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1974-04-17 Regular MeetingKODIAK ISLAND BOROUGH PLANNING & ZONING MEETING APRI L 17, 1974 CALL TO ORDER The meeting was called to order by Chairman, Mr. John Welch. at 7: 40 p.m. in the courtroom of the State Office Building, Kodiak Alaska. 11 ROLL CAL'_ PRESENT ABSENT Mr. John Weich, Chairman Mr. Jerry Holt Mrs. Wilda Gellis Mr. John Burnham Mr. Tom Terry Mr. Gene Erwin Mr. Paul Stovcr III MINUTES F;tOM PREVIOUS MEETING A. P&Z - Regular - February 20, 1974 - Mr. Terry moved for approval of the minutes of February 20, 1974. Seconded by Mrs. Gellis. Motion passed by unanimous roll call vote. IV MINUTES FROM OTHER MEETING A. Assembly - Special - March I, 1974 - No Comments B. Assembly - Regular - March 7, 1974 - No Comments r- C. Assembly - Special - March 25, 1974 - No Comments D. Assembly - Regular - April 4, 1974 - No Comments V COMMUN!CA, IONS & CORRESPONDENCE A. Letter from M& S Enterprises - RE: Requesting Subdivision of Le: 1 Blcck 2, Le;te Addition - Mr. Scott stated that the City did give ti,srn a utility easement for life of the structure that is now cnc: aching on their property. The lots will be divided into two lots, ea::h approximately 2400 sq. ft. Mr. Holt stated that this was beiJ the minimum lot size requirement for R-1 zoning. He further stated that if one structure is ruined you can never do anything rrlth the present property if it is subdivided. Mr. Welch notified Mr. Scott and Mr. Maio if P&Z does deny their request they do have the right to appeal to the Borough Assembly. Mr. Scott stated that tha property is in effect income property, in that they are now renting one of the houses on their lot, which would make the lot essentially R-2 zoned. Mr. Scott felt that P&Z had the power to grant variances to the rule. Mr. Holt noted that they could not grant them anything because their request did not comply with anything in the code. Mr. Scott also felt that he had grandfather's rights. It was noted that the land has changed several times since 1964 and this did not apply, r-- Mr. Holt also noted that the• subdivision if granted would make it very difficult for the next buyer. Mr. Terry made a motion that this request be denied. Seconded by Mr. Holt. Motion passed by unanimous roll calf vote. B. Euclenc Brasie- RE: Development Plan for 55-Year Lease Property - Mr. Brae7'e presented his preliminary plans which were to be approved for financirg purposes only, he further stated that he will have to come back tr) Planning and Zoning for approval of the final plat. Mr. Holt stated that,,me cc :; !:cY ape. ve this plan because it did not show the building locatio- ar: t`:- lot in r aquirement of lot size. It was noted that Mr. Brasie did have ~.:.:•::`� 1:r, but that the building location still needed to be shown on i;,e a.a. KIBS2728O8 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MEETING PAGE 2 APRIL 17, 1974 Question arose about the zoning of the property. Mr. Brasie stated that he did have a commercial lease. Mr. Hickman stated that the Russian Creek Subdivision was zoned Residential Unclassified and this tract abutted the subdivision. He further stated that it was zoned either Unclassified or Conservation, which is a designation of land when .-- it is not zoned. Mrs. Gellis stated that she believed this could go as Unclassified with additional use. Mr. Brasie stated that he wants it zoned commercial. P&Z recommended that the Borough check on the zoning of this tract of land. Mr. Holt stated that everything should be done properly before Mr. Brasie decides -to build his motel/steakhouse. Mr. Holt moved that we voice no objection. Seconded by Mrs. Gellis. Motion passed by unanimous roll call vote. C. Request from Earl Deater for Lease of Borrow Site P-7 Tract "A" Bells Flats - Mr. Hick man stated that he has no objection to this request. But he does suggest that we remove P-5 and P-6 as borrow sites, because they are no longer suitable. Mr. Terry entertained a motion to approve the request. Seconded by Mr. Stover. Motion passed by unanimous roll call vote. Mr. Terry made a motion to withdraw P-5, and P-6 as Borrow Sites. Seconded by Mr. Stover. Motion passed on the following roll call vote. Mr. Burnham - YES, Mrs. Gellis - YES, Mr. Stove- - YES, Mr. Erwin - YES, Mr. Holt - ABSTAIN, Mr. Terry - YES. D. Request from Wine Thorpe for Variance Backyard on Lot 34, Block 19, Kodiak Old Townsite - Mr. Stover stated that