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1977-04-20 Regular MeetingPLANNING & ZONING COMMISSION MEETING KODIAK ISLAND BOROUGH IV VI CALL TO ORDER April 20, 1977 Planning & Zoning Meeting was called to order by Chairman Bill Williams at 7:38 P.M. in the Borough Meeting Room. ROLL CALL Present Absent Phil Anderson Ron Ball Dan Busch Gene Erwin Tom Logan John Pugh Bill Williams Chairman Williams introduced Phil Anderson and Tom Logan, as new members of P & Z Commission, to the audience of approximately 57 people. MINUTES OF PREVIOUS MEETING Mr. Ball moved to approve the minutes as amended, secondeby Mr. Busch. d_ Motion carried by unanimous voice vote. MINUTES OF OTHER MEETINGS A. Assembly - Regular - April 7, 1977. No comment. COMMUNICATIONS AND CORRESPONDENCE A. Letter, dated April 4, 1977, from Pat Holmes, regarding P & Z Review of Title 17, was noted and read into the minutes by Chairman y,Jilliams. B. Letter, dated March 8, 1977, from Louis G. Schneider, regarding Arnold T. Hansen Sawmill, was noted and read into the minutes by Chairman Williams. SUBDIVISIONS, PRELIMINARY A. Subdivision of Lot 2, Block 3, Bells Flats AK Subdivision (Fred A. Greer) . Mr. Anderson made the motion to grant a preliminary approval for subdivision_ of Lot 2, Block 3, Bells Flats AK Subdivision. Mr. Ball seconded. Mr. Erwin moved to amend the original motion to include Items 1 through 5 as set out by the Borough Engineer: (1) Vicinity map not provided - _Section 16.16.010, (2) Lot lines are not at right angles to straight street lines nor radial to - cortinn is 9n nqn R (41 nn nffininl 16.16.020 B, (4) no monuments set - Section 16.16.02 E sizes are subject to State Sanitarian review - Section 16.20.050 E. Seconded bv Mr. Pugh. I'Aotion carried by unanimous roll call vote. The_. amended original_. motion carried by unanimous roll call vote. B. Subdivision of Lots 4, 5, 6, 7, 8 & 9, Tract B, USS 1678 (William J. Glynn). Mr. Pugh moved to approve the subdivision of Lots 4, 5, 6, 7, 8 & 9, Tract_B USS 1678 with the stipulation that the road be put in. Motion seconded by_Mr.. Erwin. Motion carried by unanimous roll call vote. VII SUBDIVISION, FINAL KIBS272965 A. Subdivision of Lot 3, Block 1, Bells Flats AK Subdivision (Ashford & Anderson) . Mr. Busch made the motion to approve the subdivision of Lo PLANNING & ZONING COMMISSION MEETING - April 20, 1977 Page 2 road and approved by the Borough Engineer. Mr. _Pugh seconded__ Motion_ passed with k4r. Anderson abstaining. B Subdivision of Lots 1, 2, & 3, Tract B USS 1678 (William J. Glynn). Mr. Pugh. moved to approve the subdivision of Lots 1, 2,._& 3, Tract B USS 1678 with the stipulation the road conform with the Borough Engineer's recommendation. Mr. Erwin seconded. Motion carried with unanimous roll call vote. 7111 ZONING ITEMS A. Request for Lot Size Variance of Lot 6, Block 1, Leite Addition, )Vito Kalcic). Mr. Anderson moved to grant the lot size variance of Lot 6, Block 1, Leite. Addition. Mr. Pugh seconded. lJlotion carried by unanimous roll call vote. B. Request for Lot Size Variance of Lot 23, Bllock 2, Island Lake Subdivision Kodiak AK USS 3219 (Michael C. Brechan) . Mr. Ball moved to grant lot size variance of Lot 23, Block 2, Island Lake Subdivision Kodiak AK USS 3219. Mr. Anderson seconded. Motion passed with unanimous roll call vote. C. Request for Lot Size Variance of Lot 6, Block 1, Aleutian Homes Subdiv- ision (James C. Todd). Mr. Pugh moved to grant lot size variance of Lot 61 Block 1, Aleutian Homes Subdivision. 1141r. Busch seconded.__Motion passed with unanimous roll call vote. D. Request for Setback Variance Lot 3B, Block 35, East Addition (Richard A. Rohrer). Mr. Busch moved to grant setback variance of Lot 313, Block 35, East Addition. Mr. Anderson seconded. Motion passed with uanimous roll. call vote. r- E. Request for an Exception to Conduct a School on Lots 1, 2, & 3, Block 2, Holland Acres Subdivision (Kodiak Christian School, Art Zimmer) . Chairman Williams read a letter from Mr. Zimmer into the minutes. Mr. Busch moved to grant the exception without holding a public hearing for Lots 1, 2, & 3, Block_2 Holland Acres Subdivision. Mr. Logan seconded. Motion passed with