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1974-08-21 Regular MeetingKODIAK ISLAND BOROUGH PLANNING COMMISSION MEETING AUGUST 21, 1974 i-- CALL TO ORDER The meeting was called to order by Chairman John Burnham at 7:30 p.m. in the meeting room of the Borough office building. II ROLL CALL PRESENT Mr. John Burnham, Chairman Mrs. Wilda Gellis Mr. Tom Terry Mr. Gene Erwin Mr. Paul Stover Mr. Jerry Holt (Late arrival) Mr. John Welch Also present: Mr. Larry Bentley , building inspector and approximately 20 people in the audience. III MINUTES OF PREVIOUS MEETING A. P & Z - regular meeting Ju'y 24, 1974 - Mrs. Gellis moved for approval of the minutes as presented, seconded by Mr. Terry. Motion passed by unanimous roll call vote. IV MINUTES FROM OTHER MEETINGS A. Assembly - Regular Meeting of August, 1, 1974 - there were no comments regarding these minutes. V COMMUNICATIONS AND APPEARANCE REQUESTS A. Letter From Ken Waring, Community & Regional Affairs, Division on Community Planning re: Techanical Planning Services and Grants-in-aid Review and comment with recommendatons of the Planning Commission. A short background was given, noting that assistance would be given to establish a Planning Department within the Borough. An amount of $20,000 has been designated for the Kodiak Island Borough for such assistance. Mrs. Gellis moved to recommend that the Borough_ Assembly proceed with this course of action, seconded by Mr. Stover. Question called and motion passed _by unanimous roll B. Review of Planned Development for Tract "C" U. S. Survey 1396, Waldo's Shopping Center and apartment complex (0. Kraft & Son, Inc.) Request was read asking for rezoning of the area, however it was noted that this area has been reviewed by the Commission and the rezoning ordinance is scheduled for first reading by the Assembly September 5, 1974. The building inspector has reviewed the plans and the development does conform to lot size, parking space and other requirements. Mr. Terry moved for acceptance of the development plan, seconded by Mr. Stover (Mr. Holt arrived). During the discussion it was noted that rather than an acceptance the Commission should just voice no objection. Mr. Terry withdrew his motion and the Commission concurred in voicing non objection to the development plan as presented. KIBS272929 C. Variance Request - Lots I, 2, 13 & 14, Block 6, Leite Addition, for Proposed Construction of a Church (Jehovah's Witness) . The letter of request was read by Mr. Burnham noting the rea-ons for the request. Mr. Neison was in the audience and presented preliminary drawings of the proposed construction. Mrs. ;Gellis moved fgr.app..rgval.q4pa.pu)al(o=.bearing on this request, seconded by Mr. Stover. "Mr.' Holt asked whether or not this setback requirement would result in practical difficulty or unnecessary P&Z Meeting - August 21, 1974 Page 2 r— hardship and would the Commission be setting a precedent because of the type or shape of building that an individual might wish to build. Mr. Nelson commented that they would like to have a building that would be as attractive as possible and an asset to the community. Question was called on the motion and motion passed by unanimous VI PUBLIC HEARINGS A. Rezoninq of U. S. Survey 1678 from Conservation to Unclassified (AI Schaefer - Kodiak Island Resources). Mrs. Gellis moved to rezone U. S. Survey 1678 from conservation to unclassified, seconded by Mr. Terry. The regular meeting was closed and a public hearing opened. Mr, Byron Shafford asked if this change would allow a logging operation, it was noted that the present zoning of Conservation would allow for such use, however unclassified would not and the area was scheduled for subdivision. The public hearing was closed, question being called for the motion passed by unanimous roll call vote. B. Rezoning of Tract "C", U. S. Survey 444 from Industrial to R-3, Russian Orthodox Church_ . Mr. Terry moved for approval of the rezoning, seconded by Mr. Gellis. The regular meeting was closed and a public hearing opened. There were no comments from the audience., the public hearing and was closed and the regular meeting reconvened. Question called; motion passed by unanimous roll call vote. C. Rezoning of Lot called; C. Rezoning of Lots 5-8, Block 8, Aleutian Homes Subdivision from R-I and R-2 to Business (Kodiak Island Properties) . Mr. Terry moved for approval of the rezoning, seconded by Mr. Stover. Regular meeting closed r and public hearing opened. The location of the lots was pointed out to the audience, no comments were received. Public hearing closed and regular meeting reconvened. The Commission commented that rezoning of this area could possibly mean additional property for use of a convention center or post office. The question was called and motion passed by un- animous roll call vote. D. Rezoning of Proposed Subdivision of U. S. Survey 1396, Block I and Block 3, rezoned to R-3 and _Block _2, Rezoned to R-2 (Lee Russell) . Mr. Burnham noted that this was under discussion at the last meeting, however the motion for approval had died due to lack of a second. Subsequently a work session was held and a new public hearing called for. Mrs. Gellis. moved to rezone the proposed subdivision ort of U. S. Survey_1396, Block I and Block 3 to R_-3 and _Block 2 zoned to R-2, second_ed_by Mr. Stover. The public hearing was opened on the matter, several people in the audience came forward to review the maps. Mr. Atwell asked about the recreational area that was proposed and would there be access. It was noted that this is a very good winter recreational area and has heavy use by the residents of Baranof Heights and Aleutian Homes Subdivisions. Several problems were pointed out - the sewer lines will have to be up- graded (this would be the subdivider's responsibility), additional access would need to be acquired and paving of the roads into the subdivisions should also be done. Mr. Holt stressed the problem of access and suggested that additional access should be a requirement which would have to be met prior to approval of the subdivision. The public hearing was closed and question called; motion passed with the following roll call vote: Erwin - YES; Stover - YES; Terry - NO; Holt - NO; Burnham -_YES; Gellis_- YES. The Commission asked that staff prepare a letter to the City Council and City manager requesting that the City move to acquire the land from Mr. Fisk, that such land be acquire through condemnation if necessary and that consideration be given to a change in the present name of LARCH. KIBS272830 P&Z Meeting - August 2i, :974 Page 3 E. Vacation &Replat Lots 9 & 10, Block 8, Leite Addition (Bill Bardot) Mr, Erwin moved for approval of the vacation and replat, seconded by Mrs. Gellis_. Regular meeting closed and public hearing opened. No comments were received, public hearing closed and the regular meeting reconvened. The question was called; motion passed by unanimous roll call vote. VII SUBDIVISIONS, PRELIMINARY A. Subdivision of Tract E, Part of U. S. Survey 1396 (Chuck Powell) Mrs. Gellis moved for approval of the preliminary, seconded by Mr. Stov Mr. Chase asked whether or not this was to be a trailer court, however it was noted that a warehouse and trucking service were being built here. Question called, motion passed by unanimous roll call vote. B. Subdivision of TRact F of a Portion of U. S. Survey 1396 (R. A. Jones) Mrs. Gellis moved for approval of preliminary subdivision of Tract F, Survey 1396, seconded by Mr. Stover. During the discussion it was noted that this subdivision would have the same problems as that proposed by Mr. Russell, that of access and a necessity to upgrade the sewer line. Question called for, motion passed by following roll call vote: Erwin -YES; Terry - NO; Stover -YES; Holt - No; Gellis - YES, Burnham - YES. Vill SUBDIVISIONS, FINAL A. Subdivision of a Portion of U. S._Survey 4970 State Department of Fish and Game - Recreational Tracts, located at Pasagshak River. Mr. Holt moved for approval of the final plat, seconded_by Mr. Terry. Question called motion passed by unanimous roll call vote. IX P & Z ITEMS f^^ A. Lemmons/First_ National Bank of Anchorage, Rezoning of Lot 8, Block I 55 East Addition. This item was returned as the question was not resolved. The Bank has indicated by telephone that a letter of non -objection to this R-2 use or a letter indicating that the administration had no intention of revoking this use would satisfy the loan requirement. The Commission noted that such a letter would condone an illegal use ; that the building permit did not state that this would be a duplex when acquired. Mr. Holt moved to request the Borough to reply to the First National Bank that: (1) the Borough would not give e- letter of "non -objection" and (2) the Borou h could not give aguarantee that the R-2_use privilege would not be revoked in this R-I zone. Seconded by Mr. Terry, motion passed by unanimous roll call vote. The Commission's recommendation was that Mr. Lemmons should start rezoning proceedings in his area for R-2. B. Rezoning Consideration of Lot 2, U. S. Survey 3099, Okey Chandler. The meetings were reviewed and Mr. Burnham suggested that a letter be sent to Mr. Chandler stating that this matter was reviewed in June for rezoning to R-I. The Commission voted the question down, 5-1 and that Mr. Chandler had voiced his opinion that he did not want this area rezoned. Under the present zoning this area cannot be subdivided and the Commission did not feel that a work session is warranted at this particular time. The Commission concurred with the Chairman's recommendation. X AUDIENCE COMMENTS KIBS272831 A. Mr. Lou Schneider asked if there was a difference in the classification of "Unclassified Residential" and "Unclassified"; the commission noted that both are the same. To Mr. Schneider's question regarding enforcement, it was noted that the Building inspector is the enforcement official. Mr. Schneider further noted that in the Miller Point area a commercial operation is presently underway, that of logging. Currently timber is being taken from the individual's own lots, other timber is being brought from other areas, and cut tlmh-r is. haina sold. The problem now is the road -tie up because of P & Z Meeting - August 21, 1974 Page 4 trucks unloading the logs. Mr. Schneider further indicated that he is in the process of purchasing four acres in this area and if business is allowed he will move his business here. The Commission was agreeable to going on record as requesting the Building Inspector to investigate and if the allegations are true (a commercial operation does exist) that this be taken to the Assembly for their action. Mr. Schneider noted that he had received information that the gravel excavation operation had ceased, however was concerned with the manner in which the property was left and asked what could be done about sloping the property. The owners can be required by the Building Inspector to leave the property in a safe condition. T here was discussion on require- ment of a bond to insure that the property is left in a safe manner and noted that this would be up to the Building Inspector to determine if bonding is necessary. B. Mr. Ron Chase asked about the qualifications for a subdivision, the Commission noted that this would depend on the size of the lots, whether or not improvements would be required. To the question concerning issuance of building permits and permits for sceptic systems Mr. Chase was referred to the State Sanitarian, Mr. Brighton. C. Mrs. Breckburg was in the audience and wished to voice objection to an auto shop being operated in an R-3 zone. This is a rented garage, and the occupant proposes to put in an upholstery shop and body shop in the same building. Mrs. Breckburg commented on the amount of traffic this would bring to the area and noted that the street there is very narrow. The occupant contends that there was a garage operating in this area at one time, however people in the audience stated that this was not a business, the owner only worked on his own cars there. The Building Inspector was requested to check into this matter and issue a stop work order. The Building Inspector was further requested to report back on his action and investigation. XI ADJOURNMENT There being no further business the meeting adjourned at 10: 15 p.m. SUBMITTED: Al �'lr Norma L. Holt Borough Clerk r— KIBS272832 rman, Planning & Zoning Commission