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1978-10-18 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MEETING OCTOBER 18, 1978, at 7:30 P.M. I CALL TO ORDER The Planning and Zoning meeting was called to order by Chairman Busch, at p.m. in the Borough Assembly Chmabers. II ROLL CALL prPcant Absent Mr. Ron Ball Mr. Phil Anderson, (excused) Mr. Don Baker Mr. Dan Busch, Chairman Mr. Gene Erwin Also Present_ Mr. Tony Perez Mr. Rick Garnett, Attorney Mr. John Pugh III MINUTES None at this time. IV APPEARANCE REQUEST - None V PUBLIC HEARINGS A. REZONING 1. Requesting rezoning of Lot 39, Block 2, Erskine Subdivision, USS 562 & Tract "A" USS 2537 and USS 2537 B. (Sunset Development Co.) Mr. Milligan had no staff report relating to this, but said that there r" was a great deal of material on the subject which has been submitted in past hearings, plus some recent materials submitted within the last 24 hours, relative to this case. Chairman Busch stated a possible conflict of interest on the part of Mr. Erwin. Mr. Erwin is a board member of the Kodiak Senior Citizens as well as a member of the Planning and Zoning, but has no financial interest in the above mentioned case, and neither does Senior Citizens have any financial interest. Mr. Baker moved that Mr. Erwin be allow- ed to participate and vote on this case. Seconded by Mr. Ball. Motion unanimous roil tail vote. OPENING STATEMENT FROM SUNSET DEVELOPMENT COMPANY REPRESENTATIVE: BERNARD DOUGHERTY, attorney with Cole, Hartig, Rhodes, Norman & Mahoney, and we are council for Sunset Development Company of Kodiak, the owners and developers of the Senior Citizens project: Explained past history and request outlined materials that have been submitted. He explained previous parcels consolidated into Tract A. In 1974 the land comprising Tract A were rezoned from R-3 to Business. The size of the present project of 55 units was determined by the Wash- ington Mortgage Company, which is the mortgaging institution for this project. In 1976 a member of the Planning and Zoning Commission drafted a letter which was signed by Mr. Lou Iani, stating that all P & Z re- quirements had been met. ,Other documents and letters have been .sub- mitted .to yourF:staff'showing that City and'.Borough offiieials had sign- ed them indicating that everything was in order for this project to get on the road. The project began in 1977. To date, $2,000,000.00 has been spent on this project. There are four variances that are at issue which are: heighth, side yard variance, lot area variance, and a parking variance. KIBS273071 KIB PLANNING & ZONING COMMISSION - MINUTES October 18, 1978, at 7:30 P.M. PAGE 2 OPENING STATEMENT FROM GEORGE DIXON, legal council for MRS. DAYTON: GEORGE DIXON: Asks for a government that is ordered rather than a government that is arbitrary. He states that the application was not verified, and that the hearing tonight lacks jurisdic- tion. He also states that Ms. Dayton did not receive a public hearing notice, claiming that she lives within the 300' of the property in question. He also said that the newspaper notice did not give adequate information as to what was going to be r-- heard before the Assembly meeting. 1. Requesting a zoning of Lot 39, Block 2, Erskine Subdivision, USS 562, and Tract "A" USS 2537 and USS 2537 B (Sunset Development) Chairman Busch states that Tract "A" of USS 2537 & USS 2537 B is at this time zoned Business, according to the KIB Ordinance #78-5-0. Therefore there is no need to zone something from Business to business, which it already is. The Chair ruled that Tract A is zoned Business and thus no rezoning of land to Business is neces- sarv. Mr. Pugh moved that the Commission confirm vour ruling on roll call vote. Chairman Busch states that Lot 39, Block 2, Erskine Subdivision is also zoned Business according to KIB Ordinance #76-17-0. The Chair also ruled on this item that property is also zoned Business. Mr. Pugh moved that this Commission uphold the Chair's ruling on the zoning status of Lot 39. Seconded by Mr. Perez. Motion passed by unanimous roll call vote. 2. A request for a variance to permit the continued construction and use of a building containing 55 dwelling units on a site which r will only accomodate 40.7 units. (Sunset Development). Chairman Busch closed the regular meeting and opened the public hearing. THOSE IN FAVOR OF THE ABOVE ACTION: BERNARD DOUGHERTY: Made reference to letter of July 28, 1976. It their position that even though the issue was considered as an exception that it should have been considered as a variance. The square footage of this lot is 40,717 sq. ft.. The only way this project is feasible is if it is economically feasible. When the project is finished it will cost just shy of $3,000,000. The only way that this project could be build is if it was com- prised of 55 units. This is not an economic windfall. There is a clear need for this project in this community, and this will not be contrary to the objectives of the Comprehensive Plan. Mr. Baker: Could you read the letter of July 28, 1976 which you have referred to several times since the assembly members do not have a copy? (Mr. Dougherty read the letter into the record.) Mr. Pugh: If this project is turned down, does HUD still guarantee the funds for what has gone on so far? rMr. Dougherty: I don't know for certain what the situation would be. l Mr. Pugh: Does the 40,717 sq. ft. include the park area in it? Mr. Dougherty: Yes. The present plan is almost identical to the pre- liminary lay outs. Mr. Lou Ianie: Gave history of action taken since first coming to P & Z. John McCool: Project architect, Northwest Design Association. KIBS273072 KIB PLANNING & ZONING COMMISSION - MINUTES October 18, 1978, at T:30 P.M. PAGE 3 JACK S^900DY: (Employed by Dept. of Housing & Urban Development) Project was submitted for 55 units in approximately May, 1976. Found application to be adequate. Section 8 funding is a subsidy that can be put into existing units or into new construction units. Only available to those who qualify based on income need. The building is within the heighth restrictions. DENNIS MURRAY: (Project Director for the Senior Citizens of Kodiak) So far there are 25 applicants for the elderly housing. Five of these individuals have