Mr. Thorpe was present at the previously shceduled meeting and had explained the situation. Mr. Stover made a motion we approve this request. Seconded by Mrs. r-Gellis. It was noted that there is a cement wall separating the properties. Mrs. Gellis stated the only thing she was concerned with was fire. Mr. Stover amended his motion to move for a public hearing on the variance request, with the second concurring. Motion passed by unanimous roll ca I I vote. E. Request from George Vogt for a Vacation and Replat of the Resubdivision of Lots I & 3, Block 8, Leite Addition. Mr. Vogt gave a background on why there was an encroachment on the property. In order for proper sale he needs to have these lots vacated and replatted. It was noted that he does have enough square footage on the lot. Mr. Stover made a motion for a public hearing on the request. Seconded by Mr. Holt. otion passed by unanimous roll call vote. F. Rezoning Request from Huey DeVille to Rezone Lots 2, 3, and 4, of Allman Lalande from Unclassififed to Business - Mr. Holt noted that this is just another step in what's happening on Mill Bay Road. This area is turning to Business. ,Mr. DeVillie noted that he had businesses surrounding these lots. Mrs. Gellis made a motion to call for a public hearing on the rezoning of Lots 2, 3, and 4. of Allman Lalande Subdivis Seconded by Mr. Stover. Motion passed by unanimous roll call vote. G. Request for a Vacation of Lots 44, 45, 46, and 47, Block 19, U. S. Survey 2537-B, and Portion of Lots 1, 2, Block 1, Hinckel Subdivision, U. S. Survey 1534, and Replat to Lot 45A, Block 19, U. S. Survey 2537-B - Mr. Hickman noted that these are where the Rezanof Apartments are presently located. Their reason for the vacation and replat is to eliminate lot lines between their own lots for apartment expansion. Mr. Terry made a motion for public hearing. SecondedbyMr. Stover. Motion passed by unanimous roll call vote. KIBS272809 KOD.IAK ISLAND BOROUGH PLANNING & ZONING COMMISSION PAGE 3 APRIL 17, 1974 VI PUBLIC HEARINGS A. Rezoning of Tract "A", U. S. Survey 2735 from Conservation to Industrial, Middle Bay Fisheries - Mrs. Gellis moved for approval of the rezoning. Seconded by Mr. Holt. Mr. Welch closed the regular meeting and opened the public hearing. There being no comments, '— Mr. Welch closed the public hearing and reconvened the regular meeting. Question being called for, motion passed by unanimous roll call vote. B. Vacation & Replat of a Portion of U. S. Survey 1086, and Lot 1, Block 20, U. S. Survey 2537-B - Mr. Holt moved for approval. Seconded by Mr. Terry. Mr. Welch closed the regular meeting and opened the public hearing. There being no comments, he closed the public hearing and reconvened the regular meeting. There was a question on why they were doing a vacation and replat. It was noted that they are putting a road through for the sewer intercepter line. Motion passed by unanimous roll ca I I vote. VI I SUBDIVISIONS, PRELIMINARY VIII SUBDIVISIONS, FINAL A. Final plat of U. S. Survey 5667 - Jake Blanc - It was noted that this was carried as a Subdivision previously and is now listed as a Vacation and Replat. Mr. Holt stated that he believed that it was going to be sub- divided as one tract of land. He further request to see the preliminary plat. Mr. Burnham moved to table for further clarification. Seconded r. by Mr. Terry. Motion passed by unanimous roll call vote. IX P&Z ITEMS A. Review of Ordinance drawn up by the Borough Attorney with P&Z's Recommendations - Mr. Terry stated that copies should be made of the Administrative Code, Title 18, and sent to the villages and the B000ugh Assembly. Mrs. Gellis felt that it was not clarified enough in the intent of the use. Mr. Terry stated that intent of the ordinance calla for plans for use now, not for future.plans. Mrs. Gellis stated as long as you live up to the slope and grade, you can do all you want on your lot, but not on anyone elses, the person will have to come before P&Z for approval. Mr. Terry stated that this would fix it so unorthodox users would have to come before P&Z and not the average person. Mr. Terry stated he would rather see this ordinance passed written up as it is thgn changing it so a person can clear cut acres of land. Mr. Terry made a motion to accept the ordinance as written. He further stated that you still have to leave it up to the Environmental Protection Agency for timbering or cutting. Mr. Hickman recommended that we check with the St ate of Washington or Oregon and see what their laws are. It was r 'tnat a p erson could only clear cut one lot and that any 'nan one lot they would have to come to Planning and 7n^''•7 Uecause it will be known as .