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1977-05-18 Regular MeetingKODIAK PLANNING AND ZONING COMMISSION MEETING May 18, 1977 KODIAK ISLAND BOROUGH I CALL TO ORDER Planning and Zoning Meeting was called to order by Chairman Bill Williams at 7:30 p.m. in the Borough Meeting Room. ii ROLL CALL Present Phi I Anderson r` Dan Busch Gene Erwin Tom Logan John Pugh Bill Williams Absent Ron Ball - excused Chairman introduced Harry Milligan, Planning Director, for the Kodiak Island Borough, to the audience of approximately 20 people. III MINUTES OF PREVIOUS MEETING A. Dan Busch moved to approve the minutes as presented; seconded by Phil Anderson. Motion carried by unanimous voice vote. B. MINUTES OF OTHER MEETINGS 1. Assembly -Special -April 29, 1977. No comment. 2. Assembly -Regular -May 5, 1977. No comment. IV COMMUNICATIONS AND CORRESPONDENCE None r— V SUBDIVISIONS A. Preliminary 1. Ray Hickman -Russian Creek Subdivision, Tract N. Mr. Anderson moved to grant a preliminary approval for subdivision of Russian Creed Subdivision, Tract N. John Pugh seconded. MOtion failed 2 to 4 with Phil Anderson, Dan Busch, Tom Logan and Bill Williams casting NO votes. Dan Busch moved to amend the original motion to stipulate as Mr. Muliatlo stated in his report: (1) topographical map be submitted ;by the developer, (2) soil report by Alaska Registered Professional Engineer and (3) final report by the environ- mental engineer. Mr. Logan seconded. Motion carried by unanimous roll call vote. 2. Tom Healey-USS 3099, Lot 23A. Following the zoning administrator's report, Phil Anderson moved to approve the preliminary of USS 3099, Lot 23A with the following stipulations: (1) subdivider comply with all the minimum improvements as set forth in Section 16.24.020 and Section 16.20.050 (c) of theKIB code and (2) actual road be built to other properties rather than a road access as shown on the plat. Mr. Erwin seconded. Motion passed 5-1 with Mr. Erwin casting a NO vote. B. Final 1. Fred Greer -Bells Flats Alaska Subdivision Block 3, Lot 2. Phil Anderson r moved to approve Mr. Greer's subdivision Block 3, Lot 2, Bells Flats Alask Subdivision. Dan Busch seconded. Motion passed by unanimous roll call vote. Dan Busch moved to amend the motion to stipulate that the lot size will be subject to review by the state sanitarian. Mr. Anderson seconded. Motion passed by unanimous roll call vote. 2. Wm. J. Glynn-USS 1678, Portion of Tract B, Lots 4, 5, 6, 7, 8 S 9. John Pugh moved to approve the final subdivision of USS 1678, Portion of Tract B, motion to stipulate that the Borough Engineer inspect the road after completion KIBS272971 F. P & Z COMMISSION MEETING - May 18, 1977 Page 2 before final plat is approved. Mr. Anderson seconded. Amended motion passed by unanimous roll call vote. Original motion passed by unanimous roll call vote. 3. Shorb & Hope -Bells Flats Alaska Subdivision, Block 6, Lot 2. Mr. Pugh moved to approve the final subdivision of Shorb & Hope, Bells Flats Alaska Subdivision, Block 6, Lot 2. Mr. Anderson seconded. Mr. Pugh moved to amend the motion to stipulate approval at the time each lot corner has been monumented or original monument has been recovered. Mr. Busch seconded. r— Amended motion passed by unanimous roll call vote. Basic motion carried by unanimous roll call vote. 4. James Schauf, Miller Point Subdivision, First Addition, Block 1, Lot 3. Staff report given by Zoning Administrator. Mr. Busch moved to approve subdivision final for James SChauf, Miller Point Subdivison, First Addition, Block 1, Lot 3. Mr. Anderson seconded. Motion passed by unanimous roll call vote. C. Vacation & Replat - Portion of Cedar Street (Alan Austerman) . Mr. Busch moved to table this request and return to the City Council for clarification; it was stated that vacation cannot be granted with a stipulation. Mr. Anderson seconded. Motion passed by unanimous roll call vote. VI ZONING A. Rezoning 1. Craig Bishop - R-3 to Business Kodiak Townsite Subdivision, Block 3, Lot 11, Mr. Pugh moved to recommend rezoning from R-3 to Business Kodiak Townsite Subdivision Block 3, Lot 11. Mr. Anderson seconded. Motion passed by unanimous roll call vote. 2. Mary Gallagher - Unclassified to R-3 Monashka Subdivision, Block 5, Lots 11 & 12. Mr. Busch moved to hold a public hearing on Mary Gallagher's request from Unclassified to R-3 Monashka Subdivision Block 5, Lots 11 & 12. Mr. Anderson seconded. Mr. Mulitalo added to Mr. Busch's motion that the area in question is approximately 1.48 acres. Motion failed 3 - 3 with Mr. Erwin, Mr. Logan and Mr. Pugh casting NO votes. 3. Steven T. & Catherine D. Olsen, Unclassifed to R-1 Woodland Acres Block 3, Lots 1 & 2. Mr. Pugh moved to hold a public hearing on Steven T. and Catherine D. Olsen, Unclassified to R-1 woodland Acres Block 3, Lots 1 & 2. Mr. Logan seconded. Mr. Mulitalo stated that Mrs. Olsen had withdrawn the request. Point of order to retract the motion. 