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1975-03-19 Regular Meetingr' r . KODIAK ISLAND BOROUCH PLANNING AND ZONING COMMISSION MEETING MARCH 19,.1975 I CALL TO ORDER The rreeting was called to order by Chairman, John Burnham, at 7: 35 pm. in the.meeting room of the Kodiak Island Borough Office Building. ROLL CALL rresent Absent Mr. John Burnham, Chairman Mr. Tom Terry Mr. Gene Erwin Mr. Sam Selveg Mrs. Wilda Gellis Mr. Join Welch Mr. Jerry Holt (late arrival) The.r,ewere approximately 25'people in the audience, including the Planner, Will Gariss, and Building Inspector, George Lindholm. III MINUTES FROM PREVIOUS MEETING A. P&Z Regular - February 19, 1975- Mr. Terry made a motion to accept the minutes of the regular meeting of February 19 1975. Seconded by Mrs. Geilis. Motion nassed by iinnnii ttc 'rnll rail unto IV MINUTES FPGM OTHER MEETINGS A. A..><ernbly - Reqular - March 6, 1975 - Mr. Erwin noted that they had sent the bonding requirement ordinance back to the planning and zoning' com r.itte .. There were no other futher comments on the Assembly minutes. " V COR°i R ;-[G iT! .;tJS :f<D APPEARANCE REQUESTS KIBS272853 A. R:a Page - Mr. Terry stated that in Harry Ardinger's complaint, he mentioned the fac that fir. `age would be operating his printing press in the accessary building that was recently built on hie lot. Mr. Page stated that the press would be located in the main building and that the accessory. -building was merely,a h3bby shop,. He further stated that the press is . -•� an extension of his photography and would relate to his present business. Mr. Welch asked hove many employees will be involved or people is he going to have? Mr'. Page stated that probably on additional person would be hired on a part time basis. The cornmicsion noted :hat there is a use in the code that allows for one employee. und_r "home occupations" in an R-1 district. The Commission asked the Building Inspector on what basis did he issue the stop order. Mr. Lindholm stated that he issued the stop order on the basis of the letter of complaintfrom Mr. Ardinger, and that he wanted it to go to the Commission and have their opinion on the matter. Mr. Terry stated that he could not see anything wrong with the use. Mr. Gariss stated that the code needed to be changed as to the clarification under other uses, as to how many employees. Mr.,.Page.,stated that what he will be doing with: the press will be mainly job printing, circulars, letterhead's;. envelopes, advertising etc. He further stated that the circular will be started this sun-i per and pubiis' ed monthly, and distributed.on a free basis to all1"i residents en tl _,lar c. Mr. Holt asked what.kind of traffic problem would be` invaived?. Mr. Page hf tod that he' will have basically the same traffic as before, two to thre-,a cars at the most. Mr. Burnham wanted a legal opinion from our attcrney -n the code. Mr. Page stated that he does have considerable investment on this nr27s and that a man will be coming from Seattle to show him how to operate the press. He fe!s that he will not be disturbing the neighbors, because the machine will make no mere noise than an adding machine, and he will not create any obno*:i;::.+s noises nr ail to the nearby residents. Mr. Gariss again stated that the wording in t^s code needed to be clarified. The Commission noted that a public hearing on : n exception is required under Section 17.18.010, (3d) KIB PLANNING AND ZONING COMMISSION4EETINGPAGE 2 _ w. MARCH 19, 1975 to grant additional uses it states " other uses and services may be permitted after proper notice and public hearing". Mr. Burnham wants an opinion on the use from the Borough Attorney. Our existing ordinance will not let him operate the press.. Mr. Holt moved that at the next regular meeting the Commission hold a public hearing and the occupants of that area be properly notified within 300 feet. Motion failed on the following roll call vote: Mr. Terry - NO, Mrs. Gellis - NO, Mr. Erwin - YES, Mr. Holt - YES, Mr. Welch - NO, Mr. Burnham - YES,-%M'r. Selvog - NO. Mr. Terry made a motion that a public hearing be held within seven (7) days after advertisement. Seconded by Mr. Welch. (The Commission agreed upon April 2, 1975) Motion passed by unanimous roll call vote. Mr. Lindholm asked that some of this code be sent to the attorney for rewriting and clarification be made. Mr. Holt stated that It canno be done at the present time. B. Marietta Coons/Tom Boyer - Trailer Location on Lot 4. U. S. Survey 3099 - Mrs. Coons gave a brief explanation on why they now have five (5) trailers located on the lot 4B and 4C of U. S. Survey 3099..