unanimous_ roll call vote. F. Request for Setback Variance Lot 13 A, USS 3100 (Fred A. Odgen, Sr.). Chairman Williams read a letter from Mr. Ogden into the minutes. Mr. Ball moved to grant setback variance of Lot 13A, USS 3100. Mr. Busch seconded. Motion passed with unanimous roll call vote_._ G. Request for Vacation of Portion of 8th Street (City of Kodiak-Saupe & Anderson) . Mr. Pugh moved to re -introduce the request for vacation of portion of 8th Street. Mr. Busch seconded. Motion passed with unanimous roll call vote. Chairman Williams stated that the vacation must be in accordance with standard zoning procedures. Mr. Ball moved to grant request for vacation of a portion of 8th Street, requested by__the City of Kodiak - Saupe & Anderson.: Mr. Pugh seconded. Motion passed with unanimous roll call vote H. Request for an Exception on Lot 2, Block 7, Miller Point Subdivision (Arnold T. Hansen). Chairman Williams read a letter from °Ar. Hansen. Mr. i` Ball moved to grant the exception for one (1) year.on recommendation of Zoning Administrator, Mr. Mulitalo. Seconded by Mr. Anderson. Mr. PAulitalo_ explained that it was not possible to grant the land use permit; the Borough Attorney's opinion is that neither an exception nor special use permit may be granted without rezoning the area or amending the Code to include this particular usage. Motion failed with Mr. Logan casting one YES vote. I. Rezone from R-1 to Business Portions of Block 8, 12, & 13, Aleutian Homes Subdivision (Kavanaugh, Pederson, S. & L. Graber). Mr. Busch moved to hold a public hearing on the request to rezone portions of Blocks 8, 12, & 13 Aleutian Homes Subdivision from R-1 to Business: KIBS272966 PLANNING & ZONING COMMISSION MEETING - April 20, 1977 Page 3 S. T. Kavanaug2-Lots 36- & 37,-Block 12, Aleutian Homes Subd. Hans R. Pederson -Lot 19, Block 8, Aleutian Homes Subd. Sam Graber-lots 38, 39, 40, 41, 44, 45, 46, 47, 48; 49 50, 51, 52, 53 Block 12 & Lots 17 18 20 22 23, Block 13, Aleutian Homes Subd. Lawrence Graber-Lot 17, Block 8, Aleutian Homes Subd. Mr. Ball seconded the motion. Motion passed with -unanimous roll_ call vote. r J. Request to Rezone from Conservation to R-3 a Portion of U. S. Survey 1682 (L. L. Russell). (A) A letter from Mr. Russell was read by Chairman Williams to amend the previous request to rezone from Conservation to R-3 Portion of USS 1682. (B) A letter dated April 18, 1977, requesting permis- sion to rezone to R-2 Easterly Portion of Portion of USS 1682. Mr. Logan moved_ to recommend to the Borough Assembly to approve Easterly ortion of Portion of USS 1682 to R-2 in accordance with the Comprehensive Plan as stated in Mr... Russell's letter of request._ Mr. Anderson seconded. Mr. Mulitalo was reauested to relate to Mr. Russell that he must have an outline of his requirements to be presented to the Borough Assembly. Motion passed by unanimous roll call vote. A third letter from Mr. Russell was read into the minutes requesting an easement approximately 300 feet from the city limit drive running parallel to it in a northwesterly direction in front of the pad of the Kodiak Western hangar, to be done at .Mr. Russell's expense upon the approval of the P & Z Commission. Mr. Ball moved that the P & Z, having no objection to Mr. Russell construc Lf2 -this, make a favorable recommendation to the Borough Assembly. Mr. Logan seconded_. Motion passed with unanimous roll call vote. K. Request to Rezone to Residential Unclassified a Portion of USS 1671, Spruce Island AK (Edward N. Opheim) . A letter from Mr. Opheim dated April 16, 1977 requesting a zoning change from Conservation to Unclassified Residential a portion of USS 1671, 56.4 acres. The purpose of this change is to conform to the borough planning regulation to allow a small tract subdivision with lots varying in size from 1 to 4 acres. Mr. Pugh moved to rezone from Conservatioi to Unclassified Residential 56.4 acres of USS 1671, the westerly most portion thereof._ Mr. Anderson seconded. Motion passed by unanimous roll call vote.. IX PUBLIC HEARINGS A. Rezone from Conservation to Business 18.24 Acres, Parcel A, USS 1673 (Gudenau and Co.). Mr. Busch moved to rezone from Conservation to Business 18.24 