automobiles. Read resolution from the Senior Citizens Association into the record. In 1973 there were 13 elderly living in the Cherrier & King apartment building. Nine of the 13 are still living there. THOSE SPEAKING IN OPPOSITION TO THIS VARIANCE REQUEST: GEORGE DIXON: Issue is a variance from the code of the KIB. He says that Mr. McCool did not look at the local zoning ordinances, & that the letter previously mentioned did not direct itself to the density or parking problem. He read into the record page #130 of the code of ordinances. (4 conditions that must exist before a variance can be granted). Also read 17.66.120, saying that there's been no staff investigation or recommendation, & 17.66.140, variance denial or granting of. It's a use variance dealing with an increased number of units. LORRAINE DAYTON: Is against the heighth of the structure that impairs her view, & it devaluates her property values. First opposition was on December 28, 1977. MILDRED MACKEY: Says she did not receive anything in the mail saying what was being constructed almost directly across the street from her. Structure obstructs my view. She heard a rumor that the building would not go above the street level. Chairman Busch closed the public hearing on the request for a variance permit, and take a five minute recess. P & Z Commission comments. Mr. Ball: About 60 notices were sent out, according to Mr. Milligan. Mr. Ball suggested that the list of those receiving public hearing notices liv- ing within 300' of the area concerned be placed in the packets. He settled at the suggestion to have it available to the commission rather than having it placed in the packets. 3. A request for variances to permit the continued construction and use of a builing which encroaches into required yards (Sunset Development). Staff Report - Mr. Milligan: Stated that minimum side yards of 61' are required on this project. Chairman Busch closed the regular meeting and opened the public hearing. THOSE IN FAVOR OF THE ABOVE ACTION: BERNARD DOUGHERTY, attorney for Sunset Development: Clarificaton as to the height of the building. A height variance is not required because of an alternate in measurement which is provided in Section 17.21.030 of the KIB Code of Ordinances. Mr. Busch: This isn't one of the variances being requested, so it won't be one of j the things that we'll be addressing at this time. Mr. Dougherty asked to submit to the commission an affidavit from Mr. Ecklund showing that Mrs. Dayton does not live within 300' of the petitioned area. She is not entitled to receive mailed notice. MR. MCCOOL: He was aware of Kodiak Island Borough Ordinances, and he said that it was his understanding that the business zoning required zero (0) setback. KIBS273073 KIB PLANNING & ZONING COMMISSION - MINUTES PAGE 4 October 18, 1978, at 7:30 P.M. OPPOSED: MR. BILL VANORDEN, lives at 321 Erskine: Lived in Kodiak a year. In March, 1978 purchased his present home on Erskine, and now his view has been taken away by this elderly housing, which has cost him a de- valuation of his home of $10-15,000, according to an Anchorage appraisor. (Lot 10, Block 6, Erskine Subd.) OPPOSED: MR. ROB SCHOFF, from George Dixon's law firm: 1. We need to determine what the approximate encroachment is on a required 61' side yard. It is being asked for the Commission to grant a 59' variance in a required . side yard. 2. Also look at the unique physical hardships of the pro- perty itself, & compare to hardships imposed on other similar zoned pro- perties in the area. MR. LOU IANI: In answer to Mr. Pugh's question concerning the height possibly being lower, RE: blasting the rock in the slope, Mr. Iani said that the property belongs to the state & he feels that the state would not have let them touch that slope. Chairman Busch closed the public hearing, and opened the regular meeting. 4. Request for a variance to permit the continued use and construction of a building which provides only 28 of the 55 offstreet parking spaces required by the Zoning Ordinance, (Sunset Development). Staff Report - None Chairman Busch closed the regular meeting and opened the public hearing on request #4. (above) THOSE IN FAVOR OF THE ABOVE REQUEST: BERNARD DOUGHERTY: The notice indicates 28 parking spaces. There are only 26 parking spaces currently provided for, not 28. The 26 parking spaces are more than adequate as the first 25 applicants have 5 automo- biles. MR. MCCOOL: RE: additional parking spaces be added later, yes, it could be done by using the park area, all or part. The site has an enclosed trash room inside the buildina. DENNIS HURRAY.:: Clarified that there would be'approximately 4-6 vehicles utilized by the Senior Citizen Association and other staff. THOSE OPPOSED TO THE ABOVE REQUEST: ROB SCHOFF: What is reasonable parking provision for this project? The firm he represents feels that the 55 required parking spaces accord- ing to the ordinance would be appropriate. Chairman Busch closed the public hearing and opened the regular meeting. Mr. Pugh: Suggested that the Commission postpone any action on any of these matters until October 19, 1978. Mr. Pugh moved that tomorrow at NOON, the Commission hold an executive session with the borouah attornev, and mem- oers or the start, to answer any questions tnat we mignt nave Kt: to point of law, RE: any decisions that we might make in this case. Second- ed by Mr. Baker. Mr. Pugh withdrew his motion on the basis that the summary's and closing comments by both sides have yet to be made. Mr. Baker withdrew his second as well. SI IMMARY KIBS273074 SUNSET DEVELOPMENT, (Mr. Dougherty): Ten documents were submitted to the Commission: He drew particular attention to the letter from Mr. Iani, dated 28 July 76; letter from Mr. Barnett, dated 13 August 76, in which he states "A proposed project is in full compliance with all applicable zoning requirements and restrictions." Letter dated 2 September 77, from Mr. Milligan, which also states that the action to vacate easements con- stitutes the last approval from the borough necessary preparatory to con- struction. Letter from Mrs. Dayton, dated 11 October 78, which relates to Section 17.21.010 (B), which she states requires an office use or business use in a building of this type. This, in our opinion is