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1977-07-20 Regular MeetingKODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION REGULAR MEETING July 20, 1977 KODIAK ISLAND BOROUGH I CALL TO ORDER Chairman Williams called the meeting to order at 7:30 p.m. II ROLL CALL Present Phil Anderson �-- Ron Ball G_ne Erwin Tom Logan John Pu;h Bill Williams, Chairman A quorum was established audience. r III MINUTES Absent Dan Busch, excused Approximately 15 people were in the Consideration of the minutes for June 15, 1977 and June 29, 1977 were deferred to the next meeting due to the work load of the staff. TIr OLD EUSINESS A. Right-of-way Vacation, portion of Kittiwake Street - Lorna Arndt Mr. Mulitalo presented the staff report recommending denial. This item was a continuation of a public hearing. Regular meeting was closed and public hearing opened. Audience comments were as follows: Lorna Arndt stated that she would like to see a 5-day vacate notice s:^ :-d on Mr. Freeman's trailer that was sitting across the road rigz-of-way. la-i s Brisco requested that his letter to the commission be read Into the record. It not only requested the vacation of Kittiwake Street but also referenced the sewage problem of Mr. Dwayne Freeman's trailers. Public hearing was closed and regular meeting reopened. Mr. Logan moved to deny the request for vacation of Kittiwake Street. Mr. ;:all vote. Mr. Logan again moved to request Mr. Mulitalo. Zoning c re B. Resubdivision of portions of USS 1671, Spruce Island, Alaska (Tract A & Sunny Cove Recreation Tract) - Edward Opheim Since Mr. Opheim was not present this item was set aside to later in the meeting to allow for him to be present. V NEW BUSINESS A. Subdivisions 1. Preliminary a. Resubdivison of Lot 4 & 5, Block 2, Bells Flats Alaska Subdivision - Bill Williams. Mr. Mulitalo presented the staff report recommending approval of Preliminary subdivision with the following stipulations: 1. The location of present property and section lines, streets, buildings, lakes, and watercourses be shown on the plat. 2. The proposed location and width of streets, alleys, lots, buildings and set back lines and easements be shown. 3. Title under which the proposed subdivision is to be recorded and the name of the subdivider platting the tract be shown. KIBS272992 COMMISSION MEETING - July 20, 1977 PAGE 2 F F r 4. Names and adjoining boundaries of all adjoining subdivisions and the names of recorded owners of adjoining parcels of unsub- divided land and vicinity sketch at a legible scale be shown. 5. Lots with double frontage should be eliminated. 6. Lot size is subject to the State Sanitarian's approval. 7. Corner lots should have an extra ten foot width. B. Rezoning Application 1. Lot 16, Block 19, Kodiak Townsite (R-2 to R-3) - Huey DeVille. Mr. Mulitalo presented the staff report recommending approval with- out a public hearing. Mr. Anderson moved to rezone lot 16, Block 19 Kodiak Townsite from R-2 to R-3. Motion was seconded. Motion gassed unanimously. 2. Rezone villages of Old Harbor Townsite, Akhiok Townsite, Karluk Townsite, Larsen Bay Townsite and Ouzinkie Townsite (Conservation to R-1) Mr. Milligan reported for the staff. Discussion followed. No plats were available. Some commission members were concerned over the fact that they did.not know the .;cope of the area the rezoning request was encompassing, defined as townsite. The purpose of the rezoning was to assist villages in proceeding with their construction plans for this year. Mr. Rnll moved that this item be set aside till the commission had c C. Public Hearing 1. Front & Side 7^rd Variance - Lot 13, Block 5, Aleutian Homes Subdivision - Robert Blair. Mr. Kulitalo made a staff report stating Mr. Blair is requesting a variance to raise his building making it two stories. Staff recommendation was denial of request. Regular meeting was closed. Public hearing was opened. Audience comments followed: Lucille O'Daniel stated that Mr. Blair's variance request was al- right with her. Public hearing was closed and regular meeting resumed. Mr. moved to rant Mr. Blair a variance for his side yard and f .ard, Lot 13 Block 5 Aleutian Homes Subdivsion. Mr. Logc Rnll na.11 vote was unanimously in favor of same. 2. Front Yard Variance - Lot 20, Block 9, Aleutian Homes Subdivision - Judith Taton Rice. Mrs. Rice was requesting a variance to repair an existing front porch. Staff recommendation was to deny this request. Public hearing was opened. Being that there were no comments from the audience, public hearing was closed and regular meeting opened. _,...-A o-_ ..,,_ F m, Rinc a fnnrt yard variance, Lot 20, passed unanimously. 