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1976-04-21 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING CO:01.1ISSION .'.'EcTING MINUTES OF April 21, 1976 CALL TO ORDER The meeting was called to order by Chairman, Tom Hayden, at 7: 34 p.m. in the Borough Meeting Room. ff. ROLL CALL Present: Tom Hayden Paul Lowe Harold Heglin Dan Ogg Dan Busch Don Brenteson Bill Williams There were approximately 25 people in the audience. III, MINUTES OF PREVIOUS MEETING A. Mr. Lowe noticed there should be a second on Item 7-C on the,' March 17, 1976 minutes. Further correction on page 3, the legal description for Lot 24 should read "USS 3098". Motion made by Mr. Otg to approve the minutes of last meeting as corrected Busch. Motion passed by unanimous roll call vote. tV. Iu41NUTES OF OTHER MEETINGS A. Mr. Ogg commented that he was interested in Severance on Conifers and suggested that P & Z should do homework and make recommendation for the ordinance dealing with this matter. V. COMMUNICATIONS AND CORRESPONDENCE A. To a letter from the League of Women Voters, Mr. Hayden commented that P £-Z had work sessions and had discussed town houses. A priority listing had been established and they anticipated they will have an ordin- ance for town souses prior to the next construction season. In answer ,to a question from the audience, the chairman noted that cluster housing .was also reviewed at this meeting. Mr. Lowe noted that the lack of land had been discussed in establishing the need for town houses, however, noted that several subdivisions had come through P & Z recently and re- quested that the staff research the number of subdivisions approved in the last twelve months. It was pointed out by a member of the audience that the criteria used for lots available for town houses would be those with water and sewer. B. On a letter from Glenn Akins, Coordinator of Coastal Management Program regarding Coastal Resources Management Act (SB 519), there was no comment from P & Z Commission. C. Mr. Ogg commented that the Commission appreciated being advised of r the intended land use by the Native of Afognak. Mr. Lowe commented that this proposed land use plan is of assistance to P & Z, however, was not I sure what the legal position was at this time, as the land transfer has not in fact, been finalized. V1. PUBLIC HEARINGS KIBS272915 A. Chairman Hayden stated that each request from Mr. and Mrs. Fred Ogden would be handled separately. The chairman read into the record . P & Z %11NUTES -- April 21, 1976----------------------------------- Page 2 a letter from Dick li.relsnn objectiny to the setha:_k variarrce and objecting to a rezoning to industrial, but voicing no objection to a special use permit. A letter from Charles Powell, former owner of Lot 14A was read stating that this particular parcel has been used continually since 1953 for business :purposes. Mr. Powell recommended that all of Lot 13A townward, to and including Brooks Tool Rental, be reclassified to business or commercial. The regular meeting was closed and a public hearing opened. The Chairman noted that testimony would be taken on request for setback variance. ivlrs. Ogden stated that the lot is irregular, narrow, and sloping; that it is a waterfront lot and part of the lot has been eroded by tidal action. Dimen- sions of the lot were given as approximately 210 feet wide along the road, r approximately 203 feet on the waterfront, and the depth of the line on the L northerly side is 219 feet with 84 feet on the southerly side. Lot area is approximately 31,000 square feet. It was noted that there are presently three warehouses and two trailers located on the lot. Mrs. Ogden stated that the trailers had been located in the present position due to the sloping of the lot, and to leave as many trees as possible. In reply to a statement by Commissioner Lowe that there was sufficient room to place the trailers in the required setback, Mr. Ogden, Jr. replied that it would be difficult to put a sewer line on hard rock and that the sewer line would be below grade; that the current placement of the trailers is the highest point of the lot; they are level with the lot, otherwise they would be required to pump sewage up hill. He further noted that there had been a residence on this lot and the sewage was going directly into the ocean, but their present system is connected into an 8-inch line that serves the trailer court. Mr. Ogden, Jr. further stated that the trailers are within the lot boundaries and according to the plat, the property across the road actually has construction in the right-of-way. Mrs. Ogden indicated that the trailers at the narrowest point were'approximateiy-25 feet from the lot line'. In reply to iAr. Hayden's question regarding the stop work order, Mrs. Ogden stated that work