acres, Parcel A, USS 1673. Mr. Ball seconded. Chairman opened the public hearing and asked if there was anyone in the audience who would like to speak in behalf of the request; no response. Chairman Williams asked if there was anyone who opposed; no response. Public hearing closed and meeting opened. Mr. Gudenau stated he is negotiating with a couple of contractors for developing the area. Motion passed 6 to 1 with Mr. Williams casting one NO vote_._ B. Continuation of public hearing on Request to Rezone from R-1 to R-3 Lots 4, 5, 8 & 9, Block 1, Southeast Addition and Lot 5, Tolbert Subdivision and Lots 10 & 1, Southeast Addition, USS 2910-AB (Russell Gallagher & John Gibbons). Chairman Williams closed the meeting and the continuation of public hearing opened. Those in favor of the motion were asked to come forward: MARY GALLAGHER presented a petition with 205 signatures in favor of the rezoning and the need for housing. TOM GALLAGHER spoke in favor. - KIBS272967 ALFRED REFT spoke in favor. DELORES PADILLA spoke in favor. DON ARNDT spoke in favor. TONY PEREZ spoke in favor. PLANNING & ZONING COMMISSION MEETING - April 20, 1977 Page 4 RUSSELL GALLAGHER spoke in favor of the proposal. Mr. Gallagher presented a display model of the area in question for the benefit of the new commissioners. Mr. Gallagher stated that the plans are available and he has spent considerable sums of money in soil tests, surveys and architectural fees. A copy of a letter was sent to the Chairman in which Russ Gallagher agreed on behalf of the Gallaghers to execute a contract that would legally bind the Gallaghers to build exactly as they said they would build if the zoning were permitted. Included in the contract would be a chain link fence around the area with exception to the parking. Russ Gallagher stated that the city does not own all of the property and they would make the arrangements to use some of their own property to widen the road and perhaps negotiate the purchase of a small portion to widen the road to 25 feet. A copy of the proposed Spruce Street playground -this has been reduced in size. This has been discussed in regard to the access road that the road cuts through the Spruce Street Park. This is the actual design and shows the road that is presently there on the plan showing a fence going around the entire park. Mr. Gallagher asked that this be included as an exhibit. A letter was read from Jan Seibert, Vice President, National Bank of Alaska, indicating that the Gallaghers have asked for financing and the bank is interested in financing projects of this kind in the community, and that they believe this to be a high degree of feasibility. A letter was received from the Coast Guard, Cmdr. Frank Gorden, detailing the drastic need for housing because of the 200-mile limit and the increased needs of the Coast Guard. An excellent study was done with back-up. Mr. Gorden is a real estate expert and did an in-depth study which shows the dractic need for housing. A letter Leon (Ole) Johnson regarding the access road. He signed a deed for Rotary Club in 1950 conveying what is now known as Spruce Street Park to the City of Kodiak. It was not the intention of the Club at that time or thereafter to in any way restrict the use of that road by the residents in the area. Mr. Gallagher also stated that Floyd and Nancy Anderson have written a letter to the P & Z Commission in support of this project. He stated that the project would be of the best quality housing Kodiak would have to offer now and for some time in 7 the future. Mr. Pugh mentioned that previous testimony had brought out that lthe topography of the land is not suited for single family units. Mr. Gallagher agreed stating that the property is a bog area. The soil analysis by Mr. Jones, Consulting Engineer, shows that they would have to spend approximately $40,000.00 or more to properly set up that property for a foundation. The cost makes it almost impossible to develop any other way except for an expensive project. The earlier plans called for a three-story structure; we have reduced it to two-story. This would justify that type of cost. The estimate projected is somewhere between $800,000 and 