in- correct, to which Mr. Copeland also feels is incorrect. KIB PLANNING & ZONING COMMISSION - MINUTES PAGE 5 October 18, 19.78, at 7:30 P.M. SUMMARY (Continued) The issue of notice is one which has been bandied about alot. There is no access to the building from Rezanoff Drive, which makes it physi- cally impossible to have parking problems on Erskine or Rezanoff. GEORGE DIXON: States that the building permit was erroneously issued. Interpreted Mr. McCool as saying that he purposely designed the build- ing to rise above Rezanoff to obtain a view. We ask that you consider these variance requests as if the building had not yet been constructed, or without any regard to any pending or possible suit against the borough. REBUTTAL SUNSET DEVELOPMENT, Mr. Dougherty: Mr. Dixon has severely misquoted Mr. McCool as to the testimony he said Mr. McCool gave. RE: 1974 ordinance, and the restriction not to build more than one story above Rezanoff, which I think is easily explained from the project that was contemplated at that time, but was subsequently abandoned, if the KIB is contacted that this would be cleared up in favor of Sunset Develop- ment. Mr. Vanorden purchased his house when the fifth story of this building was already framed and the value of his house should not be affected. Section 17.66.090, interpretation emphasized that it is not only physical circumstances of the lot that you can look at, but you can also look at conditions applicable to the property or its intended use. Zoning laws are not meant to enforce one persons views. He feels that Mrs. Dayton is using the zoning laws to satisfy her own position. There is no right, in the U.S., to an easement for view. Mr. Pugh moved that the ney to aiscuss the iegai matters, oossibiv witn imbiications oertaim no aw su executive session. aeconaeo by mr. baker. motion oassea by unanimous ca Chairman Busch recessed current meeting until October 19, 1978, at Noon, being resumed into executive session, which will be further recessed un- til tomorrow evening, at which time we'll continue on with our agenda, taking any other action concerning Sunset Development and also consider the other requests for subdivisions and other new business. Tomorrow nights meeting will be in the High School Library, and tomorrow noon's meeting will be held in the Borough Assembly Chambers. VI. ADJOURNMENT Chairman Busch recessed October 18th meeting until Noon, October 19 and further recessed until 7:30 p.m., October 19th, 1978. Chairman ATTEST KIBS273075 (Continued regular meeting from October 18, 1978) KODIAK ISLAND BOROUGH PLANNING & ZONING EXECUTIVE MEETING OCTOBER 19, 1978, at Noon I CALL TO ORDER PAGE 6 The regular meeting held on October 18, 1978 was reconvened and called to order by Chairman Dan Busch. I-- II ROLL CALL Present Mr. Ron Ball Mr. Don Baker Mr. Dan Busch, Chairman Mr. Gene Erwin Mr. Tony Perez Mr. John Pugh A quorum was established. III EXECUTIVE SESSION Absent Mr. Phil Anderson (excused) Also Present Mr. Stuart Denslow Mr. Richard Garnett, III Chairman Busch recessed regular meeting and went into executive session concerning Sunset Development requests. Chairman Busch reconvened regular meeting. IV COMMISSIONER'S REMARKS - None V CHAIRMAN'S REMARKS - None VI RECESS Chairman Busch recessed the regular meeting until 7:30 p.m., October 19, 1978, to be held in the High School Library. APPROVED BY: ATTEST n. - Chairman KIBS273076 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MEETING - MINUTES (Continuation of regular meeting from October 18, 1978, at 7:30 P-M.) OCTOBER 19, 1978, at 7:30 P.M. Held in the High School Library I CALL TO ORDER PAGE 7 At 7:45 P.M. Chairman Busch called the reconvened meeting of October 18th to order in the High School Library. ROLL CALL Present Mr. Ron Ball Mr. Don Baker Mr. Dan Busch, Chairman Mr. Gene Erwin Mr. Tony Perez Mr. John Pugh A quorum was established. Also Present Mr. Harry Milligan III STAFF REPORT Absent Mr. Phil Anderson (excused) Mr. Milligan presented an analysis report as requested by the Planning and Zoning Commission. IV PUBLIC HEARING Chairman Busch reopened the public hearing, RE: Mr. Milligan's staff report, and closed the regular meeting. ►-- MR. ROB SCHOFF, representing Lorraine Dayton: Objected to not having an advance notification of staff report, and opportunity to review the report. Referred to Section 17.75.060 of the KIB Code of Ordinances, and read this into the record, and also read other sections into the record as well. (Mr. Schoff did not stick to the rebuttal of the staff analysis). HOWARD LANGVILLE: Just moved to Kodiak four months ago. Gave his understanding as to what happens when a person wants to put up a building. Chairman Busch closed the public hearing and reopened the regular meet- ing. BERNARD DOUGHERTY: (Mr. Busch asked why they came back and asked for these variances?) Because of the lawsuit that was filed by Mrs. Dayton has threatened to stop completion of the project and occupancy of the elderly housing project, & we felt that coming back to the P & Z Commission, if necessary, the Assembly, was the shortest & most efficient way to deal with the threat over the project. The doubt as to the validity of the granting of the variances in 1976 is what has caused the lawsuit. #1) Mr. Pugh moved th r-- variance to permi containing 55 dwe units, with the s is now owned by M mately 1631', be lot size within t ;r-1 , with Mr. Bak voting as he did. continuea cons on cantina a ant the reauest for a on and use of the building ich will only accomodate 40.7 on of Lot 30, Block 1, which chan, consisting of approxi- and included in the total mr:_uuer reiatea nis KIBS273077 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MEETING - MINUTES (Continuation of regular meeting held October 18, 1978) OCTOBER 19, 1978, at 7:30 P.M. Held in the High School Library #2) Mr. Pugh mov permit the c into the req Motion passe #3) Mr. Pugh mov tinued use a the re wired 1 They provi ity/agent of see that the any time he he so inform nued cons T side va ission grant a req ction and use of a of approximately Baker casting a NO ission grant a var of a buildina whic number of parking s ecessary that more ng spaces, but ne does nave a a Commission. Seconded by Mr st for uildin h does no he follow designate me