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1976-03-17 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MEETING OF March 17, 1976, CALL TO ORDER The meeting was called to order by Chairman, Tom Hayden, at 7: 36 p.m. in the Borough Meeting Room, 700 Upper Mill Bay Road. II. ROLL CALL Present Absent Tom Hayden Bill Williams Paul Lowe Dan Busch Dan Ogg Harold Heglin Don Brenteson There were approximately 20 people in the audience. Ill. MINUTES FROM PREVIOUS MEEINGS A. P & Z Regular Meeting of February 18, 1976. Mr. Ogg moved to correct the minutes to include a motion under P & Z Comments made by Paul Lowe to reads as follows: Mr. Lowe moved to stand by the concept that the P & Z Commission will stand by any building that meets Borough Code Requirements. Seconded by Mr. Brenteson. Motion passed unanimously by a roll call vote. Chairman Tom Hayden so ordered the minutes to be corrected. B. P & Z Special Meeting of March 3, 1976, Mr. Ogg moved to ✓' correct one word in the minutes under Old Business, III.B.- to read: " When it is recorded to allow access to Tracts L & M." Mr. Hayden ordered the minutes to be corrected if there was no objection from the Commission. There were no objections. IV. CORRESPONDENCE A. Request from LeRoy Mayberry for a variance in set back regulations and parking regulations for Lots 2 & 3, Block 2, New Kodiak Subdivision. Mr. Busch moved to hold a public hearing at the next regular meeting, seconded by Mr. Ogg. It was established that a full presentation by Mr. Mayberry's architect would be presented at that time. Motion passed unanimously by a roll call vote. B. Request for setback variance for Leon Johnson, on part of lot 23, Block 14, Kodiak Townsite. Mr. Johnson explained that because of the parking problem and the terrane of this lot he would be limited to build just anywhere. Mr. Lowe explained that Mr. Johnson could build over his own lot lines but had to realize the consequences if he ever decided to sell this property. Mr. Johnson said he was aware of the facts. Mr. Brenteson moved to grant the application for a request in set back requirements. Seconded by Mr. Heglin. With additional discussion on the subject it was decided that the P & Z had better stick by the book and call a public hearing on this matter since Mr. Johnson had not anticipated beginning building for another two months or so. Mr. Brenteson withdrew his original motion with approval of the second, second approved, and resubmitted a motion to hold a public hearing on this matter at the=next re", lar meeting on April 21, 19769 AAr. Lowe seconded. Motion passed by unanimous roll call vote. KIBS272911 P & Z 3-17-76 Page 2 V. PRELIMINARY SUBDIVISIONS A. Mike Rasmussen's subdivision for a portion of U.S. Survey 3218. Mr. Busch moved to accept the preliminary subdivisoion seconded by Mr. Ogg. i1otion passed unanimously by a roll call vote. Mr. Hayden made the comment that it was nice to see a plat that meet all requirements the first time around and that it did help the P & Z to make their decisions without lost time to the developer. VI, FINAL SUBDIVISIONS r _ A. George Magnusen, Lots 2 & 3, Block 2, New Kodiak Sub- division. Mr. Ogg commented that with the present code applying to both the small subdivider and to the larger subdivider it in some cases caused undue hardships on the small developer. Mr. Brenteson moved to approve the final plat, seconded by Mr. Busch. Motion passed by unanimous roll call vote. B. Rolland Jones, U.S. Survey 2843, Tract "G". Mr. Lowe moved for approval of this final plat. Seconded by Mr. Ogg. Motion passed by unanimous roll call vote. VII. P & Z ITEMS A. Letter from Building Inspector to Ray Tufts. Letters of correspondence from the Building Inspector to Ray Tufts and Mr. Tufts' reply were read into the record.. The Commission stated that they had observed this situation of a home occupation as of this date and had spoken to Mr. Tufts that afternoon at his home. Mr. Lowe stated that it is a difficult decision to make to define where home occupations start and commercial business begin. He wanted the Commission to make a decision that would not be subject to controversy in the future and hoped by their �'- decision that Mr. Tufts would avoid difficulties in the future also. Mr. Lowe also stated that there was not a lot of guidance to be had from the Borough Code. He read from 17.12.010 and 17.06.20 of the Borough Code defining home occupations. It was felt a public hearing would be required to get input from surrounding neighbors as to how they feel about this large scale home occupation. Mr. Brenteson moved to hold a public hearing at the next regular meeting to get public input for -Mr r-Tuftscreq.uest for.:an`'additional Use. Seconded by Mr. Ogg. It was established that Mr. Tufts would submitt a letter to the Borough Secretary asking