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1978-06-26 Regular MeetingKODIAK ISLAND BOROUGH P & Z COMMISSION MEETING June 26, 1978, at 7:30 p. m. I. CALL TO ORDER The Vice -Chairman, Mr. Phil Anderson, called the meeting of June 21, 1978 and continued to June 26, 1978, to order at 7:30 p. m. in the Borough Assembly Chambers, 700 Mill Bay Road. II. ROLL CALL PRESENT ABSENT up Mr. John Pugh Mr. Don Baker, excused Mr. Gene Erwin Mr. Dan Busch, excused Mr. Ron Ball Mr. Tony Perez, excused Mr. Phil Anderson The Chairman announced a quorum was established. Chairman Anderson announced that any person wishing to continue their cases to the next regular meeting may do so as there was only a quorum present and it would require the vote of all members present to approve any action coming before the Board. Mr. Duncan Fields, a petitioner for a variance requested that his case was only a minor problem and he would postpone his case until the next regular meeting. III. OLD BUSINESS A. Mr. Ron Doubt, who received on May 17, 1978, final approval of a resubdivision of Tract E, Miller Point Alaska Subdivision, requested an amendment to the approved conditions of his subdivision. Mr. Marmaduke, Borough Engineer, explained the affect of the conditions, followed by Mr. Doubt who explained r- that since he does not own Lot 8 Block 2, Mountain View Subdivision First Addition that he could not plat the 40' access easement to Tract E that he owned since the property was in ownership other than his own. Following the discussion of the problems associated with the condition, Mr. Ball moved and seconded by .Mr. Pugh to delete the 40'reguirement for dedication b Mr. Doubt the 40' access easement on Lot 8 Block 2 Mountain View Subdivision First Addition and to include that Lot E-1 cannot be further subdivided until access is obtained and a 60' roadway is provided. Motion passed by unanimous roll call vote. B. S-78-035. A request for final approval of the Elderberry Heights Subdivision in ­USS Lots 1-13 Block 1 and Lots 1-10 Block 2, the extension of Selief Lane from its terminus with the Alderwood Subdivision to the boundary of USS 3468 and Mozart Circle; a road wholly within Block 2 of the proposed subdivision. Mr. Marmaduke, the Borough Engineer, presented the Staff report based upon a memorandum prepared by the Planning Department. A discussion developed between the Commission and Mr. Marmaduke concerning the Staff's recommendations and conditions for the development. There being no one else to be heard and no further discussion the Chairman asked for a motion. It was moved by Mr. Pugh and seconded by Mr. Ball that the Commission accept the final approval of Elderberry hleights Subdivision of USS 1396 Lots 1-13 Block 1 and Lots 1-10 Block 2 and the extension of Selief Lane from its terminus in the Alderwood Subdivision to the Boundary of USS3468 and Mozart Circle; a road wholly within Block 2 consisting of 20 lots and with the stipulations of Staff that 11 a temporary turn -around at the end of Selief Lane with a radius of 50'; that an encroachment permit be obtained from the Borough or the City for the turn -around 2T dedication of all streets within the subdivision; 3 acceptance of all sewer and water lines by the City of Kodiak and 4) Lots I Block 1 being restricted to single family use. Motion Dassed by unanimous IV. NEW BUSINESS 1. PUBLIC HEARINGS KIBS273043 S-78-040 A request for vacation and replat of Lots 5A and 5B to Lots 5C and 5D USS 3099 containing 1.27 acres, requested by Margaret Emmons and Mr. Dennis Murray, Executor for the Pete Venaas Estate. P & Z MINUTES, JUNE 26, 1978 Page 2 Mr. Wilton White appeared and objected to the Planning Commission's action in the Duncan Fields variance request in postponing Mr. Field's request to the next regular meeting. He felt that the matter had been scheduled for hearing: during this meeting and that the Commission should have taken action rather than postponing. He felt that this situation had gone on for some time and that the Borough Planning Staff should have taken action to have stopped construction on the building last Fall as opposed to waiting till this Spring with a variance. He felt that with further delays the building could be completed prior to any hearing. Chairman Anderson explained why he had asked if anyone wished to postpone due to the presence of only a quorum. A discussion developed between Mr. White, the Commission and the Staff as to what action the Commission could immediately take, whether or not stop work orders could be posted and when an appropriate time for rehearing this case at a special meeting would be. At the conclusion of the discussion, the Chairman directed Staff to contact Mr. Fields and see if Mr. Fields would be available on the following evening to continue this hearing. Z-78-040. Mr. Mulitalo presented the Staff analysis based upon a memorandum prepared by the Planning Department. He explained that in 1973, the late Mr. Venaas started this replatting process and prior to his death, Mr. Venaas sold Lot 5A and most of 5B to