check is adequ ng spaces er must t PAGE 8 hich encroaches ded by Mr. Ball rmit the con - provide all of g stipulations: zoninq author - at Mr. Pugh amended the above motion, with consent of the second, & strike the last portion, and change that the Planning Official shall make a re- port to the Commission and that if the Commission deems that more park- ing spaces are necessary, that this should so change this variance re- quest. Discussion followed between the Commissioners & Mr. Milligan con- cerning strain be placed on the P & Z Commission rather than the P & Z Department being responsible for requiring, on inspection from the build- ing official, putting in additional parking spaces should they be needed at a future date. Mr. Pugh amended, for the record, the motion above to read that the Borough Planning Department shall from time to time check the parking re- quirements of the building. If they should find that the parking is in- adequate, they shall make a report to the Commission, and the Commission shall then take action to amend this variance to require more parking, if it is deemed necessary. So the motion should read as follows: Mr. Pugh moved that the Commission arant a variance to hermit the continued use and construction of a build- e reou with the following stipulations: 7 They provide 3/ parking spaces, 2 that the designated zoning authority/agent of the Borough shall from time to time check the parking requirements of the building. If they should find that the parking is inadequate, they shall make a report o the Commission, and the Commission shall then take action to amend thits variance to require more parking, if it is deemed necessary. More discussion followed be the Commissioners. Seconded was pre- viously given by Mr. Ball. Motion passed 4-2, with Mr. Baker & Mr. Busch castina NO votes. Chairman Busch recommended that the Commissioners, for the record, give findings and facts as to why each of them voted as they did so that there would be a criteria for the record, which each gave.as follows: On the lst Motion: MR. PEREZ: These units are more like, they are small units, they are efficiency/apartment-type units, and only one -bedroom, on the whole. The building, having been constructed & designed in this manner, I couldn't see where not going along with it, where it is already in it's present state I don't think anything would have been gained had we gone to the (can't distinguish last word). I'm very much in favor that the variance could be granted on the ground that here we are with smaller units than is ordinarily found in a regular apartment building as such, and this is one of the reasons that I voted the way I did. KIBS273078 KODIAK ISLAND BOROUGH PAGE 9 PLANNING & ZONING COMMISSION MEETING - MINUTES (Continuation of regular meeting held October 18, 1978) OCTOBER 19, 1978, at 7:30 P.M. Held in the High School Library MR. PUGH: The reasons why I went for the variance on the 55 units in the area only allowing 40.7, were among other things, that I felt that the density factor, due to the fact that this complex was designed for senior citizens, was not that major a factor with 15 more units being provided. I also felt that the topography of the site limited the development of the building, that the location of the building was excellent as far as the use of the building by senior citizens to be within the close walking distance to the doctor's, dentists, library, services that they might need, shopping. That the location of the com- plex was within quick response of both the fire and the police department needed, and also the ambulance. I felt that this facility was needed in this community, & I have always felt that the views of the adjacent property owners, although Kodiak has some of the most beautiful views in the world, that it cannot prevent a person from building on his property just be- cause it will lessen the view of a neighbor, & that I felt that this request is not contrary to the comprehensive plan. MR. BALL: Just verifying the voting of the previous Commission. Also, in looking at the record, all of the data in regards to the 55 units and the side yards, the parking, everything was presented to that Commission as it was to us, & that is the rea- son I voted the way I did, verifying the previous Commissions findings. MR. ERWIN: The way I voted was similar to the way I voted back when it first came up, back in August, '76. During that time I see no reason for any change. I was in favor of all these ex- ceptions granted at that time. They should have been variances, I don't know. They were granted, and feeling we were doing right. The building has been needed extremely the past four or five years.(Last part lost in changing tapes). MR. BAKER: The item that I guess that I hung up on was finding exceptional physical circumstances which would cause us to grant a variance, that I believe this property could have been develop- ed, could have been utilized. I believe that it is possible that an architect could have designed the building which better suited the property. I also felt that there was prejudice to other properties in the vicinity, in that I believe that, as a result of this structure we have affected property values in the surrounding area, particularly in the area up where the view is impaired. MR. BUSCH: I voted the way did for several of the reasons that Mr. Pugh mentioned, also particularly, the one concerning the apartment size or the unit size. Since they are single unit dwellings you'll probably have less residents in this complex, then if it were a 35 multi -family dwelling unit. So the density is still going to be less than if it were perhpas an R-3, or family, two or three -bedroom dwelling. So I felt that this vari- ance could be granted for these reasons. KIBS273079 On the 2nd Motion: MR. PEREZ: Here again we have to go back to day one when the first request for the setback was asked for. The property be- ing zoned business, you can go from lot line to lot line, & I think this is what they were more or less thinking about. And I can see nothing that can be gained by going back and asking for the 60 some feet setback, whereas, the way the building is set, and it's locale, it is not injurious to other buildings around it. I believe that they