�She stated that three of the trailers are permenant and two are on a temporary status. They have about 1} acres of total acreage.' In its present condition the lot constitutes a mobile home park and she cannot afford to put'one in. She stated that she'Id buy the license if need be; but cannot put in the requirements of a mobile home park. She does not charge rent to any of the people. The code states that you cannot have more than two trailers on a private lot, or else it consitutes a trailer park. It would have to be subdivided to solve the problem. The space between the trailers is now adequate. and they are hooked up- to city sewer and water. Mrs. Gellis asked about issuing a. temporary permit origranting an exception. The only solution would be to get rid of the excess trailers and replat the lot. The Haines have been issued a temporary trailer permit by the Building Inspector for the period of one year on Lot 4B. Mr. Holt moved that a temporary permit be issued for the placement of this additional trailer, conditional on removal of the other two (2) trailers by the first of'July, and submission by that time of the plan to subdivide so that they only have one trailer on one lot Second by Mrs. Gellis. Motion passed by unanimous roll call vote. C. Rezoning Request for Tract A, U. S. Survey 1672 from Conservation to Unclassified -'Laura M. Olsen - Mr. Erwin moved for a public hearing. Seconded by Mr. Holt. Motion passed by unanimous roll call vote. D. Variance'Request for Lot 10, Block' 1 Mr, King was present in the audience to`g his new house would be located. Mr. Holt that the setback requirement: be reduced fi to "plus or minus two feet".` Motion died4 to call for a public hearing at the special n Kodiak Townsite - Robert King - ive a brief description of where U m ' E. Letter from Kodiak Electric Association - Variance Request for Lot 14, Block 1, U. S. Survey 1995 - Mr. Holt so -moved for a public hearing at the special meeting of April 2, 1975. Seconded by Mr. Erwin. Motion passed by unanimous roil call vote. F. Rezoning Request for Lot 24, U. S. Survey 3098 - Michael Shockley from Unclassif oci to R-1 Mr. 'Shockley was present to explain to the Commission O where this 'property was located. Mr; Erwin made a motion that the Commission hold`a public hearind"on the rezoning Seconded by Mrs Gellis Motion passed by unanimous roll call voter G. Rezoning Request for Lots 1 S 2 Block'55 East Addition from R-1 to R-2 - Falcon/Wasson/Brechan - After reviewing the zoning map and because of previous requests for rezoning of this same area;: the commission decided to rezone a portion of Block�55. Mrs. Gellis made a motion to rezone Lots 1-11 'Block 55 East Addition from'R-1 to R-2 The Commission noted to Dr. Falcon and Dr. Wasson KIBS272954 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MARCH 19, 1975 PAGE 3 that just zoning Lots 1 & 2, would be spot zoning and this is not good policy for remning any are:3.evithin the,3orfiugh):'. The motion was seconded by Mr. Welch. Motion,passed byunariihious roll call"vote. This public hearing will be held at the special.meeting of'April 2, 1975. VI PUBLIC• HEARINGS A. Rezoning of allthat portion of U:, S. Survey 1682 that would be encompassed byte . our aries of the propos.eO.W000land Acres bubdivi5ion,.Secund• Addition,-. Mr. Erwin made a motion to ,rezone that portion ot 1682 trom onseryation to Unclassified'. Seconded by Mr.' Selvog. Mr. Burnham closed the regular meeting and opened the public hearing. Mr. Kouremetis stated that or. his contract -it stipulated that there would be.,no trailers put on the IOts. He furthei;nated:that his contract only mentioned U. S. Survey`1682,' anti nothing•was mentioned -of Woodland Acres First Addition . He would like it if the other subdivision had the same restHction:on trailers also.- He also mentioned that Mrs. Nachtweigh stated that there'.would•be no trailers at`all on the, subdivision. Mr. Furin stated that the main reason he bought the property is because he'believed,"that no tra,il.ers would be put on any of the survey and on their contracts it says U. S. Survey 1682. Mr. "Burnham,dosed the put3ite hearing ands recaah%rz:he regulwwmeetiracj. Mr'rHolt!moved that.the motion pe lauded until snore information. econde yLMvirr:" Motion pass y ca I I Vote i t was noted that there 'needed to be a c arificaUon o the It sales contract. B. .Trailer Park located on Lot 13, U. S. Survey 3098 = "Tony Perez 7 Mr. ,Terry moved to approve that a'trailer pa,r,k.be located on Lot 13, U. S, Survey 3098. Seconded by k1r. Ervin. Mr,: Burnham ,closed the regular meeting and opened the public hearing.' There being,no comments, Mr. Burnham closed the public hearing and reconvened the regular meeting, Question beinq:called for.motion r passe.t by unanimous roil call vote. VII . SUBDIVISIGNS, PREL?MiINARY A. .►J. 5. Sur✓ey1`27 - Dr: Bob Johnson - Mr. Jones recommended that this preflminary subdivi'ston be tabled, .because there has been`a change in the road layout and the'subdivider has not,.made up his mind as to how he wishes it to go,. Mr. Terry made a motion. to table. Seconded by Mr. Erwin. Motion passed by unanimous roll call vote. B, Lot 24, U. S. Survey 3098:- Michael Shockley - Mr. Ecklund stated that there is an easement from lot25; to hook up to Sewer and water. -Mrs. Gellis moved to approved the subdivision of Lot 24, U. S. Survey 3098. Seconded by Mr. Welch. Motion passed by unanimous roll call vote. i C. Tideland Tract N-17A - Ursin Seafoods - Mr. Ecklund noted that this was -being done so that the tidelands are extended in order for it to be even with both ;;tideland tracts 'on'each side. Mr„ Terry.made a motion to accept the subdivision. Seconded by Mr. Welch. Motion passed by unanimous roll call vote. Vill SUBDIVISIONS FINAL_ Ij A. Lot .11D, Block7, Bells Flats,Subdivision - William'Fea'rn - Mr. Terry moved for approval of the final plat