3. Special Exception - Lot 1 & 2, Block 6, Lots 1 & 2, Block 10, Miller Point Subdivision - Mike Shockley. Staff made their recommendations. Mu Lo an moved to table this item till a develo ment Alan was presented by Mr. Shockley. Mr. Anderson seconded. KIBS272993 COMMISSION MEETING - July 20, 1977 PAGE 3 4. Right -of -Way Easement Vacation - Lot 9, Block 4, Mt. View Subdivision - Vicki Best. The staff report was presented by Mr. Mulitalo recommending denial of the request as it was premature at this time. Public hearing was opened and closed without audience comment. Mr. Logan moved to deny this petition for vacation of easement. Mr. Anderson seconded. Motion passed with an unanimous roll call vote. 5. Rezone Lot 9, Block 55 USS 2538 (R-1 to R-2) - Henry Zabski. Mr. Mulitalo presented the staff report recommending denial of this request as it would constitute spot zoning. Public hearing was opened and closed without audience comment. Mr.LLo�an moved to deny the request to rezone Lot 9, Block 55, USS 2538. Mr. Erwin seconded. Motion passed unanimously. 6. Rezone Lots 1-10 & Lots 13-14, Block 30, USS 2538B East Addition (Lots 1-2 James Bredehop; Lots 3-4 Peter Meyburg; Lots 5-10 Helen Hall; Lot 13-14 James Eggemeyer) Mr. Mulitalo presented the staff report recommending that (a) P & Z Commission approve petitioner's request to rezone Lots 1-10 & 13-14 from R-2 to R-3; and (b) that P & Z Commission initiate a motion tc rezone Lots 11 & 12, Block 30, USS 2538E from R-2 to R-3 and that a public hearing at the P & Z Commission level be waived. Public hearing was opened for audience comment, having none, hearing was closed. Regular meeting resumed. Mr. Ball moved to rezone Lots 1-10 and 13-14 in accordance with the recommendation of staff. Motion was seconded. Motion passed with unanimous roll call vote. Mr. Ball moved to rezone lots 11 & 12 Block 30 East Addition in accordance with the previous motion with a public hearing waived. Mr. Erwin seconded. Motion carried with Mr. Pugh casting a 'No' vote. The staff was requested to contact Mr. Simmons, asking his opinion on the rezoning of his lots, Lots 11 & 12, Block 30, East Addition. 7. Rezone Lots 11-12, Block 5, Monashka Bay Subdivision from Unclassified to R-3 - Mary Gallagher. Staff report was presented recommending denial of request as being premature. Public hearing was opened. Audience comments followed: Mary Gallagher asked why this request had been reopened. She was informed that a public hearing had not been held previously and this hearing was fulfillment of that need. Dave Herrnsteen's letter was read into the record stating he was opposed to the rezoning. Public hearing was closed and regular meeting opened. Mr. Logan moved to denv the petition to rezone DroDerty to R-3 at this time. D. Other 1. Home Occupation - Thrifty Shop - Lynda S. Shepard. Staff report was presented. Mr. Anderson moved to hold a public hearing on this item at the next regular meeting. Mr. Pugh secon_de Motion carried by unanimous roll call vote. IV OLD BUSINESS (Continued from earlier in the meeting) KIBS272994 $. Resubdivision of portions of USS 1671, Spruce Island, Alaska _ (Tract A & Sunny Cove Recreation Tract) - Edward Opheim. Mr. Milligan, Planning Director, presented a staff report on this item. He called attention to Mr. Ecklund's letter referencing a restrictive Ingress and Egress Covenant to be attached to the final plat of Sunny Cove Subdivision. Mr. Milligan further stipulated that this covenant would be reflected on (1) subdivision plat; (2) Deed of Conveyance; and (3) recorded covenant for the Recorder's Office. Mr. Milligan recommended addition wordiAg- to be added to the covenant, stating as follows: "The access and utility easements as shown on this restricted subdivision plat shall be for the ex- clusive use of owners of lots within the boundary of this subdivision and are not to be developed as streets. Said access easements are COMMISSION MEETING - July 20, 1977 PAGE 4 intended to be used as paths and walkways. Vehicles for trans- porting building materials to building sites may be used and access easements improved only to the extent necessary for such utilization." This item of business had been tabled at the last meeting. Mr. Anderson moved that it be removed from the table. Mot seconded. F Mr. Lo an moved that the resubdivision of USS Alaska be acceptedwith the restrictive coven Mr. Ecklund's letter and to include the recom wording made by Mr. Milligan, and also includ 'restrictive subdivision". Motion was second V NEW BUSINESS (Continued from earlier in the meeting) B. Rezoning Application. ruce Island oned in of additio. ording on passed 2. Rezone villages of Old Harbor Townsite, Akhiok Townsite, Karluk Townsite, Larsen Bay Townsite, and Ouzinkie Townsite (Conservation to R-1). Mr. Logan moved to remove item from table. Motion was seconded. Mr. Logan moved to accept t of Oid. Harbor seconded. from R Mr. Logan recommended rezoning lands within the corporate limits of the villages to R-1 in consistence with the comprehensive plan and to further consider classifying more definitively additional lands at a later date. Mr. Erwin concurred. Some of