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1977-08-17 Regular MeetingKODIAK PLANNING AND ZONING COnJ1ISSION MEETING AUGUST 17, 1977 "MMUC MIi • ; -tw, Planning and Zoning Commission Meeting was called to order by Chairman Mr. Bill Williams at 7:45 p.m. in the Borough Assembly Meeting Room. II. ROLL CALL Present Mr. Ron Ball Mr. Dan Busch Mr. Tom Logan Mr. John Pugh Mr. Bill Williams Mr. Phil Anderson Mr. Gene Erwin 11 III. MINUTIES OF PREVIOUS MEETINGS P & Z June 15, 1977; P & Z June 29, 1977 - Special Meeting, Minutes of this meeting are being questioned; P & Z July 20, 1977; P & Z July 27, 1977 - Special Meeting. of the minutes IV. OLD BUSINESS - None V. SUBDIVISIONS A. Preliminary - None B. Final: 1. Lots 39--40 USS 562, Sunset Development Company. Mr. Mulitalo stated that on March 16, 1977, the Commission approved the vacation of a utility easement on Lot 39, Block 2, Erskine Subdivision USS 562 and Tract A USS 2537 B with a stipulation that 1) the developer provide an alternative easement, and 2) that the developer be responsible for all relocation costs incurred by the Glacier State Telephone Company utility. In a letter dated June 6, 1977, the developer agreed to the above stipulations. Mr. Busch moved to approve the utility easement replat submitted by Sunset I]evelonment for Lots 49-- 0 USS 5 2. Mr. Anderson seconded the motion. 2. A replat of new and vacated utility easements in a portion of Block 10, Erskine Subdivision and Block 8, Aleutian Homes, Inc. Subdivision - U.S. General Services Administration. Mr. Milligan reported that the property involved is the site of the new Post Office. There are a number of requests for the vacation of existing easements and the creation of new easements necessary to support this development. This came before the Commission early in 1977. This replat will satisfy all utility system requirements. Mr. Puah moved to accept the replat showing new and vacated easements with th VI. REZONING APPLICATIONS KIBS273000 A. Lots 6 & 7, Block 1, Southeast Addition (Wolkoff and White) from R-1 to R-2. Mr. Milligan advised the Commission that this petition for rezoning was initiated by the Borough Assembly at the time that they rezoned the GallagheP property. There are two parcels of property between the Gallagher property and the land to the east that were not included in the original petition. Mr. Busch moved to rezone Lots 6 & 7 Block 1 Southeast Addition (Wolkoff and White from R--1 to R--2. Mr. Lo seconded the motion. Motion a s:ed to -1with Mr. Pugh casting the NO vote. Mr. Logan commented that LOt 6 & 7 are more or less spot zoning in reverse. KODIAK PLANNING AND ZONING COMMISSION MEETING AUGUST 17, 1977 F 11 VI. REZONING APPLICATIONS (Continued) E B. Monashka Creek Watershed - 3,560 acres from Conservation to Watershed (Kodiak Island Borough). Mr. Anderson moved the change from Conservation to Water- report by Mr. Milligan reported that the first step in attempting to classify any lands within the Kodiak Island Borough to Watershed classification required an amendment to the zoning ordinance. This was done by the Borough Assembly in June. Discussion followed between the Commission and the Borough Assembly on picking certain lands within the Borough to have this classification imposed upon. A map prepared by the City Engineer and legal description of the actuaa. drainage basin of the Monashka Creek watershed were presented to the Commissipn. Motion carried by unanimous roll call vote. C. Lots 35, 38, 39, 40, 41, and 44-53, Block 12, Aleutian Homes Subdivision; Lots 17, A, 20, 22, 23, Block 13, Aleutian Homes Subdivision - Samuel Graber; Lots 16 and 19, Block 13, Aleutian Homes Subdivision - William D. Weber; Lot 26, Block 13, Aleutian Homes Subdivision - Judith R. Taton from R-1 and R,2 to R-3. Mr. Mulitalo reported that Mr. Graber has presented to us a develop- ment plan to construct 32 apartment units this year as the first phase of a three-phase project. Mr. Graber and Forest Investment Company are coordinating D. Rezone Lot 8, Block 4, USS 1396 from R--3 to R-2 (Dennis Huey). to rezone fr= R-3 to R-2 Lot 8. Block 4 USS 1396 without a Da E. Rezone Lot 7, Block 4 USS 1396 