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1975-04-01 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MEETING APRIL 1, 1975 r--- CALL TO ORDER The meeting was called to order by Chairman, John Burnham, at 7:40,p.m. in the meeting room of the Kodiak island Borough Meeting Room. 11 ROLL CALL PRESENT Mr John Burnham, Chairman Mr. Jerry Holt Mrs. Wilda Gellis Mr. Tom Terry Mr. John Welch Mr. Gene Erwin There were approximately thirty people in the audience III PUBLIC HEARINGS A. •, Exception to Add Mrs. Gellis moved to IUse of Lot 1, Block 43, East Addition - ove the additional use of Lot 1, Block 43, Roger Page. Seconded by Mr. Welch. Mr. Burnham closed the regular meeting and opened the public hearing. Mr. Page stated that he had operated a business in his home since September of 1969 and that during this period his business has included such work as publications; lay outs etc. Since this ,time he has also expanded his equipment and hashad two printing, jobs during,th.is,period. One was the "Kodiak Directory" and'the print was done locally; the.other was "This is Kodiak" and the printing was done in Seattle. The one that was printed in Seattle took ten weeks and the other a lengthy time because of printing problems. He further stated that after attending 'a Chamber of Commerce meeting in which it was mainly concerned'about advertisement around Kodiak, ,he decidedto publish a circular with advertisements to hand out to the public. He further stated that he has previously looked for other property to put his business on, but none was available. He was assured when he bought his present property by Sam Best, a former Borough Employee, that he would operate a home occupation in an R-1 zone. The only complaint he has received was from his neighbor, Ben Ardinger. Mr. Page went on to say that his printing press will not make.any more noise than a mimeograph or copying machine. 'This printing press is merely an extension of his present business of which he has been operating for five years and,that his lifestyle has never given anybody reason to complain: Mr. Page is now asking that the Commission rescind the Building Inspectors order and allow him to continue his business. Mr. Jim Branson voiced his objection as to have a printing press in an R-1 zone. He questioned the element of competition and if the Commission was giving Mr. Page an edge and letting him operate his business in a residential area. Mr. Bunting stated that he lived two houses down from Mr. Page and had no objection to his business. 'Mr. Stanohfield stated that he had talked with the printers at the Mirror and they noted that photography was not the same as printing, in that you use entirely different type of equipment for job printing than photography. He also noted that Mr. Page does have a parking problem. Mrs:Ardinger noted that they do not try to harass Mr. Page, but that when they had t0 move from the down - ,town area and they were no longer not allowed to operate their business from their home, so they had to buy an area downtown in, order to maintain their business previously operated out of their home and Mr. Page should be obligated to do the same thing. Mrs. Saupe requested that her husband's letter be read into the minutes on this additional use and that she personally objected to his operating a business out of an R-1 zone. Mr. Burnham read Mr. Saupe's letter of objection into the minutes. Mr. Ben Ardinger stated that he feels that this area should remain residential and Mr. Page should operate his business in the davntown area. Nancy Freeman asked the Commission what protection does a person have, since he has operated a business for five years and has their been a Commission 1for that long? Mr.. Burnham stated' KIBS272860 KODIAK ISLANDBOROUGH PLANNING AND ZONING COMMISSION MEETING : PAGE 2 that there has been a Commission since that time. Mrs. Ardinger stated that this should have never been granted and that they had registered a complaint five years ago and nothing was ever done 9r. Holt noted that the Commission had been a ked to rescind the Building Inspector's stop order and not a request for an additional use. A request was made'by Mr. 'McCorkle to read the section of the code that allowed this use and also the attorney's opinion on the matter. The attorney did state that section 17.18.010 allowed the Planning Commission wide latitute in uses permissable. Mr. Page stated that he is not expanding into the accessary building and that this expansion will be operated within his home. Mr. Burnham asked Mr Page about the required number of parking spaces on his lot. Mr. Page stated thi there is room enough for five parking spaces Mr. Burnham closed the public hea:..,g and reconvened the regular meeting: Mr. Gariss stated that after checking the files no use had ever been granted to Mr. Page before. Mrs. Gellis felt that this was a home occupation and that the attorney seemed to think this was a permissable use. Mrs. Gellis withdrew her previous motion with approval of the second. Mr. Holt moved tnat the vianning and con�n� commission go on recortl as agreeing with the presentand proposed use on F r, . ape's property as faras=this, ommission would um a public liegFAg on the,; recommpnded opinion of the attorney on the definitjon of a "home occupation" B. Variance Request,for ,Lot 10, Block 1, Kodiak Townsite - Robert King Mr: Holt mo ed for approva e econ y r. Welch. r. urn am c osed the regular meefi-n—g—an-Topenecl IM pu is earing. it was noted that the required setback for sidelines of property is ten feet or ten percent of'the lot width area. Mr. Eli Metrokin asked how far Mr. King will be building from his property line. Mr. Gariss stated that Mr. King does'meet the four criteria for a variance. Mr. King explained how far he will be to Mr. Metrokin.'s property line. Mr. Burnham closed the public hearing and reconvened.the regular.meeting. Motion passed by. unanimous roll call vote. C. Variance Request for'Lot 13, Block 1, Kodiak Townsite.