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1975-05-21 Regular MeetingKodiak Island Borough Planning and Zoning Commission Meeting May 21, 1975 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. II ROLL CALL r- Present Absent r-- Mr. John Burnham, Chairman Mr, Jerry Holt Mr. Tom Terry Mr. John Welch Mr. Gene Erwin Also present was Will Gariss, Planner and about ten people in the audience. III MINUTES FROM PREVIOUS MEETING A. P&Z - Regular - April 23, 1975 - Mr. Holt moved for approval of the minutes. Seconded by Mr. Welch. Motion passed by unanimous roll call vote. IV MINUTES FROM OTHER MEETINGS A. Assembly - Regular - May 1, 1975 - No Comments Were Voiced. V COMMUNICATIONS E CORRESPONDENCE A. Letter from Rolland A Jones Re: Naming of Extension of Rezanot Drive - Mr. Jones recommended that the extension of Rezanof Drive be called Rezanof Drive. Mr. Holt so moved to accept this recommendation. Seconded by Mr. Erwin. otion passed by unanimous roll call Mvote. B. Letter from Kodiak Retailer's Association - Re: Rewrite Section 17.06.320 (Home Occupancy) as it affects Residential Zoning - Mr. Holt moved that this e referred to the next work session for further study. Seconded by Mr. Erwin. Mr. Terry asked if the City of Anchorage has done this and if so, he would like a copy of this at the work session for review. Question being called for, Motion passed by unanimous roil call vote. C. Letter from Seventh -day Adventist Church - Re: Building of Church in Russell Estates Subdivision (does not meet setback requirements) - Mr. Cooper was present and he explained that the church would like the 30 oot setback requirement waived on one side of the lot. He further stated that the main reason for this request is to avoid a swampy area on the lot and steep side angles. After further discussion, Mr. Terry moved that we accept this request with the stipulation that the lot be vacated and replatted and that the two lots become one Dine oetween r° unanimous roll ca D. Letter from Dan Graham - Placement of Greenhouse on Lot - Mrs. Graham stated that she was told by the Building Inspector that the building had to be moved back. This lot is too small for a residential building and the place where the Greenhouse is presently located is in the direct lighting of the sun and any other location on the lot would be useless to have one. The Commission noted that if the building was moved back six (6) feet and the lot line vacated then this would be conforming to the cote. Mr. Holt moved for approval with the provisions that a vacation and repiat o'th,; 'ot line between the house and the greenhouse be done and that the green house be set back 12 feet from the north boundary of the of the lot (or boundary of the lot nearer to the road) Seconded by Mr. Terry. Motion passed by una ,imous roll call vote. KIBS272869 Kodiak Island Borough Planning and Zoning Commission Meeting M" 21, 1975 Page 2 VI OLD BUSINESS A. Letter from Mike Shockley Re: Reconsideration of Rezoning of Lot 24, U. S. Survey 3098 - The minutes of the City Council meeting on May 8, 1975, stating that they were tabling his request for annexation until the next meeting. Mr. Shockley stated that the reason they tabled the request is because they did r' not have the ordinance on assessments made up yet. Mr. Gariss stated that the Commission should look closely in the near future or the zoning of this area from Lot 24 on down to the business district and possibly think of rezoning to R-1 . Mr. Holt noted that there are two different zones in conflict, one business heading out from town and Residential heading towards the business. He further noted that there is plenty of area on Kodiak residential, but not enough area zoned for business. It is also his feeling that there is no change in the situation of the rezoning of this lot, since it has not been annexed into the city limits. Mr. Holt moved to table for reconsideration upon receipt of the indicated paperwork for annexation from the City of Kodiak. Seconded by Mr. Erwin. Mr. Shockley stated that he doesn't know what swampyness had to do with the rezoning of the lot. He further stated that the sewer is only 155 feet from Lot 24 and he owns the lot next to Lot 24 and so an easement is assured across this property. Mr. Shockley stated that without a certificate of occupancy permit he could not get financing through. the bank. Mr. Burnham asked about the control after the permit was issued. Mr. Lindholm stated that he had no control after he issued the permit, so actually they could move in before the sewer was put in. Mr. Shockley felt that residential was coming along this area more than business was. The commission recommended that this area along U. S. Survey 3098 be studied at a worksession to see about