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1976-05-19 Regular MeetingPLANNING 5 ZONING COMMISSION MEETING, KODIAK ISLAND BOROUGH Minutes of May 19, 1976 1. CALL TO ORDER The meeting was called to order by Chairman, Tom Hayden at 7: 32 p.m. in the Borough Meeting Room. II. ROLL CALL IV. V. IX VI. Present: Tom Hayden Absent: Dan Busch Don Brenteson Harold Heglin There were nine people in the audience. MINUTES OF THE PREVIOUS MEETING A Motion was made by Mr. Brenteson to regular meeting of April 21, 1976. Secon passed with a unanimous voice vote. MINUTES OF OTHER MEETINGS Paul Lowe (excused) Dan Ogg (excused) Bill Williams (excused) the minutes of Minutes of the Special Assembly Meeting of April 27, 1976, Special Assembly Meeting of April 29, 1976; Regular Assembly Meeting of May 6, 1976 and Special Assembly Meeting of May 14, 1976 were presented. No comment made by Commission members. COMMUNICATIONS AND CORRESPONDENCE There was none. SUBDIVISIONS, FINAL C,. At this point, Dr. John J. Eufemio requested to be moved up on the agenda because of another meeting he had to attend. Mr. Busch moved for approval of the final plat of Mr. Eufemio Tract D USS 1678 pending any chanties that the Borough Engineer might call for. Motion was this point the meeting went back to the order of agenda. PUBLIC HEARING A. Request for setback variance on Block I, Lot I, USS 1822 by the Frontier Southern Baptist Church for the purpose of building a church. Statement was made that because of the sloping lot, the back side of the lot was unuseable. The proposed placement of the church would allow all church parking to be on one side which would allow a more attractive development. If required to meet the setback requirements, the church would have to be placed almost in the middle of the lot and the parking facilities in this case would be the most prominent feature of the develop- ment. The variance required would be 25 feet in the front and 20 feet on the side. There no other comments made by the public. The Commission stated that the case would be reviewed and a decision handed down within seven days. NOTE: On May 20, 1976 a letter of nonobjection was received from an adjacent property owner, the Island Medical Center in the mail. VI1. ZONING ITEMS KIBS272921 A. Request for additional use by Wm. T. Wever was postponed until later In the evening v hen a representative for this item of business could be present. PLANNING ✓; ZONING COMMISSION MINUTES = May 19, 1976 Page 2 r— Vill SUBDIVISION, PRELIMINARY REVIEW A. Review of proposed subdivision with request to waive preliminary plat requirements and road right of way requirements by Dave Dieters and John Witteveen. Mr. Heglin moved to accept the proposal. Mr. Brenteson seconded. It was noted in the discussion which followed that the property was to be divided into two lots; one being one acre, the other being 1.63 acres. Construction is proposed for both lots. Motion passed with a unanimous roll call vote. B. Review of propo§ed subdivision in Bells Flats for request for access across Borough property by Omar Stratman. The Commission deferred a recommendation until on site inspection had been made, stating a copy of the recommendation would be sent to Mr. Stratman when decision was made. IX. SUBDIVISIONS, FINAL A: Mr. Heglin moved to accept the final plat of Lot I, Block I, Bells Flats Subdivision for Joseph J . Muir. Mr. Busch seconded. Motion passed by a unanimous roll call vote. B. Mr. Busch moved to approve final plat of subdivision, Lot 14, Block 7 Beds Flats Subdivision of Jeffery Povelite. Seconded by Mr. Heglin. Motion passed with a unanimous roll call vote. X. OLD BUSINESS A. Review and statement of proposed ordinance regarding excavation of natural materials. It was the unanimous decision of the Commission in their opinion that Ordinance 76-8-0 was philosophyically just, however, unenforceable, and an additional use permit for material would be adequate. Any condition could be added to this such bonding where necessary. Ordinance 76.9.0 is unenforceable and would be better with an additional use permit. This ordinance was written with a specific case in mind. T.he Commission questioned the use of word "person" as would not apply to.a corporation, however, a check of the definition of the Borough Code was made and "person" means singular or plural, also refers to any corporation, partnership or other