- Kodiak Electric Asso is i n - Mr. Holt Moved for approval. Seconded by Mrs.. Gellis. Mr. Burnham closed the regular meeting and opened the public hearing.. Mr. "Ole" Johnson was present to explain to th'a Commission the.problem that arose in requesting for this variance., He stated that when the engineers designed, this building they did not take i,pto consideration the setback requirements on lots and that there is a power high voltage Iirie connecting with Coast Guard.Ba�se, which would take considerable amount of money and time to put underground if the.builoin g had to be moved He further noted that KEA had a public hearing on this,variance and there was a petition at.thathearing and',they have since talked with most of the people and they have consented. Mr,'..,King stated that he did not receive a notice and that 't he objected to this variance . Mr. Johnson stated thatthis new plant will make less noise than,.the present plan. Mr..Burnham closed the public hearing and reconvened the regular meeting. Question being called for motion passed by unanimous roll call vote. D: Rezoning of Lots I - 11, Block 55,, East Addition - Mr. Holt moved for approval. econded by Mrs. Gellis. Mr. Burnham closed the regular meeting and opened the public hearing. - Dr,. Falcon explaine d that previously he and Dr. Wasson requested that, Lots 1 € 2, Block 55 ,'fast Addition be rezoned to R-2 to permit the use of a clinic on these lots,. across from the hospital, he further stated at the last meeting they were informed that this would be spot ,zoning and so therefore the Commission after some discussion decided to rezone the whole block of lots 1-11. Dr. Falcon went on to say that this dwelling will look more like a house rather than a business and will be smaller than some of the present buildings along this block. Mrs. Markowski stated that he ojbects to the rezoning, in that she does'nt want the present vacant lot to have duplexes built on them. Dr. Falcon explained the reason to Mrs. Markowski for putting the clinic in this area. Mrs. Lechner stated that they did have a petition from other property owner within this area and she feels that this KIBS272861 KODIAK ISLAND BOROUGH PLANNING AND ZONINC COMMISS;ON PAGE 3 APRIL 1, 1975 area should remain R-1 . She further stated that the property owners are not objecting to the clinic, but they are objecting to the rezoning. Mrs. Nuttall stated that she objected to both the rezoning and the putting in of the clinic since it was right next to her lot. She wants this area to remain R-1. Mrs. NuttalI was asked if she had an apartment in her house and she stated that she did. She was informed than this was in fact an R-2 use by leaving an apartment in her hoate. Tie sta.t d'that she would sacrifice this in order for the area to r- remain R-1 . Dr. Falcon stated that there was enough parking space. Mr. Markowski asked about just rezoning lots 1 & 2. Mr. Burnham stated that this would be spot zoning and this is what the Commission is trying to get away from. Sister Josephine stated that putting a clinic in close proximity to a hospital was good planning and this was being done all over the U. S. and that it would help to have one closer to the hospital. Mr. Lechner stated that this rezoning issue comes up just about every year and it shouldn; t be this way. Mrs. Gel lis noted that when individuals come to the Borough Planning Commission and request something be done, if it requires a public hearing, the commission is required to act on it. This is progress. Mr. Burnham closed the public hearing and reconvened the regular meeting. Mr. Gariss stated that within the next two months the Borough is obligated to Community & Regional Affairs to up -date the Comprehensive Plan; according to testimony given tonite consideration should be given to the need of clinics and to go along with the Comprehensive Health Plan. He stated that putting in this clinic could be done with spot zoning or rezoning. Mr. Gariss further stated that it has been brough to his attention that there is some area located next to the hospital intended for this use that belongs to the Borough and possibly the clinic could be put there. This should be looked into. He stated that he can have a report back by the next regular meeting. Motion failed on the following roll call vote: Mr. Terry - NO, Mr. Holt - YES, Mr. Welch - NO, Mr. Burnham - NO, Mrs. Gell::s - YES, Mr. Erwin - NO. Mr. Burnham noted that this will be researched by the Planner and brought back to the next regular Y^ meeting. IV NEW BUSINESS A. Kalsin Bay Construction Camp - a letter was read from Rolland A. Jones requesting the approval of a construction camp in Kalsin Bay during the length of the construction period. They will be connected into the present septic system now on the land. Mr. Erwin moved to approval the temporary permit as long as the original company has the use of the temporary permit and until the end Seconded by Mr. Terry. Motion passed by unanimous vote. ca I I Mr. Gariss noted that he has aeen instructed to make a report to the Borough Assembly on the functions of P&Z and the Comprehensive Plan. He invited the Commission to come up to the Borough Office and review his report at any time or come to the Borough Assembly meeting. V ADJOURNMENT The meeting was adjourned at 10:45 p.m. ATTEST: Norma L. Holt, Borough Clerk )Jo*nBurnghamtairman KIBS272863