tried to do the best they could with what they had at the time. MR. PUGH: Well, the reason that I voted for the second variance is basically that I was trying to affirm or reaffirm the decision made by the P & Z Commission in 1976, and just to clear up the KODIAK ISLAND BOROUGH PAGE 10 PLANNING & ZONING COMMISSION MEETING - MINUTES (Continuation of regular meeting held October 18, 1978) OCTOBER 19, 1978, at 7:30 P.M. Held in the High School Library terminology between the word exception, which was granted then, and the variance, which is the proper thing that should have been granted. I also personally felt that by allowing the building to qo the 75' to the side, and approach into the side lot yard re- quirement that this allows a better design on the lot for the placement of the building, for the placing of the parking, and for the placing of the proposed park, and/or garden area. I also felt that the topography on the land and felt to place the building in the position that it was. MR. BALL: (can't decipher), mainly just reconfirming what was voted on in the 1976. MR. ERWIN: No reasons I can think of. I already spoke, I already agree with all of them. MR. BUSCH: I think my reasons would be to primarily also to re- confirm the action of the P & Z in 1976, and also ... to allow a better placement of this building on the lot. MR. BAKER: The problem I had was again, I -I guess I'm on the architect here, but it would just appear to me that it was strange a situation where in one side of the property, (and I'm searching here for a dimension on this ... I fail to find), I believe I recall the dimension in excess of 100' at one end of this property, no building -parking area, and yet at the other end we're within two foot (2') of the property line. I will admit that there are some unusual circumstances with the particular lot layout, however, I again feel that properly designed this building could have been situated on the lot in such a manner that the, at least the extent of the encroachment, would not have been so great. On the 3rd Motion: MR. PEREZ: Here again, we're dealing with the Senior Citizens, and a high proportion of them don't have automobiles. The Senior Citizens company, or whatever it is, that takes care of this, have a couple of cars and they chauffeur the people around, so there's really no need for them to have cars,.and I couldn't see where a full force on the parking requirement would gain anything here, but as was amended, well we'll look at it later on, and see how the parking is (can't decipher). MR. PUGH: Mr. Chairman, I felt that 37 parking spaces are adequate at this time due to the fact that I feel that the Senior Citizens living in the building themselves would not own that many vehicles, and that the extra parking spaces will probably be there for what- ever community uh interest uh are generated and uh come to that building to attend functions. However, I did put the stipulation in uh, and I feel strongly that if it proves that we were wrong on this point that we do have a chance to put in uh 55 parking spaces. I feel that this time that to have asked for 55 parking spaces would have proved an unnecessary hardship on the po on possibly the residents of the building who would probably have been then depriv- ed of the proposed park, but I feel that they have more of a thera- peutic value for the residents of the building than perhaps looking at an asphalt parking area. I feel that this wouldn't cause any uh damaging affects to the uh to the surrounding neighbors because due to the configuration of the land people will not be parking on Rezanoff Drive or upper Erskine Road to go to this building. There is not access to the building from that side, and I don't think that the building will generate any excessive offstreet parking, and I felt that this was uh not detrimental to the uh occupants ... KIBS273080 MR. BALL: On this issue, I might doubt about voting for 37 parking spaces and it's for the same reason that uh I believe that the ori- gional Commission went with 25 or 26 untis, uhm, but I did vote for 37 uh, to get uh the project moving, uh, but I -I would have rather voted on 26, and I would have ... that also, but as I say everything I did was based on I believe all this information was before the KODIAK ISLAND BOROUGH PAGE 11 PLANNING & ZONING COMMISSION MEETING - MINUTES (Continuation of regular meeting held October 18, 1978) OCTOBER 19, 1978, at 7:30 P.M. Held in the High School Library previous P & Z in 1976, and I believe they voted that way at that time, and I was trying to confirm what they voted on. MR. ERWIN: The way I voted here was possibly because I've uh been more or less associated with the Senior Citizens than most ... The various functions that we have, there's very few cars. Practically all the transportation is furnished by the two buses that Senior Citizens operate. ..uh, one of our largest, one of the largest uhm turnouts that we had, I think there was possibly ten (10) cars total, that was counting our two buses ...(can't decipher. MR. BAKER: Well, my concern for the parking is, at this point I guess, I'm not convinced that we're going to see only Senior Citizens in here. Uh, I hope the building is used for that, but I recognize that we have economic constraints and that if it were to develop that perhaps the building wouldn't be fully occupied by Senior Citizens or handicapped, then I can see an eventuality where other people would be using the parking area and uh, other people renting the building we might find a situation where they own several cars. The other thing was the fact that uh the the parking is a problem in Kodiak. I would have seen that provided at the outset. It would have been no future issue on the thing. It would have been dispensed with, the parking would have been there forever. MR. BUSCH: I also felt that this unit will be used more for, or not more for, but also for other activities other than those as related to the elderly residents of the of this project. With uh the meeting room thats there I feel that it will be _ probably perhaps available to other non-profit organizations in the community or could be rented, which could create a number of vehicles there. And also it was stated that the elderly housing association, or