for an additional use. It was also established that the Commission would look into the other violations around town regarding this same occupation. Motion passed by a unanimous roll call vote. B. Letter from the Building Inspector to William Bacus. The letter was read into the minutes, stating Mr. Bacus's temporary barn was in violation of building requirements. Mr. Bacus stated that this barn would be moved in the future. He also mentioned the fact that no one could really determine whether or not his was inside or outside the City. The Commission told Mr. Bacus that this letter was given to them for their information and no formal complaint had been filed with them. The Building Inspector and Mr. Bacus would have to resolve this matter between them and if that could not be done, then it would be a matter for the P & Z. C. Harold Sargent's request for a temporary permit to locate 2 but not more than 4 trailers on the Kalsin Bay Property until December 30, 1976. The reason for this request was to provide housing for the crews to be working on the Loran Station at Narrow Cape. Mr. Busch moved to grant this temporary permit providing that the Health Sanitarian approved the water and sewer conditions. Motion passed by unanimous roll call vote. KIBS272912 P E Z 3-17-76 Page 3 D. Memo from the clerk stating the Borough Attorney's feeling on the violation of trailers owned by Fred Ogden located at J E S Drilling on Spruce Cape. Mr. Ogden was in the audience and he was informed that if he had his request into the Borough Offices by March 31, 1976, asking for some type of relief to this situation that a public hearing would be held at the next regular meeting of the P 6 Z Commission. Mr. Busch so moved to hold a public hearing at the next regular meeting if the request was submitted seconded by Mr. Lowe. The Commission asked the Borough Secretary to direct a letter to Mr. Vogt, the Ogden's attorney asking that only factual items be brought up at the public hearing thus elimiting any repetition from previous meetings. Motion passed by unanimous roll call vote. Vill. AUDIENCE COMMENTS IX. P E Z COMMENTS A. Mr. Ogg proposed a change in the Borough Code 16.20.030 which now reads: Easements of at least ten feet in width shall be provided on each side of rear lot lines and along side lot lines, where necessary for poles, wires, conduits, storm and sanitary sewers, gas, water or other mains ............... Change to read: Easements of at least 10 feet in width shall be provided on each side of the rear lot lines, along side lot lines, or in the road right of way, where necessary for poles, wires, conduits, storm and sanitary sewers, gas water or other mains. Mr. Ogg also presented an additional ordinance for the Commissions information, to be acted upon at a later date on noise abatement. .— The Commission requested that the above change on Borough Code 16.20.030 be writteoup as an ordinance and submitted to the Borough Assembly at their next regular meeting. The Commission mentioned they had received a status report from Rolland Jones on various subdivisions in the works. Mr. Lowe moved to instruct the Borough Engineer and the HeafthSanitarian to check on lot 24, U.S.S. 3099 regarding the sewer.and water lines to see if the Building Code had been met. Seconded by Mr. Busch. Motion passed by unanimous voice vote. It was noted by the Eommission that if necessary the lines would be uncovered at the owner's expense. The second subdivision the Commission had a question on was Island Resources. They were informed that the road going into the subdivision was 20-22 feet at the crown. Borough Code requires 30 foot roads. Comments from the engineer were noted on perhaps lowering the required width of a road in a subdivision to 24 feet. Mr. Russell and Mr. Schaefer, who were in the audience; stated that they felt this would be a good idea. The Code as it reads now ,they felt, put hardships on the developer, and in some instances the 30 foot width requirement was a waste of good resources, such as taking out good trees. The Commission stated they would look into this matter at their March 30th, work session. The Commission directed the Secretary to get additional input into this matter from Barry Still, City Manager, and Rolland Jones, Borough Engineer. Mr. Lowe wanted the fact known the the study of the proposed ferry system with villages, Kodiak and the Mainland *was now completed and asked that a copy be available for the public at least at the Borough, and if possible at the library. KIBS272913 X. ADJOURN':AENT Mr. Lowe moved to adjourn the meeting, secorided by Mr. Brenteson. Motion passed by unanimous roll cal{. -vote. Meekin adurned at 9: 37 p.m. ATTEST: Borough Secretary KODIAK ISLAND BOROUGH BOX 1246 KODIAK ALASKA 99615 THIRD CLASS MAIL Planning & Zoning ComWs�ion Chairman KIBS272914