1.5 million dollars. Upon Mr. Pugh's request a copy of the soil analysis from Rolland A. Jones will be sent to the P & Z Commission. Chairman Williams asked for testimony from those opposed to rezoning. ARVID WHITE, 1210 iJolkoff Lane, Lot 6, Block 1, Southeast Addition, speaking also on behalf of his wife, Anne White. Opposed. CHUCK OLSEN, 1124 Million, Lot lA Pauls Subdivision. Opposed. PAUL ANDERSON, living within 300 feet of the proposed zone. Opposed. VERNA McFARLAND, Lot 4A Tolbert Subdivision. Opposed. KIBS272968 GUY POWELL, Lot 31, Oceanview Subdivision, speaking also on behalf of his wife. Opposed. ED HANEY, Lot 16A Oceanview Subdivision, speaking also on behalf of his wife, opposed. Public hearing closed; meeting opened. A letter from Robert Breckberg, owner owner of property within 300-feet of the proposed reaoning was read. A letter from Floyd & Nancy Anderson stating they they were in favor of the Gallagher rezoning. A letter from Dennis Murray stating he did sign the petition opposing PLANNING & ZONING COMMISSION MEETING - April 20, 1977 Page 5 the rezoning for the following reasons: (1) Present road system will not support the additional traffic. (2) Adjacent area is primarily a single family dwellings and this development would be deviating from this pattern; however, being aware of the critical need for housing, he is withdrawing his objections if assured of certain road improvement, namely: (1) widening of St. Herman Street, and (2) An extension of St. Herman Street to connect with Wolkoff Lane thereby providing access to Mission Road which would provide a flow of traffic and would alleviate the congestion otherwise anticipated. Mr. Pugh stated he would like to withdraw Mr. Gibbons property from the request. He was informed that this was not possible under the circumstances. Mr. Pugh . proposed to amend, if the basic motion is approved, the motion to read that before any development is undertaken, adequate water and sewer and platted_road access be provided. Seconded by h1 r. Erwin. Motion carried by unanimous roll _call_v_o_te_. It was asked if there could be any access from the upper road to the property and if there was a possibility of the City extending Marine Way as an access road. The basic motion carried with Mssrs. Anderson, Busch and Williams casting NO. votes. X OLD BUSINESS A. R-1 - R-2 Zoning. Mr. Ball moved for a public hearing for combining R-1 and R-2 zoning. Seconded by Mr. Pugh. Mr. Williams stated this would be taken up at a work session prior to the next regular meeting. -P.Aotion carried by unanimous roll call vote. B. Borough Zoning of Unzoned Lands to Conservation. Mr. Busch moved_ to zone all unzoned lands of the Kodiak Island Borough to Conservation. Seconded by Mr. Anderson. Mr. Williams read into the minutes a memorandum on this item from Mr. Denslow. I'Aotion carried by unanimous roll call vote. C. Proposed Watershed District Ordinance. Mr. Logan moved to adopt Ordinance 77- -O as prepared by the Borough Attorney for the bVatersh_ed_ District. Mr. Pugh seconded. Motion carried by unanimous roll call vote. XI STAFF ITEMS A. Monthly Report - Zoning Administrator. vir. Busch thanked Mr. Mulitalo for keeping the P & Z Commission up-to-date on all zoning matters and for his comments on matters as relating to the agenda. Mr. Anderson stated that many variances on old properties could be left up to the zoning official and building inspector and need not be taken up on the P & Z agendas. This matter is to be discussed with the Assembly at the joint meeting of April 21, 1977. XII COMMISSIONERS' COMMENTS None XIII AUDIENCE COMMENTS KIBS272969 Verna McFarland, Pat Holmes and Guy Powell voiced a challenge of the vote of Mr. Ball charging conflict of interest. Chairman Williams stated P & Z would seek legal opinion. Mr. Holmes stated L. L. Russell has changed his zoning request; it is within his rights to withdraw a request and submit another reuuest. PLANNING E ZONING COMMLSSION MEETfNG — ApxU 20. 1977 Page 6 XIV ADJOURNMENT .Meeting was adjourned at 10:45 p.m. APPROVED: Cairman �� SUBMITTED: r BorougSecretary Ptanning Secretary ODIAK ISLAND BOROUGH BOX 1246 KODIAK, AK 99615 THIRD CLASS MAIL KIBS272970