entities. The opinion of the Commission was that Ordinance 76.10.0 could be enforced under the present junk yard ordinance and felt the ordinance was not necessary. B: Art Zimmer property setbacks, Lot 2A, Block 1, USS 3218, Holland Acres Subdivision. Mr. Zimmer submitted a letter stating that he would request a setback variance on this subdivision. The Commission instructed the staff to advise Mr. Zimmer of the requirements to be met in applying for the variance. The Commission also stated that they would accept his letter of application for the June 16, 1976 meeting. The deadline for this application is ten (10) days prior to the next regular meeting. C. Port Lions Comprehensive Plan The Commission held a work session and reviewed this plan. They drafted a letter to be sent to Port Lions City Council. The Commission did not feel it could recommend Borough adop- tion of the entire comprehensive plan in its present form and recommended that al items pertaining to the Alaska Native Claims Settlement Act be re- moved and that both vo;umes Le "tightened up" by removing a great deal of unnecessary writing and exhibits, and increase the amount of hard facts supporting conclus`.ons. KIBS272922 PLANNING & ZONING COMMISSION MINUTES = May 19, 1976 Page 3 D. Report of Board of Adjustment Action: (1) The City Council upheld the Planning and Zoning requirements and granted the setback requirements request of LeRoy Mayberry. (2) The Borough Assembly heard testimony from Fred and Sharon Ogden however, no decision was handed down. r— VI1. ZONING ITEMS A.` Request for additional use on Lot 3A, Block 2_USS 2843 I KWm. T. 1Never. Chairman Hayden noted that a representative on this item was in the audience. Request was reviewed and the Commission advised that a public hearing would be set for the next regular meeting. In reply to questions, it was stated this would be a part time occupation as Mr. Wever is a full time employee at Waldos Bakery. It was further noted that this would be a temporary use which would be used primarily to furnish baked goads to canneries. X1. PLANNING AND STAFF ITEMS A`. A letter from the City of Kodiak was reviewed which asked for a work session on the rock quarry project. The Commission agreed that a work session should be held and scheduled one for the first or second week in June, 1976. B. Mr. Ogg who was not able to be present asked that action be taken op the following: (1) He requested that action be taken to amend the Borough Code it).24.020 regarding the surfaced road width in subdivisions be changed to 24 feet rather than the 30-foot width as required. The consensus was in favor of this recommended change. (2) Mr. Ogg requested change in the Borough Code 16.16.010 to allow a minimum of four lots in a subdivision and exemption from the requirements of, the chapter requiring the submission of a preliminary and final plat. Further, that the change be made in the road requirements for these smaller subdivisions, providing that there is not unsubdivided land be- hind these smaller subdivisions; that it be reduced to a 20-foot road right of way with a 15-foot crown. This would not be a "right of way", put an access easement to the back or side lots. These would be considered terminus subdivisions. �3) A request from Mr. Ogg that the Commission look into establishment of a performance function such as was established in Martha's Vineyard, allowing certain businesses to operate in residential areas as long as they did not detract from the neighborhood. He also requested that the con- sultant firm be contacted to give recommendations for implementation of this in the City and Borough. The Commission requested the staff to ohtain a copy of the Comprehensive Plan for Martha's Vineyard. r— (y) The Chairman stated that the Commission wished to go on record to the Assembly that they approve the concept of common wal I houses and feel this should be included in the Borough Code. Further, requested by the Commission that the firm of Simpson, Usher & Jones be contacted to draw up the necessary ordinances that would allow this type of con- struction within the Kodiak Island Borough. KIBS272923 PLANNING & ZONING COMMISSION MINUTES = May 19, 1976 Page 4 XII. AUDIENCE COMMENTS There were none. XIII. ADJOURNMENT There being no further business, the meeting was adjourned at 9 p.m. SUBMITTED: APPROVED: ' A Borough Clerk Chairman P- r- KIBS272924