4. Lloyd Sharratt, Unclassified to Business Block 1, Lot 4. Mr. Busch moved to hold a public hearing on Lloyd Sharratt's request to rezone from Unclassified to Business Block 1, Lot 4, Miller Point Subdivision. Mr. Pugh seconded. Motion passed 4 - 2 with Mr. Erwin and Mr. Logan casting NO notes. 5. Island Lake Property owners (Zimmer) Unclassified to Business Portions of USS 3218 and USS 3463. Mr. Pugh moved to hold a public hearing to rezone from unclassified to business portions of USS 3218 and USS 3463. Mr. Logan seconded. Mr. Mulitalo commented that the property in querstion is approximately 53 acres. Motion passed 5 - 1 with Mr. Erwin casting a NO vote, B. Variances 1. Request for setback variance Aleutian Subdivision Block 6, Lot 7 (Marty Barbero). Mr. Busch moved to grant setback variance Aleutian Subdivision Block 6, Lot 7 (Marty Barbero). Mr. Logan seconded. Motion passed by unanimous roll call vote. 2. Request for lot size variance- Greg Moo - USS 3219, Block 3, Lot 4. Mr. Pugh moved to grant request for lot size variance, Greg Moo, USS 3219, Block 3, Lot 4 to build a storage shed. Mr. Erwin seconded. Mr. Logan moved to amend the motion not to grant the variance if it is to be used for other than personal use. Amended motion was withdrawn. Original motion passed by unanimous roll call vote. KIBS272972 :OLIAK PLAii INC AidD ZONING C012-HISSION 1'TETING Hay 16, 1977 KO IAK ISL AD BOROUGH VI. Z0113I14G #" B. Variances 3. Request for lot size and setback -Pick %ossen-,A-leutian Subdi- vision, Block 13, Lots 29 and 33. Jok.n Pugh roved to grant a lot size variance to Aleutian Subdivision Block 13, Lot 29 and lot size and setback variance to Aleutian Subdivision Block 13, Lot 33. i1r. Dusc;a seconded the notion. Potion Passed 5-1, with i r. Logan castinE- the 1210 vote. 4. Request for Exception-Massey-Aorth, Inc., Fussell Estates, i'hird Addition, Portion of USS 1396, Block 2, Lots 16, 17, lII, 19, 20, 21, an.' 22. Dan Busch made the motion to hold a public hearing on i-iassey-North, Inc., request for an exception Russell Estates, Third Addition, Portion of USS 1396, Block 2, Lots 16, 17, lo, 19, 20, 21, and 22. Phil Anderson seconded the motion. Motion passed unanimous roll call vote. Ow- KIBS272973 r. P & Z COMMISSION MEETING -May 18, 1977 Page 3 5. Request for lot size and setback variance Aleutian Subdivision Block 10, Lot 18, (L. J. Kavanaugh). Mr. Anderson moved to grant the request for lot size and setback variance Aleutian Subdivision Block 10, Lot 18, (L. J. Kavanaugh). Mr. Pugh seconded. Motion passed by unanimous roll call vote. VII PUBLIC HEARINGS A. Kavanaugh, Pederson, S. Graber & L. Graber, Portions of Block 8, 12 & 13, ~ Aleutian Subdivision request. to rezone from R-1 to Business. Mr. Anderson moved to open public hearing on Kavanaugh, Pederson, Graber and Graber- Aleutian Subdivision, Portions of Blocks 8, 12 & 13. Mr. Busch seconded. Mr. Mulitalo stated in his report that the request (1) constitutes spot zoning, (2) is not in line with the objective of the comprehensive plan, and (3) the proposed land useage is not consistant with the surrounding land use. The Chairman closed the regular meeting and opened the public hearing on behalf of the petitioner's request. Petitioners were not present. Chairman asked if there was anyone present who would like to speak in favor of the request. No response. Chairman Williams asked for testimony from those opposed to rezoning. Dave Geddes - lives within 300 feet; is opposed. Reason -spot zoning. Patrick Holmes - does not live in area. is opposed. Patricia Harris - statement read into the minutes by Mr. Williams. Opposed. Public hearing closed; meeting opened. Mr. Mulitalo stated the rezoning does not meeti with the objective of the comprehensive plan. Mr. Anderson stated he was in agreement with Mr. Geddes regarding spot zoning; also, due to topography there would not be adequate parking space and the road -right-of-way at the present time is inadequate for any expansion to widen the street to accommodate more traffic. Mr. Williams stated that when rezoning a person may build to within 30 feet of the center line of the road. When rezoning the commission cannot make any stipulations. Mr. Busch moved to rezone R-1 to business as requested by Kavanaugh, Pederson, Graber & Graber, Portions of Blocks 8, 12 & 13, Aleutian Subdivision. Seconded by Mr. Anderson. Motion failed 1 - 5 with Mr. Anderson Mr. Busch, Mr. Erwin, Mr. Logan and Mr. Williams casting NO votes. B. R-1 and R-2 Consolidated Zoning. Mr. Anderson moved to open for public hearing R-1 and R-2 Consolidated Zoning. Mr. Pugh seconded. Mr. Milligan stated there was no staff report and that the Assembly had directed the P & Z Commission to hold a public hearing to obtain information, then report with a recommendation. Mr. Williams gave a brief background on R-1 - R-2 Consolidated