Mrs. Emmons. At this time, Mr. Murray, the Executor of Mr. Venaas' estate is trying to plat the property along the lines of the previous sale. Mr. Dennis Murray came forward and explained that as Executor for the estate he is trying to carry out the last wishes of Mr. Venaas and see that the heirs of the estate received their inheritance. Mr. Okey Chandler informed the Commission the location of the water and sewer lines and information about the past history of the property. Mr. Tom Moyer objected to the plat. He stated that there are two structures and two families on proposed Lot 5B with two separate septic systems on the property. He felt that 11,098 sq. ft. lot was too small for two buildings. A discussion followed between the Commission, Mr. Moyer and Mr. Chandler concerning the buildings and lot sizes. It was moved by Mr. Ball and seconder by Mr. Erwin that the Commission grant the approval of the vacation and replat of Lots 5A and 5B and that we orant his lot variance: also that the trailer now occu tnat time the trailer must be removed or proper on passed by unanimous roll call vote. S-78-046. Vacation of a utility easement within Lots 19A and 21A Block 5 Erskine Subdivision USS 562 requested by Dr. Knox Kristie. Mr. Mulitalo made the Staff presentation based upon the analysis of the request prepared by the Planning Department. Chairman Anderson opened the public hearing. Dr. Christie came forward and offered to answer any questions about the proposes vacation. Mr. Pugh asked if Dr. Christie planned to build across the lot line and why he did not apply for a vacation and replat. A discussion developed as to whether or not the lot line common to Lots 19A and 21A could be vacated as well as the requested easement. Dr. Christie offered no objection to the proposed vacation of the lot line. Mrs. Wiley, a neighboring property owner, questioned whether or not the requested vacation would affect her property. After discussion, it was determined that the requested vacation would have no affect on her property. It was moved by Mr. Pugh and seconded by Mr. Ball that the Commission vacate the utility easement within Lots 19A and 21A Block 5 Erskine Subdivision USS 562 and that we also vacate the lot line between those two lots and replat those lots into a new lot, #20A as requested by Dr. Christie; subject to receipt of a letter of non -objection from the City of Kodiak to the vacation of the utility easement. Motion passed by unanimous roll call vote. S-78-050. Vacation of Lot 7 & 8 and replat as Lots 7A, 8A a rd 9 Block 1 Killarney Hills Subdivision, USS 3218. Mr. Marmaduke, the Borough Engineer, made the Staff presentation based upon the memorandum prepared by the Planning Department. Mr. Richard Carr came forward and stated he was trying to replat his two large lots into 3 lots so that proposed lots 7A & 9 could be developed with single family dwellings and Lot 8A could be developed with a duplex. KIBS273044 P & Z MINUTES, JUNE 26, 1978 Page 3 It was moved by Mr. Pugh and seconded by Mr. Ball to approve the vacation of Lots 7 & 8 and re lat them to Lots 7A, 8A, and 9 Block 1 Killarney Hills Subdivision USS 3218, with the stipulation: 1 that the field survey staking be done as reouested by Staff. ^lotion carried by unanimous roll 4. S-78-049. A resubdivision of Lot 11D Block 7 Bells Flats Alaska Subdivision. Mr. Marmaduke made the Staff presentation based upon a memorandum prepared by.the Planning Department Staff. Mr. Richard Lather came forward and stated the survey staking had been completed. A discussion developed between Mr. Lather, Mr. Marmaduke and the Commission concerning the status of the road and drainage. It was moved by Mr. Ball and seconded by Mr. Pugh that the Commission approve the resubdivision of Lot 11D, Block 7, Bells Flats Alaska Subdivision into s of at least one acre each and that all roads within the subdivision be p to Borough standards and that all corner stakes be installed on all ts. Motion carried by unanimous roll call vote.. 5. Z-78-051. This case was postponed until the next regular meeting at the request of the applicant (Russell Welborn). 6. Z-78-054. This case was withdrawn from further consideration based upon a letter received from P1r. Iani petitioning for rezoning on this same property. 7. Z-78-043. This case was withdrawn, by Mr. Herman Beukers on behalf of the City of Kodiak. 