rezoning it. Question being called for motion passed on the following roll call vote: Mr.Welch - NO, Mr. Erwin - NO, r Mr. Holt - YES, Mr. Terry - YES, and Mr. Burnham - YES. It was noted that Lots 15-27 will be studied at the next Planning and Zoning Work session evaluate it's rezoning. B. Letter from Margaret Emmons Re: with letter from Island Plumbing E Heating (installation of sewer line to Lot 5, U. S. Survey 3098) and approval of final plat - The letter from Isiand Plumbing stated that they will not begin construction until July 20th and after some discussion of the Commission, Mr. Erwin moved that this plat not be approved until physical construction of the sewer line to the property line was completed. Seconded by Mr. Holt. Motion passed by unanimous roll call vote. C. Letter from the City of Kodiak Re: Lot 1, Block 1, Leite Addition - Ray Beck - It was noted that Mr. Beck had 21,000 square feet on his property and was big enough to subdivide. There is R-2 property across the street from Mr. Beck's lot. The Commission felt that the letter from the City of Kodiak was not specific enough to warrant any decision. It was mentioned that even though the property was rezoned he could not build the duplex until it was properly subdivided and in the letter from the City, Mr. Beck did not have any intention of subdividing. Mr. Holt moved to reject this request for the same reason as last time. It was noted by Mr. Holt that there was no proper request on the floor. Mr. Holt withdrew r" his motion. Mr. Lindholm felt that the man should be compensated for. Mr. Holt moved that this be tabled and that a request be sent to the City of Kodiak asking or a specific that the Commission can consider. Seconded by Mr. Terry. The Commission noted that he can rezonie and subdivide his lot for a duplex. Motion passed by unanimous roll call vote. There was a ten m'.::,! -. ro^csc -t c: r p.m. VI PUBLIC HEARINGS KIBS272870 A. Vacation and Replat of Lot 16, Block 1, Airpark Subdivision and Lots 4, 5, 6,8, and a portion of 7, Allman LaLande Subdivision and replatting to Lots 4A, SA, 6A, 7A, Allman LaLande Subdivision - Mr. Burnham read the Kodiak Island Borough Planning and Zoning Commission Meeting Page 3 May 21, 1975 mintues from the previous Planning and Zoning meeting. Mr. Holt moved for approval. Seconded by Mr. Terry. Mr. Burnham closed the regular meeting and opened the public hearing. There being no comments, he then closed the public hearing and reconvened the regular meeting. Question being called for, motion passed by unanimous roll call vote. VIII SUBDIVISIONS, PRELIMINARY A. Tract "A", -Portion of U. S. Survey 1682 - Island Resources - Mr. Erwin asked where the lake was within this tract. Mr. Ecklund stated that it was on lots 9, 10, and 11 . It was noted that the road to the beach will remain. Mr. Holt moved for approval of the preliminary plat. Seconded by Mr. Terry. Motion passed by unanimous roll call vote. B. Vacation and Replat of Lots 7, 8, 9, Block 5, Aleutian Homes Subdivision - In the previous subdivision 78A was supposedly the park area within this block, but after some research, it was found out to be that 8 and 9 are the park and there is a house on lot 7, so Mr. Graber has asked for a change because he is giving it to the City of Kodiak. Mr. Holt moved for approval. Mr. Holt withdrew his motion. Mr. Erwin moved to table for the work session. Motion failed on the following roll call vote: Mr. Erwin - YES, Mr. Holt - YES, Mr. Welch - NO, Mr. Terry - NO and Mr Burnham - NO. Mr. Terry moved to accept the vacation and replat. Seconded by Mr. Welch. Motion passed on the following roll call vote: Mr. Welch - YES, Mr. Erwin - NO, Mr. Terry - YES, Mr. Holt - NO, Mr. Burnham - YES. Ther Commission asked Mr. Gariss to check out any information on this request to see if it is legal. Mr. Terry amended his motion, with concurrence of the second to approval for a public hearing also. r' C. Subdivision of a portion of U. S. Survey 1396 - Lee Russell - This land is located in front the reservoir and on the east side of the road leading into Baranof Heights Subdivision. Mr. Holt moved for approval of the preliminary plat. Seconded by Mr. Erwin. Motion passed by unanimous roll call vote. D. Vacation and Replat of Lot 24 and 25, Russian Creek Subdivision - This is being done because of the tentative Native Allottment claim being filed in this area and is also vacating a street. Mr. Terry made a motion to accept this and hold a public hearing at the next regular meeting. Mr. Lindholm asked why a public hearing had to be he[d. The Commission informed him that this was required procedure. Mr. Lindholm noted that this was slowing up his business. He wanted it to go to the Assembly for approval. Question being called for, motion