actually was stopped. Some of the pipes did freeze and they only insulated the pipes and closed them in order to prevent freezing. There was discus- t0on as to whether or not the required trailer permits were obtained- r prior to the placement of the trailers. Mrs. Ogden noted they hired the contractor after they obtained the trailer application. A member of the audience noted that this area had been used for business, and further, that there are already so many variances in this particular trailer area and to rule against the Ogdens would be discriminatory. Public hearing was closed and the regular meeting opened. tllr. Heglin moved to accept the setback variance for „Ar. & %1rs. Fred Ogden on Lot 13A, USS 3100. _ _ _ - Seconded by Mr. Brenteson. Mr. Ogg mentioned that there were three warehouses on the lot and an individual could use for housing, and it would appear that if the variance were allowed they would be allowing noncomforming use where one was not needed. JAr. Williams pointed out there were four requirements which must be met, one of which includes the physical aspects and the fact that there are other buildings on the lot. fAr, Lowe was in agreement and stated that there were certain stipulations which should be met in Code 17.66.090. The question was called; motion failed 6--1 with Mr. Heglin casting a Yes vote. The public hearing was opened on the continuation of the nonconforming use. Mr. Ogden, Sr. presented a business license dating back to 1964 stating that business had been conducted on this lot since that time and he also stated that that area has always been used for commercial rather than industrial, and under grandfather rights would be able to modify to'a certain extent. In reply to the question of the current use of the land, the Ogdens stated that J & S Drilling Company is leasing storage area from Fred and Sharon Ogden; that Chuck Powell still has some warehouse space, however, he is in the process of transferring the stored materials to another area. When asked if warehouse space will be leased as a part of a business, the Ogdens stated that J & S Drilling would continue to lease space, that the repair shop would be used for minor repair of their own equipment and that Fred and Sharon Ogden, as private individuals, would have warehouse space available for rent. A member of the audience testi- fied that the Ogdens have, in fact, cleaned up the property and that the warehouses are being used only for storage of well drilling equipment and KIBS272916 P & Z MINUTES --- April 21, 1976---------------------------------- Page 3 he felt that grandfather rights should be granted. mr. Sharon, Borough Attorney, clarified the definition of nonconforming use. Mr. Vogt noted he would agree with the interpretation as given by iv1r. Sharon, however, in several cases the courts have accepted improvements or modernizations as still 'being within the realm of the nonconforming use. In this instance, there had been two trailers on this particular land and the Ogdens were just Putting in better trailers and improving the land. IAr. Vogt further noted that as the Ogdens testified, the trailers were "20 feet from the lot line". Mrs. Ogden indicated at this point that one trailer is being used almost completely as an office, as they have several business interests and that r major repairs are not being done in the repair shop but that the drilling L equipment is at present in the Kodiak Machine Shop for repair. Public hearing was closed and the regular meeting reopened. Mr. Ogg moved that we allow the continuance of the nonconforming use as long as it does not - expand beyond the previous nonconforming use or deviate to any great extent Seconded by D1r Heglin PAotion passed by unanimous roll call vote. There was a request for a ten minute recess. meeting reconvened at 9. 15 pm. Public hearing was reopened on rezoning. At this point, Mr. Vogt asked !hat the Commission rule on Items 3, 4, and 5 of the Ogden's petition. The Chairman noted that these are constitutionally questioned and this would - not be in the realm of the P & Z. Fred Ogden, Jr. testified that the entire area is scattered with all types of businesses from trailer courts to tool rentals. Mr. .Ogden noted that he personally observed some of these businesses by signs on the road and checking with the telephone directory. Mr. Ogden further cited that the sewer outfall is, in his opinion, industrial use and wi II .be located on the lot adjacent to Lot 13A. A member of the Commission pointed out that the businesses previously mentioned by Mr. Ogden were not of an industrial type and that they are primarily residential in nature. Mr. Ogden stated that the area would be more suited to indus- trial zoning, particularly since a sewage treatment plant is planned for this area. A