from R-3 to R-2 (August Heitman). moved to recommend to the Borough Assembiv to rezone Lot 7 B106 F. Lot 6, Block 4, Baranof Heights from R-2 to R-3 (Gudenau and Company). Mr. Mulitalo stated that Mr. Gudenau is re -submitting his application for rezoning and wants to build a 4--plex. This property was considered for rezoning in February of 1977. The Borough Assembly on May 5, 1977, denied the P & Z recommendation. Mr. Ball moved to rezone Lot 6, Block 4, Baranof Discussion followed with Mr. Logan commienting that the property in is surrounded primarily by R 1. Motion failed with 4 NO and 3 YES. 0 votes were Mr. Anderson, Mr. Erwin, Mr. Logan and Mr. Williams. made the motion to send to the Borough Assemblv Mr. Gudenau's VII. PUBLIC HEARING KIBS273001 A. Lots 10 & 11, Block 35, East Addition, front yard setback variance of 12' (William Bulen). Mr. Mulitalo presented the staff report. Mr. Bulen is requesting a front yard setback variance of 131. Seventy-five percent of the homes on Block 35 have an average front yard setback of 161. Mr. Bulen does not qualify under Section 17.45.030 of the zoning code. Petitioner contends that the house will be undesirable from an esthetic point of view, based on present requirements. Also, the petitioner's application does not meet all four conditions set forth in Section 17.66.090 B. of the Code of Ordinances. Staff recaawnds this request for a 13' variance be denied. The Chairman closed the regular meeting and opened the public hearing. Mrs. Springhill: Received a notice. She did not come forward and could not be heard on the tape. Chairman Williams reminded the audience to come forward so they can be heard. Mrs. Cross: Only concern is the view. Mr. Bulen: Assured Mrs. Cross that he will abide by the deed covenant regard q height position. Also, in response to Chairman Williams' question, the average setback in that area is 161. Public hearing closed and regular KODIAK PLANNING AND ZONING CODtaSSION MEETING AUGUST 17, 1977 Page 3 VII. PUBLIC HEARING (Continued) A. Lots 10 & 11 Block 35 East Addition (William Bulen) - Continued meeting opened. The Chairman made two comments: 1) If we are taking the average setback of houses on this street and using this as a criteria, we are looking for orderly development - esthetic approval. 2) The intent of the Code was for uniformity. Also, the bank in front of Mr. Bulen's home is for a retaining wall. Mr. Logan moved to approve a setback variance of 12' for Lots 10 and 11. Block 45_ East Addition William Rilan _ Mn A)oh sPnneli i FB. Portion of Lot 12, Kodiak Townsite. Request for approval of a Home Occupation, Lynda Shepard. Mr. M.LUtalo stated that Mrs. Shepard plans to conduct a thrift shop in her home. In reviewing the request, the following observation$ are to be noted: 1) The Lot is only 3300 square feet, 2) There is no access road to the property, and 3) The proposed business will bring traffic, and parking is a problem. Staff recomrends the Commission deny the request. The Chairman closed the regular meeting and opened the public hearing. Lynda Shepard: Letter had been received from ASHA noting that requested access Is dedicated for public use. Mrs. Shepard stated that parking on Brooklyn Terrace is for public use. There would be no employees hired for the Thrift Shop. Rob Shepard: Only access to the property is stairs on the Springhill property. Plans are to build stairway on ASHA property. Does not see parking a problem, Feels there is a need for a Thrift Shop in Kodiak. Mrs. Betty Springhill: Opposed. Has property adjacent to Shepards'. Parking will be a problem. Mrs. Springhill stated that the front half of their lot is zoned Business Commercial and back half is zoned R-3. Only objection is multiple parking problem. Hazel Ardinger: Not really opposed. Owns the lot above and to the back. Only concern is fire, as buildings are close in proximity. Public hearing closed and regular meeting opened. Mr. Pugh moved to approve the request for a home occupations for a nortion of Lot 12_ Kndiak Tnwneite rollowea. Mr. eugn stated portions of Chapter 17 of the KIB Code be read intq the record. Also suggested the Commission contact the City Manager