the elderly people have an organization of 300 members, and now they do have a place they can have dinners or have social events or whatever type of organization they may need or whatever they may have. And uh, I would think that it could generate a considerable amount of vehicles in this area. I was opposed to this variance and felt that the required parking should be required. KIBS273081 OTHER COMMENTS FROM COMMISSIONERS: MR. ERWIN: Mr. Chairman, on your comment of 300 members, this is, this uh is people from around the island, this isn't all local people. r- MR. PUGH: Just one comment on parking, and this is for information for Commission use only; I talked to Mr. Iani after the meeting, and I don't know if, this is just a discusssion that I had with Harry in his office this morning requesting information and what not, but there was a question raised by either members of the Commission or members of the staff as to whether the parking lot itself was going to be paved, and the answer is YES, that the uh housing uh HUD requires that the uh total parking lot for this project be paved, and it will be paved. 4• Request for variance from the requirement of Section 17.18.040 (B 1) of the KIB Code of Ordinances, to permit construction of an addition to an existing single family dwelling which projects approximately 1' into a required side yard of Lot 24, Block 19, Townsite Subdivision in an R-2 zoning district. (Charles Hobbs) STAFF REPORT: Suggested having a public hearing this night even though notices inadvertently were not sent out with the usual amount of notice time, and then continuing the public hearing on this case until November 1, 1978. Chairman Busch opened the public hearing and closed the regular meeting. KODIAK ISLAND BOROUGH PAGE 12 PLANNING & ZONING COMMISSION MEETING - MINUTES (Continuation of regular meeting held October 18, 1978) OCTOBER 19, 1978, at 7:30 P.M. Held in the High School Library Chairman recessed this public hearing and will continue on the November lst meeting. (no one came forward to speak for or against this variance). C. OTHER r " 1. Requesting a special exception to construct a dormitory structure on a portion of USS 1673 & Alaska Tideland Subdivision 853. (New England Fish Company) Mr. Milligan gave the staff report on this request and stated that it is improperly before the Commission. Advised that they cannot act upon this action. Mr. Perez moved to table this request. Seconded by Mr. Pugh. Motion passed by unanimous roll call vote. D. SUBDIVISIONS 1. Preliminary plat of vacation & replat of Lots 14 & 15, Block 2, Monashka Bay Subdivision (Donald Erdman). Mr. Milligan gave the staff report and recommended the the re- quest for preliminary approval be approved. Two returned comments were received, and this one (a letter of objection from Mr. Chase) was mentioned. Chairman Busch closed the regular meeting and opened the regular meeting. ,— DAVE HERNSTEIN, lives on Lot 13, Block 2, Monashka Bay Ak. Subd.: Asked a couple of questions; one wishing that the plat show- ed where the road is located, and also showing the location of the trailers on these lots. Essentially spoke in favor of this request. Mainly concerned about the water. Chairman closed the public hearing and reopened the regular meeting. Chairman requested that the plat have on it that the septic tank be placed 100' feet from the pond, and that this request be recon- vened until November 1. Mr. Pugh moved that the Commission postpone any action on this matter until the 1st of November, which will give us a chance to any proper preliminary plat showing the location of buildings, and structures on the lots, and the chance for us to get all of the submitted letters that weren't here tonight. Mr. Pugh amend- ed his motion to include that the plat also show that the septic system be place a minimum of 100' from the pond. Seconded by Mr. Baker. Motion passed by unanimous roll call vote. 2. Final plat of Tract N-41, Tidelands, (City of Kodiak). Mr. Pugh requested a ruling from the Commission on the ability r - of myself voting on this matter, which was brought up by North Pacific Processors, for whom I was employed until approximately 12 mths. ago. He has acted as an agent for North Pacific Pro- cessors in the negotiations for the sale of this lot. Mr. Perez moved that Mr. Pugh be allowed to vote on this issue. Seconded by Mr. Ball. Motion passed by unanimous_ roll call vot Mr. Milligan gave the staff report on this matter. KIBS273082 KODIAK ISLAND BOROUGH PAGE 13 PLANNING & ZONING COMMISSION MEETING MINUTES (Continuation of regular meeting held October 18, 1978) OCTOBER 19, 1978, at 7:30 P.M. Held in the High School Library 3 Chairman Busch closed the regular meeting and opened the public hearing.. There was no one to be heard. Chairman closed the public hearing and reopened the regular meeting. Vacation and replat of the lot line common to Lots 10A and 11, Block 1, Russell Estates Subdivision, (John Fedon Capas). Mr. Milligan presented the staff report on this request. Chairman closed the regular meeting and opened the public hearing. IN FAVOR OF: MICHAEL SHARON, attorney -at -law, representing John Capas: Gave a short history of Mr. Capas' efforts in regards to this property was given. A good presentation. OPPOSED TO: FRED GAFNEY, Lot 9, Block 1, Russell Estates Subdivision: Gave a s ort lstory from the beginning of construction in April, to a stop order of construction in June, to a petition drawn up by surrounding neighbors who felt that the structure being built was going to accomodate more than just three apartments. July 24th he was given a certificate of occupancy. (29 Larch St. residents signed the petition). Passed around another petition signed by 32 property owners to the Commissioners and P & Z secretary. He then read the petition into the record. IN FAVOR OF: MICHAEL SHARON: States that the petition seems to be against existing zoning laws. There's no need for a public hearing in this situation by virtue of a state law Title 29 & Title 16 of the Borough Ordinances. JOHN CAPAS: Answered Mr. Perez's question as to what the ori- gional structure was that he constructed by saying that he had constructed a triplex, which could be easily converted to a four-plex. The intent was to be a triplex at