member of the audience stated that an industrial area is needed in r Kodiak. However, this area in question encompasses businesses that are l classed as home occupations not in a true sense of business or industrial. Mr. Ogg noted that at the present time the Borough does not have a Planner and our comprehensive plan is in need of updating on_rezoning, and un, we have a Planner and the update is completed moved at this time to dew the request. Seconded by Mr. Lowe. Question called; motion passed 6-1 with Mr. Heglin casting a "No" vote. 13. The public hearing was opened on the request by Ray Tufts for addi- tional use on Lot 4, Block 3, Miller Point to allow boat building on residen- tial unclassified property., .Mr. Mkike Rasmussen was present to represent Mr. Gagne, an adjacent property owner, and stated he had no objections whatsoever to .Mr. Tufts building boats on his property. Mr. Schneider questioned a change of zoning in this area, that one lot would be considered spot -zoning and that a larger area should be looked at. Several property owners in the area voiced no objection to this additional use of the property and stated that Mr. Tufts' prime occupation is a teacher, and that this is really a home occupation and hobby. Mr. Lowe moved to grant Mr. Tufts' application. Seconded by Nlr. Brenteson Motion passed by unanimous G. Public hearing was opened on a request by Ole Johnson.for a setback variance. No comments were received by the audience and public hearing was closed and meeting reconvened. Mr. Brenteson moved to approve the request of setback variance to allow the buitding of a carport on Lot 23 seconded by F.1r. Ogg_Motion passed by unanimous roll call vote. D. Mr. Mayberry and Mr. Simpson presented colored sketches of the pro- posed development, and the Commission reviewed the maps. The public hearing was opened on the setback variance. 1.1r. Simpson noted that they Were requesting a 10-foot variance which would place the building 4 or 5 feet from the property line. Mrs. Betty Springhill, property owner in this area, set forth a little history on the area noting that the present building uses 100%of the lot and does not allow for the parking. Mors. Springhill KIBS272917 P & Z MINUTES --- April 21, 1976--------------------------------- Fag-- 4 felt that both the setback variance and exception to parking requirements were connected; there is not sufficient parking at this time for Bergs, the Sizzler, or Captain Keg's and that the P & Z should be addressing themselves to this problem. The survey taken by Mr. Mayberry did not take into con- sideration parking needed for the other businesses. Public hearing was closed and regular meeting reconvened. Mr. Busch moved to grant Pair. Mayberry setback variance requested as Iona as a five-foot sidewalk is provided along that street Seconded by Mr. Brenteson. Motion passed unanimously by roll call vote. Public hearing was opened. Mr. Simpson informed the Commission of the scope of the proposed development and noted the problems regarding parking. Mr. Simpson further pointed out that the problems connected with the other property is not really their responsibility. A survey had been conducted and the results showed that most of the patrons were walk-ins. There is adequate parking for the lounge and hotel area, however, on the overall parking requirements they would be short five spaces. Mr. Mayberry noted that the exception was being requested because it was not economically feasible to provide the additional five spaces. The proposal as submitted was considered the best for this particular area. Public hearing was closed; regular meeting reconvened. Mr. Brenteson moved to grant the parking variance for the proposed hotel/restaurant complex on Lots 2 & 3, _Block 2 New Kodiak Subdivision. Seconded by Mr. Busch. Comments were voiced by members of the Commission over the increasing number of cars on the Island and the fact that the problem will increase.over the next five years. It was suggested that perhaps the parking requirements are inadequate and that this should be reviewed, however, it was not the feeling of the Commis- sion that Mr. Mayberry should be penalized because other businesses have not provided parking spaces. '/lotion passed 4-3 with the following roll call vote: Mr. Williams------- No Mr. Ogg ---------- No Mr. Lowe ----- No Mr.. Heglin------- Yes Mr. Busch -------- Yes Mr., Brenteson ---- Yes Mr. Hayden ------- Yes VII ZONING ITEMS A. Mr. Majdic stated that he has been operating his business prior to 1971; that he has about 17 pieces of equipment that he is storing on the property and further, has a maintenance building on this lot. Mr. Schneider again questioned the validity of zoning one lot and that many people bought in the area as residential and any rezoning reconsideration