regarding-.: parking in Berg Motors' area. Mr. Mulitalo stated that the application does not cone under Home Occupations, rather, under Section 17 Item D. Motion failed 4-3 with Mr. Anderson, Mr. Ball Mr. Ervin, and Mr. Williams castin C. Rezone Lots 27 A and B, USS 3098 from Unclassified to Business (Craig Bishop). Mr. Milligan stated that the request for rezoning is from Unclassified to Business. The petitioner owns 1.24 acres contained within two lots located on Mill Bay Road outside the City limits. The property is adjacent to the City of Kodiak's Public Works Shop. The property has Service Recreational zoning abutting to the rear, East Elementary, and Business zoning classification which is the City Shop. It has mixed residential uses located: across the street from the airport. Immediately adjacent from south side of the street is Residential zoning. Mr. Milligan stated that the case is being presented as an adjustment to an existing zoning district boundary. A devel- opment plan was presented to the Commission. The Chairman opened the public hearing. KIBS273002 Mr. Craig Bishop: Stated his intention is to build a two-story building as outlined in the submitted plan. Buildings will be setback more than the required distance. Opposed: None. r Mr. Busch moved to rezone Lots 27A & B, USS 3098 from Unclassified t Business I Craig Bishop). Mr. Anderson seconded the motion. Motion passed to 1 with': Mr. Logan casting the NO vote. D. Rezone Lot 10, Kodiak Townsite from R-3 to Business (Dave Bean). Mr. Mulitalo stated that the property is adjacent to Lot 11 which was recently rezoned from R-3 to Business. The majority of businesses in surrounding areas are zoned Business. Staff recommends the property be rezoned to Business. The Chair- man opened the public hearing. KODIAK PLANNING AND ZONING COMMISSION MEETING AUGUST 17, 1977 ia VII. PUBLIC HEARING (Continued) Page 4 D. Rezone Lot 10 Kodiak Townsite, R-3 to Business (Dave Bean) -- Continued. Mr. Bean: Stated he plans to build a two-story dwelling with an apartment and garage . Opposed: None. to the that they rezone Lot 10 E. Variance - parking, Lots 2 & 3 New Kodiak Townsite (Leroy Mayberry). Mr. Milligan gave the staff report and stated that the petitioner is requesting a variance from the requirements of Section 17-57.010 B 11 of the Kodiak Island Borough Code of Ordinances which requires that hotels provide parking at the ratio of one space for every three rooms. The request for parking is at the ratio of one space per six rooms. The devel- oper is proposing to construct a motel on the property that will have banquet facilities, restaurant, bar, barber shop, and hotel guest rooms. The four conditions required for variance have been mt. Chairman Williams closed the regular meting and opened the public hearing. Mr. Greg Jones of Simpson Usher Jones, Inc., speaking in behalf of the proposal, presented a brief summary. Site plans and floor plans were presented, showing 67 guest rooms. This project is in the downtown area. There is little driving traffic to and from the city by visitors who, for the most part, fly in. This reduces the need for parking at a hotel. Elizabeth Springhill •- Opposed. Lack of parking in this area is serious. Robert Shepard - Opposed. Lack of parking. Hazel Ardinger - Concerned over height of the building. Chairman Williams replied that the building is legal under the present zoning code. Don Baker--- stated that he is not opposed to developmwnt, although he is concerned with parking and circulating traffic. Chairman Williams clarified that the present property is NOT legally tied up for parking at this time. Mr. Ball moved that the P & Z Commdssion1 approve the variance from one (1) space per three -i west rooms to one space ner six west rooms on u..ivai •vim-�rvi.u. iu vE-,oiy ua i,v.iNcu .0 af'j way. vv .. aav w�. �a u Kodiak with parking spaces available; stated that they are not consistent with the code. He also stated that Mr. Mayberry cons closer to consistency with the needs of the community than any other business. Chairman Williams pointed out that the businesses mentioned may well be nonconforming uses in accordance with our present zoning