8. Z-78-023. A request for final approval of a zoning special exception for a 14 unit group housing project. Ar. Milligan explained the changes that had been made in the final site plan as required by the Commission. He outlined eight conditions which the Staff felt the Commission should consider in granting final approval. A discussion developed between Mr. Milligan and the Commission concerning the proposed eight conditions. Chairman Anderson opened the public hearing. Mrs. Mary Gallahger commented that they had no objection to the proposed fence requested by the Staff. Mr. Robert Shepard stated he is not for or against the project. He is concerned with impacts of the project on the Spruce Street Park and what effect further improvements on Father Herman Street would have on the park. Mr. Stan Fischer, representing Hilton White, came forward and explained that he would be out of town and not available for the continuance of Mr. Duncan Field's case. Chairman Anderson explained that the Fields case was not under consideration at this time and that they (Commission) would address Mr. Fischer's comments following the completion of the Gallagher Exception. At this point Chairman Anderson closed the public hearing. It was moved by Mr. Pugh and seconded by Mr. Erwin that the Commission grant final approval of a 14 unit grou housing exception on Lot 5, Tolbert Sudvision and Lot , 5, a portion of Lot 6, and Lots 8 and 9, Block 1 USS 2910, containin structures with the stipulations as discussed and amended by the Commission and Staff: 17 To include the site drains a and rating lan being submitted '2) The submission of a letter from the Kodiak Public Works Department 3 The infiltration tests 4 That the wooden fence be put up around the property above the contour line 5 That the play area be completed or performance bond be issued 6 That the landscaping be com leted or a erformance bond be issued prior to certi icates of occupancy 7 That the Homeowners Agreement be su mute to —and approved by the Planning and Zoning Commission prior to the issuance of certificates of occupancv. Motion carried by unanimous roll call KIBS273045 P & Z MINUTES, JUNE 26, 1978 Page 4 Chairman Anderson called Mr. Fischer forward. Mr. Fischer requested the Commission consider an alternate date for the variance hearing requested by Mr. Duncan Fields. He stated that he did not think it right for one party to request a postponement when a hearing had been advertised and a quorum of the Commission was present and other parties wish to be heard on the matter. He requested action on the setback request hearing tonight as all parties are available. Chairman Anderson stated that due to the presence of only a quorum, he had r-� offered every petitioner the opportunity to be heard or to postpone action on their case until the next regular meeting_. Chairman Anderson asked Staff to call Mr. Fields to determine if he could return for the hearing. Z-78-052. Chairman Anderson asked Mr. Pugh to read the Staff analysis into the record. Chairman opened the public hearing. No one appeared and the hearing was closed. It was moved by Mr. Pugh and seconded by Mr. Erwin that the Commission grant the setback variance to permit relocation of a house on lot and attachment to garage Lot 29 Block 12 Aleutian Homes Subdivision. Motion carried by unanimous roll call vote. Z-78-056. Chairman Anderson asked Mr. Pugh to read the Staff analysis into the record. The Chairman asked Mr. Milligan to expand upon the analysis. Mr. Milligan indicated the existing and proposed building locations on the site plan and reviewed the topography of the site with the Commission. Chairman Anderson opened the public hearing. Mr. Blake Kinnear explained his request. He explained the car deck would not r— encroach into the Hillcrest right-of-way and the reason why they wanted to remove the existing building and replace it with a new structure. The Chairman closed the public hearing. It was moved by Mr. Pugh and seconded by Mr. Erwin that the Commission grant a setback variance to permit construction of a buildino_ upon foundation of existir building which encroaches into a front yard on Lot 10 Block 19 Townsite Addition. Motion carried by unanimous roll call vote. Mr. Anderson asked if Staff had contacted Mr. Fields. Mr. Milligan replied "yes" Mr. Fields had retired for the evening and since Mr. White is now represented by counsel, he (Mr. Fields) felt he should also be represented by counsel at the time of the Commission's hearing. Mr. Fischer reiterated his request that the Commission proceed with the hearing. He explained the urgency in proceding as quickly as possible. A discussion developed between Mr. Fischer and the Commission as to how soon a hearing could be held and the posting of a stop work order until a hearing is held. It was moved by Mr. Pugh and seconded by Mr. Ball that the Commission continue the hearing on the setback variance to permit construction of a building addition which encroaches into a side and on Lots 6A and 6B Block 8 Townsite Addition until Mondayly 3, 1Ju978 evening at 7:30 p.m., and that until this hearing is held we 7 Commission direct the Staff to obtain through any legal means possible a stop work order on the project currently going on this property. Motion carried by unanimous roll call vote. The Commission indicated that Monday, July 3 would be a could time, following the Fields hearing, to hold a work session with Mr. Brechan, Mr. Welborn, Mr. Iani, and Mr. Wittich to review the industrial rezoning request that they had submitted. KIBS273046 P & Z MINUTES, JUNE 26, 1978 IV. ADJOURNMENT Page 5 The meeting was adjourned by Chairman Anderson until 7:30 p.m., on July 3, 1978, ATTEST - - -- ---- E APPROVED Chairma, KIBS273047