zoning stating the nature of this particular zoning could be in developing a new zoning category that could be applied to areas or districts of Kodiak environment. Public comment welcomed. Mr. Williams closed the meeting and opened the public hearing. Patrick Holmes - Asked if this public hearing had been advertized. Mr. Williams stated that it was advertized as required for a public hearing. Mr. Holmes stated that this concept, if it applies, should be applied on a limited basis and reviewed block by block at the request of the people within that block. It should not be a blanket applied concept. Mr. Williams clarified the R-1 - R-2 consolidated zoning pointing out that if any areas would go into it, there would be a public hearing. Carol Lechner - Stated she was not prepared to give her reasong for opposing R-1 - R-2 consolidated zoning. As there was no one to speak in behalf of the rezoning, Mr. Williams closed the public hearing and opened the meeting. Mr. Anderson moved to continue the public hearing for R-1 - R-2 consolidated zoning. Vir. Pugh seconded. The commissioners asked for more advertising. Mr. Milligan stated the staff will attempt to use the various media available to inform the public of the continuation KIBS272974 r"�, ",ON Page 4 P 6 Z COMMISSION MEETING lay 18, 1977 g of the public hearing on R-1 - R-2 consolidated zoning. Also, written comments would be welcomed. Mr. Williams stated Kodiak is experiencing "below zero" vacancy. The growth rate is one of the best in the nation; although out com- munity is small, our growth rate is better than 3 percent per year. There is the possibility of some influx due OCS and the impact of the 200 mile limit. He feels we could make available some areas to increase the density a bit more. OUr road system is limited; the land is limited. People will necessarily have to fit into that capability. There is not outward plan to increase the road structure by any great margin in the near future. There is also the matter of economics of r- building closts being out of sight. Financing availability is greater on duplex units over single family units. R-1 - R-2 consolidatee zoning will not be a blanket type. It will probably evolve as a new category hypothetically, R-2A, single or duplex dwelling in an area. Art Zimmer asked if R-1 - R-2 would be regulated lot size according to the ordinance and how one could determine when to build a duplex. Mr. Williams stated public input on this would be welcome. Certain square footage would have a bearing on it. The square footage of the lot would determine whether or not one would build a single or duplex unit. Mr. Zimmer stated he feels higher density building would be desirable. Motion passed by unanimous roll call vote. VIII OLD BUSINESS None IX STAFF ITEMS A. Planning & Zoning Commission Report - information only. B. Monthly Activities Report for April, 1977. In reply to a question from .MR. Anderson, Mr. Mulitalo said the basis for evalutaion for trailers is the tax assess- ment. A trailer on a private lot is assessed a straight amount of $3,000 for a pad so that amount is taken by the building inspector and used as the basis for writing up a building fee for trailers regardless of location or size of lot. Mr. +'— Pugh commented this was a good report. Mr. Busch asked what are ARnold Hansen's intention regarding his sawmill. Mr. 'J-,jilliams asked the zoning admin- istrator if he reviewed the leases the borough has of their conformance with borough, state and federal standards. Mr. Mulitalo stated this fell under the jurisdiction of the borough manager. ;Mr. Williams feels all lease agreements should be reviewed to insure they comply with all laws. X COMMISSIONERS' COMMENTS Mr. Williams - none Mr. Anderson - none Mr. Ball - none KIBS272975 Mr. Busch - Requested the commission get together with the City Council to discuss R-1 - R-2 consolidated zoning. Mr. Milligan will set up the meeting. Mr. Erwin - None Mr. Logan - (1) Stated the Commission had been requested to review Chapter 18 on sale and lease of borough land and submit a recommendation to the Assembly. r— At the present time Chapter 18 is in the hands of the attorney and will be for two to three weeks for study; (2) What is being done with regard to other business in the area of Hansen's sawmill? Mr. Mulitalo is checking into the businesses as to whether or not they are active and will report to the Assembly at their next meeting; (3) with regard to subdivisions, would like to have a report in each file folder from the sanitarian on the lot size to see if he agrees with it. Mr. Pugh - none P & Z COMMISSION MEETING - MAY 18, 1977 Page 5 XI AUDIENCE COMMENTS - None Mr. tVilliams set up a work session at 7:30 p.m., June 25, 1977 to be held in the borough conference room. XII ADJOURNMENT .� Chairman Williams adjourned the meeting at 9:07 p.m. APPROVED: SUBMITTED: t ,' i KIBS272976