the commission members expressed uneasiness over not having plats available. rezoning Old Harbor from conservat lack of a second. Mr. Pugh moved to rezone from cons the commission members had already last meeting, being the villages o Mr. Anderson seconded. Motion pas voti— n—wNo' . VI INFORMATION & REPORTS time ervation to R-1 ed for areas th ed at th nd Akhio A. Information 1. Other meetings minutes a. Assembly June 2, 1977 - information only. b. Assembly June 30, 1977 - information only. c. Assembly July 7, 1977 - not available at this time. 2. Communication a. KEA - correspondence requesting use of road right-of- ways - Planning Department has notified KEA to go ahead. b. Letter from Ronald and Mary Doubt referencing a road constructed in Mt. View Subdivision - the Planning Department was requested to include this letter with others relating to road acceptance by the Borough. c. Letter from William L. Fearn - referred to Borough Assembly for their action. B. Reports KIBS272995 1. Chairman's reports - deferred to later. 2. Staff Report - a. Planning Department Monthly Activities - informational. Mr. Milligan reported on land selections stating that he had COMMISSION MEETING - July 20, 1977 PAGE 5 recently met with representatives of He requested the opportunity to meet to commence with the process to start Further direction on this subject may their July 30th work session. the State Division of Lands. with the P & Z sub -committee making land selections. come from the Assembly at Mr. Milligan introduced the new City Manager, Mr. Widom to the commission. Mr. Widom stated that he was glad to be in Kodiak. He commented that he had once been a zoning inspector and understood many of the problems in planning. He said that he was willing to work with the commission and staff in facing some of the problems. b. Wolkoff Property - report on this item was referred to the next regular meeting. VII COMMISSIONER'S COMMENTS Mr. all sales of lic auction Mr. Logan moved to recommend all future land sales be small in lot size to allow the avera e person to afford and be able to purchase the lot s . Mr. Pugh seconded. Discussion followed. Concern was expressed over restricting developers. Mr. Logan amended the motion to stipulate all residential lots - unclassified R-1 R-2 and R-3. The second was agreeable. Motion failed 3-3 with Mr. Anderson, Mr. Ball and Mr. Erwin voting ITNdl. Mr. Pugh commented that he was disappointed in the Planning Depart- ment's reports. He would like to see listed the viewpoint of the people and not just the legal aspects. Mr. Migaeported that they were required to follow statutory requiremenllits.n rMr. Pugh presented 3 items he wanted to mention: 1. He asked if there was any way of giving blanket coverage to Aleutian Homes Subdivision alleviating such problems as were presented earlier at this meeting. Mr. Ball suggested possibly discussing provisions from Anchorage ordinances with Mr. Milligan at the next work session. 2. Relating to the De Ville property, Mr. Pugh felt uneasy rezoning to R-3 on the basis of no vacation and replat. Lorna Arndt spoke in behalf of Mr. DeVille stating that there was no intention of disabiding the codes. 3. Mr. Pugh stated that he would like to see something done about the Freeman trailers. Mr. Pugh concluded with stating that he was disappointed with the Borough Assembly. He would like to see construction beginning in the villages but he felt as though he had been suddenly hit with the village proposals when the Assembly had already had first reading for the same. He would like to see a closer working re- lationship with the Borough Assembly and others. r Mr. Logan stated that he had attended the meeting when this item was presented to the Borough Assembly. At that time he thought that the P & Z Commission had approved the villages previously. Mr. Anderson stated that he-.4duld like to help the villages out. He mentioned possibly holding a special session to do so, but he also would like to know what he was approving. Chairman Williams also expressed concern about rezoning the villages, recognizing that work does need to be done. KIBS272996 COMMISSION MEETING - July 20, 1977 VIII AUDIENCE COMMENTS Lorna Arndt made reference to what she understood Mr. Freeman was going to do with his trailers. It was suggested that the Zoning Administrator be informed as to any violation of the codes at that time. Mr. Milligan called for a special meeting to reconsider rezoning the villages. The commissioners were all agreeable to holding a special meeting to only consider rezoning the villages on July 27, 1977, requesting that all additional information be available at that time. A work session was scheduled for 6:30 p.m. on July 27th, and the special meeting at 7:30 p.m. that evening. IX ADJOURNMENT Chairman Williams adjourned the meeting at 10:50 p.m. SUBMITTED: ecre ry j F APPROVED: F,F l l p110,1111 KIBS272997