should include a larger area. Mr. Ogg moved to deny the request of rezoning as it would be considered spot -zoning Seconded by Mr. Brenteson. Motion passed by unanimous roll call vote. Mr. Lowe questioned the status of the land now as Mr. Majdic had tried to go by the rules and that the Commission is well aware of the need for commercial land. A Planner is scheduled to hold work session with the Commission and they will be reviewing matters such as this. B. Additional use request from Mr. Sid Urie to operate a wholesale green- house in R-1 Zone, it was noted that this question came from the City Manager and within a 60-day period had to come before the Commission. This seems to fall within the limits of Code 17.18.010 which allows for greenhouses as a home occupation. A member of the audience asked about the parking require- ments and Mr. Urie replied this would be strictly wholesale as he will be opening a flower shop in the downtown business area. Mr. Lowe moved that the Commission feels that the present activity is in compliance with the Borough Code 17 18 0'C and as such, is approved. Seconded by Mr. Heglin Motion passed by unanimous roll call vote. C. Mr. Ogg asked that an additional item be brought on the agenda at this time; that being a request from the Assembly for an indication of the pro- . posed zoning for Mill Bay Road. It was again pointed out that this had been tabled by the Assembly until a draft of the comprehensive plan could be prepared. Mr. Lowe roved to state that the Commission feels it is prema- ture to chance any zoning prior to the time a Borough Planner is hired and KIBS272918 P & Z MINUTES --- April 21:, 19:6 ---------'----------- ------------ Page 5 a revised comprehensive plan is prepared. Seconded by !.,Ir. Ogg. Motior passed by a unanimous voice vote. Vill SUBDIVISION, PRELIMINARY REVIEW (The order of the agenda was changed at this time) C. Subdivision, Lot 14, Block 7, Bells Flats Subdivision (Jeffery Povelite) . Mr. Williams moved to accept the preliminary subdivision as outlined. Seconded by Mr. Brenteson. `AioJon passed by unanimous roll call vote. rD. iJir. Busch moved to approve preliminary subdivision of Lot 1, Block 1, L Bells Fiats Subdivision, (Joseph J. Muir). Seconded by Mr. Heghn. Motion passed by unanimous roll call vote. IX SUBDIVISIONS -- FINAL B. Mr. Ogg moved to accept final plat of subdivision, Lot 3, Block 2, Miller Point Subdivision (Joe i\;ajdic) . Seconded by Mr. Hecilin Motion passed by unanimous roll call vote. C. Crestview Subdivision Portion, USS 3218. Mr. Rasmussen stated that city water is available to all lots in the subdivision; that the perk tests had been done and these lots have been authorized for wells. Mr. Brenteson moved to accept final plat Sec nded by Mr. Lowe. Motion passed by unanimous roll call vote. A. Mr. Heglin moved to accept the preliminary and final plat of Tract E-1B, USS 3218 (Jim Pearson.) Seconded by Mr. Lowe.Motion passed by unani- mous roll call vote. Vill SUBDIVISION, PRELIM11NARY REVIEW (Continued) A. Subdivision Lot 2A, Block 1, Holland Acres USS 3218 (Art Zimmer) . Mr. Ogg moved to deny the request for subdivision as it does not meet the setback requirements. Seconded by Mr. Lowe Motion passed by unanimous roll call vote. B. Mountain View Subdivision, 2nd Addition (Lee Russell) . Mr. Lowe moved to approve as requested with the stipulation that the long arm of the land on Lot 1 Block 3 be removed and included in the road right of way because of the unusual shape of the lot. Motion passed with a unanimous roll call vote with Mr. Ogg abstaining because of a conflict of interest. TiAotion seconded by Mr. Busch.) X OLD BUSINESS A. Mr. Lowe ..... asked that a final decision be reached on the Port Lions comprehensive plan at the May meeting. XI PLANNING AND STAFF ITEMS A. Mr. Lowe stated that the Building Official determine if Mr. Zimmer Is in violation of the setback code and if so, take immediate action to alleviate and so moved. Seconded by Mr. Brenteson. Motion passed by unanimous roll call vote. B. Mr. Lowe questioned how much, really, Mr. Ogden would be allowed to do to conduct business on his property. It was noted that there was allowance for warehousing, the offica previously located on the property could not be replaced, the residence would be considered legal, however, they must be in compliance with all setback requirements. C. Mr. Ogg asked what the status of Mr. Majdic's operation would be inas- much as a rezoning had teen denied. There were no comments. KIBS272919 P Z NAINUTES --- April 21, 1976---------------------------------- Page o X!I AUDIENCE COMMIENTS There were none. X!II ADJOURNMENT Meeting was adjourned by Chairman Hayden at 12: 15 a.m. F ATTEST: j i Borough Secretary r- r--- Planning & Zoning Commisl ion Chairman KIBS272920