code. Mr. Ball was excused from the meeting. VIII. OTHER - None IX. INFORMATION AND REPORTS A. INFORMATION 1. Other meeting minutes July 7, 1977 2. Communications - None 1. Chairman's Report 2. Staff Reports KIBS273003 A. Borough Manager Status report of Kodiak Island Borough Planning Programs. Mr. Denslow stated that last year a work plan format was presented and adopted by the Commission for the accomplishment of the New r 11 r KODIAK PLANNING AND ZONING COMMISSION MEETING AUGUST 17, 1977 Page 5 IX. INFURIATION AND REPORTS (Continued) A. Borough Manager (Continued) Regional Development Plan and strategy. A report of the work in progress was to be made periodically. Scheduling review by the Commission and Assembly would be required. Mr. Denslow waid that the Commission should be aware of a scheduling deadline. Mr. Denslow presented two proposals to the Commission: 1) The Commission consider holding their regular meeting each month to exercise zoning duties, plus holding special meetings during the months of September, October. amd November, with matters relating only to the Comprehensive Plan; and 2) Relates to the process of revising the zoning ordinance subdivision regulations and preparing Capital Improvement Program. The Planning Director will take sketch plans to all villages sometime in September for review. Mr. Logan made the motion to recommend to the Borough Assembly the adoption of the man and master Dlan as presented by the Borough Mr. Denslow suggested setting up a schedule consistent with the villages' and Commission requirements. Mr. Williams comrented that the dates set up will be the first Monday of September, October, and November, allowing the second Wednesday for problems that may arise concerning the schedule. The third Wednesday is the scheduled regular P & Z Commission meeting. The fourth Wednesday is open, if needed. B. Planning Director Mr. Milligan requested a short work session following adjournment of the meeting. Mr. Dale Tubbs, formerly with the Alaska Division of Lands, was present. He was hired to assist in reviewing land selections files and bring the files up to date. Planning Department's Monthly Activities Report - None. Mr. Milligan addressed the Commission regarding the request for a variance for Robert King. During the hearing the Commission granted a request with two conditions: 1) Mr. King obtain a conveyance of DroDerty case n or an easement use of that land. The minutes need to be ciariI-lea. it tney are an accurate reflection, conveyance is probably not feasible at this time. The land is encumbered by KEA to the National Rural Electrification Agency in Washington for purposes of funding irrprovements under REA loans KEA has received. Tb remove that property from one of those loan encumbrances would take some time. The variance Mr. King was granted will obviously expire long before it could be accomplished. Mr. Milligan asked the Commission to refrain from the adoption of the minutes. He also asked the Commission to come to the office to review the tapes. Mr. Logan saved to accept the minutes as Dresented with the exception of the June 29 minutes' X. COMMISSIONERS' COMMENTS KIBS273004 KODIAK PLANNING AND ZONING COPMnISSION MEETING AUGUST 17, 1977 Page 6 XI. AUDIENCE COMMENTS A. Ivan Widom, not really speaking for the City of Kodiak, commented on two items: 1 The Comprehensive Plan will bring a lot of input from the community; and 2) Parking. Chairman Williams stated that the Planning Commission has a subcommittee presently doing a study on parking in the Greater Kodiak Area. B. Don Baker presented a petition with twenty-eight signatures from property owners and/or residents of property fronting on Larch Street, petitioning the KIB Planning & Zoning Commission, the Borough Assembly, and the Kodiak City Council members to act to restrict development In Russell Estates, 2nd Addition, Block 1, 2, and 3 to a maximum density not to exceed that allowed under the provisions of R-2 zoning. C. Mr. King inquired about the variance. Mr. Williams replied that clarifi- cation will be coming upon listening to the tapes. XII. ADJOURNMENT 12:15 a.m. APPROVED r _..___CHAIRMAN a11 TAR}' r KIBS273005