of Lot 11D, Block 7, Bells Flats Subdivision. .Seconded,by Mrs. Gellis. Motion passed:by unanimous roll call vote.. B. Lots c. & 7,' Block 4 Miller Point Subdivision -'Pugh/Borough - Mr,., Erwin moved to approved the final plat. Seconded by Mr. Holt. Motion passed by unanimous roil call vote. KIBS272856 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION PAGE 4 MARCH 19, 1975 . IX P&Z ITEMS A. Letter from League of Women Voters - Re: Camper/Trailer Park - Mrs. Gellis stated that they were camping in the watershed area, asT summer and a place is needed where they are confined to one specific area. Ambercrombie Park was again suggested. Mrs. Gellis stated that the League of Women Voters has written to the State and they have stated that Ambercrombie Park cannot be utilized as a camper park. Mr. Burnham noted that this situation for establishing a camper park has come up every year and nothing has ever been done. Mr. Gariss stated that he has written the State and asked if any funds were available on such a project. Mr. Gariss stated that after some research, he has reached an understanding on what land the Borough owns "and has put it on a map and can show the commission.. Mr. Burnham stated that a committee needed to be formed with a definite purpose to explore every possible site and report back to the Planning and Zoning Commission. He asked thati. the planner pick his committee, along with someone designated from the League of Women Voters and report back to the Commission within sixty days. B. Letter from Dept of Army - Condition for Issuing Permits - Information only. There were no comments. C. =Change in Subd'Fvision Requirements - Will Gariss - Mr. Terry noted that ` the 1 }times the cost of the utilities for that lot was not in the new requirements and was not correctly put in the ordinance brought before the Assembly. Mr. Terry noted that he thought that it was the intent of the Commission that the utilities to be put in a subdivision would be 11 cost of each lot within the subdivision and not the whole subdivision. He further noted that what the Commission is trying to do is protect the individual when he is buying land from a, subdivider without putting great harm to the subdivider. Also with the extra alternatives, the bank will back an, individual buying these lots, because they will have the assura�e that the utilities will be put in.. Mr. Gariss— 'a noted the alternatives he has put in as a change in Chapter 16.24. which are: (1) surety bond; (2) provide cash or any other instrument readily convertible into cash for face value with with the Borough-, City.or in escrow with a bank. (3) subdivider may offer as guarantee land or other property, including stocks, or bonds; (4) subdivider shal I provide, from a bank or other reputable institution or individual subject to approval of the Commission a letter of credit; and/or (5) subdivision is developed into several sections, the Commission may, at its discretion, waive the use of a guarantee on the initial sections, provided that such sections may not be larger than 20 lots or 50% of the total number of lots in the subdivision whichever is less. Mr. Gariss stated that he will note the changes requested by the Commission. Mr. Burnham stated that this be brought back to the Commission at the next regular meeting. D. Letter from Department of Highway- requesting a name for the extension of Rezanof Drive. , It was suggested that it be called Rezanof Drive since it was just an extension. . Mr. Ecklund suggested that it be turned over to the Borough Engineer as it is his duty to survey all Borough propertyand roads. `Mr: 'Holt recommend that this matter be turned over to the Borough Engineer for naming. E. Miller Point Subdivision, Block 6, Lot 1; and U. S. Survey 3464 The Commission requested to find out how long his use permit was issued for. - to complete the project and also determine if he is finished with the project according to the UBC? Mr. Terry stated that he had thought Mr. Grothe had sent a letter to the Borough Office stating that he, was through with the project. He suggested that it be checked out with the Borough Clerk. The KIBS272857 A MNAN tUAND a3RgUQW PLANNING AND ZONING COMMISSION MARCH 19, 1975 PAGE 5 Commission also requested that the agreement made between Mr. Grothe and Mr. ECeimnitz as stated in Mr. Grothe's letter be clarified for the record. Mr. Erwin made a motion that the completion of the project be finished by June 1 1975 Motion died for lack of second. The commission also requested a copy of the previous letter of intent made by Mr. Grothe. Mr. Burnham stated that this matter will be on the agenda for next months meeting and that all pertinent data be brought back for review and action. F. Mr. Erwin mentioned that the City will be closini the Borough Building and Rezanof and suggested thi discussion, Mr. Erwin made a motion that the Planni it to the attention of the Borough Assembly that the c to Rezanof is definitely important anri that it he ., i� and unan X AUDIENCE COMMENTS XI ADJOURNMENT as a The meeting was adjourned at 11: 15 p.m. ATTEST: Borough Clerk, Norma L. Holt APPROVED: the cross -street between and Zoning ss-street frc ned as a tho r. Holt. Mo a. Atter some Commission b KIBS272859 to