a latter time to be converted to a four-plex. Chairman closed the public hearing and reopend the regular meeting. Discussion between the Commissioners and Mr. Milligan took place. Mr. Milligan gave additional comments on this request. Mr. Ball moved that the Commission approve the vacation and replat of the lot line common to Lots IDA and 11, Block 1, Russell Es- tates Subdivision, for John Capas. Seconded by Mr. Perez. Motion failorl 4-2. with Mr Rall Mr Ralror Mr Frwin Anri Mr Poro7 ract- ing Nu votes. unalrman Busch aSKetl Tor those voting t their reasons for their decision since the motion failed. MR. PEREZ: I'm basing my denial on the mere fact that the neigh- borhood as a whole is opposed to it, and this body is to bend to the wishes of the people. We are here to be service to the major- ity of the people. The majority here say they don't want it, so this was the reason... MR. ERWIN: My reason for refusal is practically the same as Mr. Perez. This is the third time it's been up and I think we've had about three petitions against it. It looks like it isn't wanted in the neighborhood. KIBS273083 KODIAK ISLAND BOROUGH PAGE 14 PLANNING & ZONING COMMISSION MEETING - MINUTES (Continuation of regular meeting held October 18, 1978) OCTOBER 19, 1978, at 7:30 P.M. Held in the High School Library MR. BALL: As I stated before it's practically the same as their's is, and also I don't believe that his intention was origionally was to build a triplex. MR. PUGH: Well, I would have prefered that we'd had a motion to table it to get the opinion from the attorney on the question as to whether we could actually have the right to deny it. I feel very strongly towards the people in the neighborhood who don't want this, but I feel that this action possibly protected the neighborhood from the addition of one more unit than will actually be built if we approve this petition. MR. BAKER: My vote was out of concern for the opinion expressed by the neighborhood, and as I pointed out, I am in somewhat of a dilemna in this in that I don't know what our obligation is, and my statement earlier tonight concerning interpretation of this our responsibilities, it's somewhat hazy in this respect, but I feel that we do have an obligation to the community, at large, and in this instance it has been clearly expressed by those liv- ing in the subdivision, that this is not a desireable situation. They've made their opposition known in every way and every manner they could find, and it's before us again, and I felt that I had to support the wishes of the neighborhood. This is a planning matter, this is an area where they have come to us in the only method available through public testimony and petition, and I feel that we have an obligation to at least respect that wish. CHAIRMAN BUSCH: I feel that by granting this vacation/replat we could have possibly eliminated the increase of density in this area. Now we have the potential of increasing density, whereas we could have perhaps limited to seven, now we have or we're looking at a potential of eight. And I don't feel that we can tell a person who owns a piece of property that's zoned R-3, that he can't make R-3 use of that piece of property because of residents object to it. I think the person has the right, according to the borough ordinance to make use of the property as it is so zoned, and we're denying that. I don't think that it's question of what his intent is, we're not looking at this intent now, we're looking at this case right here, the vacation/replat is what we're looking at, not the origional intent. I don't think the past history is even pertinent in this issue. I think we're looking at the vacation/replat. VI NEW BUSINESS 1. Recommendations for Borough Assembly on disposition of Borough lands. Mr. Milligan presented staff report. Planning Commission is ready to take the next step in recommending certain specific lands to the Borough Assembly for disposal, and also the method whereby you feel that land should be disposed either by sealed bid or an out- cry auction. Chairman Busch recommended to Mr. Milligan that he include in the letter to the Borough Assembly that the Commission would recommend that an outcry take place. Recommend that the parcels chosen be subdivided; hold the two lots discussed as far r- as rezoning. Request for approval by the P & Z Commission of a use of land not spe- cifically listed in a business zone. (Chuck Powell) Mr. Milligan gave staff report on this request. Some discussion between the Commissioner's and Mr. Milligan followed the staff re- port. KIBS273084 KODIAK ISLAND BOROUGH PAGE 15 PLANNING & ZONING COMMISSION MEETING - MINUTES (Continuation of regular meeting held October 18, 1978) OCTOBER 19, 1978, at 7:30 P.M. Held in the High School Library (Note: The following motion was not on the electronic trans- cription, but is taken from Mr. Milligan's notes that indicate a motion was made. The wording is a guestamate). st fo use approval of lano not specirically listeo in the Dusine_ss_ zo Seconded by Motion Dassed 5-1 with Mr. Ball cas [E$ ADJOURNMENT Chairman Busch recessed the regular meeting of October 18, 1978, which was continued to October 19, 1978, and then continued to November 1, 1978, at 7:30 P.M., and held in the Borough Assembly Chambers. APPROVED BY: Chairman ATTEST KIB521308 Se etary of P & Z �ission r— KODIAK ISLAND BOROUGH PAGE 16 PLANNING & ZONING COMMISSION MEETING - MINUTES (Continuation of regular meeting held October 18, 1978) NOVEMBER 1, 1978, at 7:30 P.M. Held in the Borough Assembly Chambers I CALL TO ORDER Chairman Busch called the continued meeting of October 18th of the Kodiak Island Borough Planning & Zoning Commission to order. II ROLL CALL Present Mr. John Pugh Mr. Tony Perez Mr. Dan Busch, Chairman Mr. Phil Anderson Mr. Ron Ball Mr. Don Baker A quorum was established. III PUBLIC HEARINGS A. VARIANCES Absent Mr. Gene Erwin (excused) 1. Request of variance from the requirements of Section 17.18.040 (B-1) of the KIB Code of Ordinance, to permit construction of an addition to an existing single family dwelling which pro- jects approximately 1' into a required side yard of Lot 24, Block 19, Townsite Subdivision in an R-2 zoning district. (Charles Hobbs) STAFF REPORT: Mr. Milligan presented the staff report based