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1973-05-23 Regular MeetingKODIAB ISLAND BOROUGH PLANNING & ZONING COPM'1ISSION MEETING MAY 23, 1973 I CALL TO ORDER The meeting was called to order by Chairman, Mr. John Welch, in the courtroom of the State Building, at 7:35 p.m. II ROLL CALL Present Mr. John Welch, Chairman Mr. Tom Terry Mr. John Burnham Mrs. Wilda Gellis Mr. Gene Erwin III ffif MINUTES FROM PREVIOUS MEETINGS A. MINUTES FROM OTHER MEETINGS Absent Mr. Jerry Holt Mr. Jim Wheeler A. Assembly - Special - April 19, 1973 B. Assembly - Regular - May 6, 1973 C. Comprehensive Health Board - May 9, 1973 D. Assembly - Special - May 21, 1973 Mr. Terry had some question as to whether they were going to put . fluoridation in our water system. It was noted that the Borough was in the process of obtaining information on fluoridation so we can send it to the City with the request from the Comprehensive Health Committee to put fluoride in our water system. V CON'4MCCATIONS & CORRESPONDENCE A. Letter from Borough Attorney RE: Granny's Knitting Nook Mr. Mahoney's recommendations were read to the Planning & Zoning Commission on Granny's Knitting Nook. Mr. Terry stated that it should be inspected and if it has the proper sanitation facilities and then grant them a special use permit: Mr. Burnham stated that the building inspector has looked at the building already and that it is in good condition. Mr. Terry questioned how we could grant a special use permit and what restrictions were to be set. Mr. Terry moved that we table until Mrs. Holt_ %rough Clerk- - B. Right of Way on Melnitsa Lane - Freeman's Lot - There was some question as to distinguishing the Right of Way on his lot. Mr. Erwin :-loved to table. Mr. Terry wanted to know if the easement for the road was 100 feet or 60 feet? The minutes from the Borough Assembly meeting of May 8, 1973 were read by Mrs. Gellis, explaining the situation of Mr. Freeman's lot. Mr. Erwin with- drew his motion to table. Mr. Terry made a motion that if there C. V11 V. J. OU -VCy .)14, 11II"Cti Jd1111.5 Ddy - 111C .LCLutu- 11'U111 1,11ti Historical Society was read to the Commission. Mr. Burnham stated that a person who wanted to buy his land back from the Borough should be able to buy it back if he has the right to do so. He suggested that we write a letter to the Borough Attorney and get his legal op_.nion on this case. KIBS272773 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MEETING MAY 23, 1973 PAGE 2 Then we will have his legal opinion for future reference. The question is do we have the right to keep this land for historical purpose and not give the previous owner the right to keep this land as required. Mr. Terry made a motion that we turn this down and that the owner may statutes and Mat his taxes were paid accordingly. Mrs. Gellis Saated that if the Historical Society or a government entity feels they want this land as a historical site they should negotiate with the owner for purchase. Mr. Burnham felt that the previous owner had the right to obtain his land because of due process of law. Motion was seconded by Mr. Erwin '— and passed by unanimous roll call vote. VI PUBLIC HEARINGS VII SUBDIVISIONS, PRELIMINARY YIII SUBDIVISIONS, FINAL IR P&Z ITEMS A. Discussion of Proposed Capital Projects - It was suggested that we wait until Mrs. Holt was present to explain more about capital projects. moved Reach. he stated this should be stopped because these are recreational beaches. Mrs. Gellis seconded the motion. Motion passed by unanimous roll call vote. Mrs. Gellis stated that the Borough was presently preparing the Borough, budget for 1973/74 and she believes we should include in the budget a salary for a dog catcher. We should encourage the Borough Assembly to go in conjunction with the City on hiring a dog catcher. Mrs. Ge111 moved that we do urge the Borough Assembly to include funding in th b in conjunction with the City on having a full time doe catcher. Second Mr. Welch stated in referring to the Code as Mrs. Gellis stated that the assembly can reverse the decision of the P&Z Commission by an affirma- tive four votes. It was noted that there has been some cases where the assembly has overridden P&Z decisions on a m.,--ority vote of only three, Mrs. Gellis stated that the assembly should have four unanimous votes to reverse any P&Z decision and they have done it several times by three. Mr. Burnham read the code to the P&Z Commission for their information (5.2.22, Section 22 - Paragraph B) The P&Z Commission unanimously wishes to call to the attention there has been a violation of this code in Yin, 1• � 1 • Ji�1111�I�M The meeting was adjourned at 9:00 p.m. SUBMITTED: APPROVED: Norma L. Holt, chn Welch, Acting Borough Clerk Chairman KIBS272774