-- a project. Dr. Eufemin st=t,u tnat 100 acres was bought by his property by Afognak Logging, what is to stop them from clear cutting. He further stated there are ways of getting around the stipulation of cutting only one lot. Mr. Burnham stated the person would have to come to P&Z for approval if he was to �,'I any timber or gravel. Mr. Grothe stated that if a man is to clear cut for an ac: cs road, he should be able to sell the trees he cuts down. He further stated that we should write an ordinance by what it means, not an ordinance that would require a person to come before P&Z and submit thereselves to the whims of P&Z. Mr. Burnham stated that this ordinance is supposed to be developed for residential areas. Mr. Deater questioned about clear cutting a lot and not leaving a boarder line to protect the other persons'timber from falling. Mr. Terry stated we are trying to limit unorthodox users. KIBS27281O r— KODIAK ISLAND BOROUGH PLANNING AND ZON!NG COMMISSION MEETING APRIL 17, 1974 Mrs. Gellis stated we are trying to find a way to limit this without limiting everything. Mr. R.eimnitz asked why the 65% was taken out of the original ordinance. He feels that 65% maximum cut would be just right for cutting on your lot. Mr. Holt felt that in Section 2, it would let a person clear cut each lot and limit him to one i'snot clearly defined.. Mrs. Gellis agreed with this also. Mr. Terry restated his motion of accepting the ordinance as written. Seconded by Mr. Erwn. Motion failed on the following tie vote: Mr. Erwin - YES, Mr. Terry - YES, Mr. Holt - NO, Mrs. Dellis - NO, Mr. Welch - YES, and Mr. Burnham - NO. M'r.'Holt rroved that this ordinance be approved as proposed if Vxcept'ih section 2, 10B, Line 2, the words "more than one" be stricken and replaced by the word "any". Seconded by Mrs. Gellis. Question being called for motion failed by the following roll call vote: Mr. Terry - NO, Mr. Burnham - NO, Mr. Holt - YES, Mr. Erwin - NO, Mrs. Gellis - YES,Mr. Welch - NO. Mrs. Gellis felt that she believes that a man can go from one lot to another on clear cutting. She suggested we contact the lawyer to find out the correct phrase in Section 2. Mr. Holt recommended that we send this back to the lawyer to see if the statement "more than one" would permit a person to clear cut more than one lot at a time. PAGE 4 B. Review & Approval of Zoning Map - P&Z reviewed the map as presented. Mr. Terry made a motion to accept the plat as colored. Seconded by Mrs. Gellis. Motion passed by unanimous roll call vote. r C. Review and Approval of State of Alaska Chiniak Plat. - Mr. Hickman explained that we need to approve this before we could obtain a patent from the State. Mr. Terry made a motion to accept the plats. Seconded by Mr. Burnham. Motion passed by unanimous roll call vote. D. Response from Dept of Natural Resources, Division of Parks on Concession at Abercrombie - No Comments. Mr. Terry stated that he was approached by the Postal Inspector about setting aside land for a future Post Office and that they need about one acre. They were thinking about the area P&Z designated for the proposed. Civic Center. He also suggested that we possibly set aside cnmc property by the airport for an annex post office facility. At [cast keep this in the back of our minds for future recommendations. Mr. Holt noted that the property out the airport was stated leased from the government and we could not do anything with it. Mr. Terry suggest that we check out to see taw much land area is located where the proposed civic center is to be. Mr. Terry made a recommendation that we w rite a letter to the Borough Assembly stating that we have a letter coming from the Postal Authorities requesting the Planning and Zoning Commission to set aside some land for a Postal facility in the immediate area of the City Library, and that P&Z recommends that this area be used as a multiple use of a Civic Center and Postal Facility. It definitely should not be used for. individual or business type operation.' P&Z concurred with Mr. Terry's recommendation. X AUDIENCE COMMENTS XI ADJOURNMENT The meeting was a djourned at II: 30 p.m. KIBS2728I1 ATTEST: / APPROVED: Norma L. Holt J n Welch Borough Clerk Chairman