, YES; Mr. Welch YES Although no objection was voiced it was felt that the above -mentioned points should be checked out. VIII SUBDIVISIONS, PRELINIINARY KIBS272733 A. Vacation and Replat of Lot 25, U. S. Survey 3471, Clayton B. Parker (Case 260-A) letter from the Borough Attorney noting the course of action available to the Commission. The Attorney stated that the Borough may proceed under its own Ordinances, or under the State Law, to either enjoin this action by Mr. Parker, or to file criminal charges against him for failing and refusing to comply with the Borough Ordinances or the State subdivision requirements. During the discussion it was pointed out that Mr. Parker had been in the Borough Office and said he would check into getting this matter taken care of. It was moved by Mr. Hinkle, that the secretary be instructed to write to Mr. Parker PLANNING & ZONING COPM7ISSION - FEBRUARY 16, 1972 ve him until re 1st. 1972. to co=lv with B. Vacation & Replat to Dissolve Unsubdivided Interest• Wright/Welborn USS 321 The preliminary plat was reviewed and Mr. Holt moved for aoproval for public hearing seconded by P,1r. Hinkle. P7otion passed by unanimous roll call vote. C. Preliminary Plat of Urban Renewal Area - ASHA. It was noted that this has been an active file for some time and that the work required has been done with the exception of the street intersection monurrentation. This work will be done as soon as the weather permits. All exterior boundaries have been monumented and measurements have been recomputed. Mr. Holt moved for approv of the prelminary plat, seconded by Mr. Hinkle, motion passed by unanimous IX SUBDIVISIONS, FINAL A. Approval of Final Plat, U. S. Survey 3099, Lot 28, Quality Plumbing. The Borough Clerk's memorandum concerning this case was read, noting that contact had been made with the Borough Attorney and that Mr. Jackson did desire to file and appeal to the U. S. Superior Court. Mr. Jackson has until the 20th of February to make this appeal. The Borough Clerk suggested that this plat be approved and if the appeal is not filed then the final plat Can go to the Borough Assembly at the next meeting. Mr. Hinkle moved that the Planning & Zoning accept the final plat for Lot 28, U. S. Survey 3099, seconded by Kr. Wheeler. Mr. Erwin asked if everything had been done as far as notifications and it was noted that it had, Mr. Jackson has acknowledged receipt of said notices. The question was called for and the motion passed by unanimous roll call vote. X PLANNING & ZONING COMMENTS XI AUDIENCE COMMENTS A. Tom Terry and Bill German were in the audience on the previous case and ex- plained that the engineer had told them that once land is lost you can not reclaim that land; work must be done prior to the tidal action to prevent loss of land. Further pointed out that Lot 1, was not longer actually lot 1 as it had been incorporated into the overall Trailer Park and that access was provided through the trailer park. B. Mr. Sam Graber re Re -plat of Aleutian Homes Subdivision. Mr. Graber was to go to Anchorage and wanted to ask the opinion of the Commission as to whether or not the plat would be approved with certain changes. The Commission noted that there would be no objections as long as the engineer's requirements' were met. The requirements were read into the record, noting that Mr. Graber had received a copy of same. XII ADJOURNMENT There being no further business the meeting was adjourned at 10:25 P.M. SUBMITEED: i Russell M. Walker, Borough Clerk KIBS272734 APPROVED: Utz W`alch, P&Z Chairman