on a memo from the Planning Department with three recommendations. Chairman Busch reopened the public hearing and closed the regular meeting. Hearing nothing in favor of or in opposition to the above re- quest, the Chairman closed the public hearing and opened the regular meeting. Mr. Pueh moved that the Commission ¢rant the reauest for a variance from the requirement of Section 17.18.040 (B-1) of the KIB Code of Or- dinances to permit the construction of an addition to an existing sin- gle family dwelling which projects approximately 1' into a required side yard of Lot 24, Block 19, Townsite Subdivision.Seconded by Mr. Perez. Motion oassed by unanimous roll call vote. B. SUBDIVISIONS KIB S273086 1. Preliminary plat of vacation & replat of Lots 14 & 15, Block 2, Monashka Bay Subdivision (Donald Erdman). STAFF REPORT: Mr. Milligan presented the staff report briefing the Commission as to what took place at the previous meeting on this request and pointed out that a revised plat has been made, which includes the things that the Commission specified should be on the plat. Some discussion followed between Mr. Milligan and the Commissioners. Chairman Busch reopened the public hearing and closed the regular meet- ing on the above request. OPPOSED: RON CHASE: Not speaking against it really, but read into the re- cord the letter he wrote to the P & Z Commission that was to have been presented at the October 19th meeting but had been replaced.? He owns Lots 8, 9 & 11, Block 2, Monashka Bay Subdivision. His concern deals with the effects on the water. Went to plat to in- dicate where the creek is in regards to the lots in question. DAVID HERNSTEIN: Lives on Lot 13, Block 2, Monashka Bay Subd.. He would not be opposed to it if the front part of the line was moved so that lot 15A would be less than 80,000 square feet. KODIAK ISLAND BOROUGH PAGE 17 PLANNING & ZONING COMMISSION MEETING - MINUTES (Continuation of regular meeting held October 18, 1978) NOVEMBER 1, 1978, at 7:30 P.M. Held in the Borough Assembly Chambers Is fearful that a duplex could be put on the property if left the size it is at present, IN FAVOR: MR. ERDMAN: Feels that there is good drainage on the property, and seriously questions the quality of the water as presented by r Mr. Chase and Mr. Hernstein. Mr. Brighton checked the water, but later he retracted his o.k.. because of the complaint received from Mr. Chase. (Discussion between some Commissioners, Mr. Chase and Mr. Erdman took place.) Chairman Busch closed the public hearing and opened the regular meeting. Mr. Milligan offered to call Mr. Cherry at the Department of Environ- mental Conservation Office in Anchorage and ask him to have one of his field people come down, take a look at the property & make a determina- tion or request the necessary tests of the site to determine whether or not it is suitable. Mr. Ball moved that the Commission table this request. Seconded by Mr. Perez. Motion passed by unanimous roll call vote. IV COMMISSIONER'S COMMENTS RON BALL: Welborn/Brechan (Alagnik). He moved to remove from the table for discussion. Seconded by Mr. Pugh. (Includes Tract S-4, USS 3218 by Mr. Welborn; Tract S-2, USS 3218 by Brechan; Lot 1, Tract "M" & Lot 2 Tract "M" by Mr. Wittich & Alagnik Inc. of USS 3218). Motion passed 4-2 with Mr. Busch and Mr. Pugh casting NO votes. Some discussion followed between the Commissioner's. Mr. Ball moved that the Commission return this request to the Borough Assembly under the same conditions that we sent it to them the first time; (rezone those four pieces of property to industrial;) Mr. Milligan advised that the Commission have a statement saying whether or not there is a need for any type of buffering around that property at this time. Mr. Ball restated his mo- tion, and moved that the Commission rezone the lots in question to in- dustrial without any buffer zone, and return it to the Borough Assembly. Seconded by Mr. Pugh. (Note: Check out whether the Commission can put a condition on this matter re; Brechan maintain drainage in that swamp area, instead of continuing to fill it in.) Motion passed 4-2 with Mr. Busch and Mr. Baker casting NO votes. Mr. Pugh moved the Commission take request for a lease application by Mr. Roval Lareefor a tract out in Bells Flats off the table. Seconded Mr, Anderson, Motion passed 5-.1 with Mr. Perez casting a NO vote. Mr. Milligan gave update on this request. Staff recommended that the only portion of Tract P-4 that be considered for such lease would be that portion between the road and the creek that has been excavated for some time, where there still may remain some materials to be removed and where there is some necessary site restoration and fill work to be done to eliminate standing waters and to bring the property back to within 5' of the road, although we feel that it's probably quite close to no more than 5' below the road, and also a small portion of P-4 near an abandoned power house where there has been some excavation. Is lo- cated opposite the road. Also recommends that no lease be recommended r to the Borough Assembly that has covered a period of time greater than one year. I Mr. Ball moved that the Commission make a borrow lease to Royal Large on Tract P-4, Bells Flats Subdivision, and that's all of Tract P-4, and anv excavation or anv work that is done on the westerlv side of ana engineer. ktne oorougn planning stair wlii come up wltn a plan of what can be taken out of that area. and then Mr. Large will be allow- ed to remove it, He can only remove what the borough planning staff comes up with, and no more whatsoever. Seconded by Mr. Pugh. Motion passed by unanimous roll call vote. (Note: Mr. Busch hinted that the staff do it's homework within the coming month.) KIBS273087 KODIAK ISLAND BOROUGH PAGE 18 PLANNING & ZONING COMMISSION MEETING - MINUTES (Continuation of regular meeting held October 18, 1978) NOVEMBER 1, 1978, at 7:30 P.M. Held in the Borough Assembly Chambers B. REPORTS 1. Staff Report a. Planning Director Reminded the Commission of Mayberry case. Scheduled a special meeting on Wednesday, November 29th to specifically take up this item. V AUDIENCE COMMENTS - None VI ADJOURNMENT Chairman Busch adjourned the meeting. I:199S0:41M:YF Chairman ATTEST Secretary of & Z Co s sion KIBS273089