passed by unanimouroll call vote. IX SUBDIVISIONS, FINAL KIBS272871 A. Pasagshak River Subdivision, Lot 3, U. S. Survey 4970 - Joe Zentner - Mr. Terry made a motion to accept the final plat. Seconded by Mr. Welch. Mr. Erwin asked if the road were put in. Mr. Ecklund stated that they were not, but that these were only recreational tracts. Mr. Terry withdrew his motion with ►— approval of the second. Mr. Zentner was present in the audience and stated that you can drive on this land and he has been doing so for 30 years, it is flat grass land. Mr. Ecklund noted that. Mr. Zentner has an easement over the federal grazing lease. Nlr. Terry read from the Code to Mr. Zentner the stipulation that the road must be physically put in or bonded, and P&Z has to uphold the Code. The Commission noted that a covenants could be put on the deed limiting residential dwellings for permenant use not be put in Mr. Gariss suggested a recreational ordinance be drawn up for these kind of subdivisions, designating recreational districts. The Commission instructed Mr. Gariss to draw up the emergency ordinance and also have Mr. Ecklund put in a cul-de-sac within this subdivision. Mr. Gariss noted that this area is probably within the floodhazard area determined by the Corps of Engineers. Mr. Terry moved to table until the Commission gets some further information on the recreation:,] ordinance. Seconded by Mr. Erwin. Motion passed by unanimous roll call vote. r� r Kodiak Island Borough Planning and Zoning Commission Meeting Page 4 May 21, 1975 B. Anton Larsen Island, U. S. Survey 1672 - Okey Chandler - This subdivision is located on a island and there is ro physical access by land. Mr. Welch moved to approve as is. Motion died for lack of second. Mr. Holt moved to table until we get some further on the recreational ordinance. Mr. Terry seconded the motion. Mr. Welch stated that the previous subdivision and this was were two completely different situations. Mr. Chandler stated that there is no road within a mile and a half of this land. There are no bridges to this island and there never can be. Mr. Burnham stated that he was in agreement with Mr. Welch in that this subdivision was physically different from Mr. Zentner's subdivision. The Commission noted that they could send this to the Borough Assembly with their approval. Mr. Holt withdrew his motion with concurrence of the second. Mr. Holt moved that this request be forwarded to the Borough Assembly for final determination with the recommendation that it be approved because the area is surrounded by unusual conditions so that strict applications coul!' not h, apr' d with Sarhinn is nt0 of the Borough Code. Seconded by Mr. Welch. Mr. Gariss stated that the Commission should not make a special exception. Question being called for, motion passed on the following roll call vote: Mr. Erwin - NO, Mr. Terry - YES, Mr. Welch - YES, Mr. Holt - YES, Mr. Burnham - rtD. X P&Z ITEMS A. Memo from Building Inspector - Re: DeWitt Fields Trailer - The city does have a regulation on a size o trai ers wit in ity imrtsecause the Commission did not have the square footage of the iot and size of trailer, they requested that it be brought back to the next Planning and Zoning meeting. B. Copy of Letter written to Bob Greene regarding Afognak Townsite - There were no comments on this C. Letter from Mr. Jacobson - Re: Removal of Trailer of of Lot and asking for an Extension - After some discussion Mr. Holt moved to reaffirm the P&Z's previous action on this case of only having three trailers on the lot by July 1, 1975. Seconded by Mr. Terry. Motion passed by unanimous roll call vote- D. Mr. Holt wanted to know about the operation of the sawmill in the Island Lake area, this was definitely a commercial venture. Mr. Gariss noted that that they were violating the ordinance and that Mr. Grothe was violating the stop order and was under previous obligation to grade the slope and that it was up to the Borough to require this. Mr. Gariss suggested that a consulting firm be brought in and survey the area to see what can be done. Mr. Lindholm stated that this matter should be taken to court. The Commission stated that the building official should issue a citation to the sawmill operation and that he has to power to do so. E. Mr. Lindholm explained the difficulties within the Code on the definitions and qualifications of mobile homes. Mr. Gariss noted that he was presently doing a survey on nailer parks. He noted that one complaint was the road width requirement within them. Mr. Terry made a motion to approve the final plat on the vacation and replat of Lot 16, Block 1, Airpark Subdivision and Lots 4, 5, 6, 8 and a portion of 7, Allman LaLande. Seconded by Mr. Holt. Motion passed by unanimous roll call vote. XI AUDIENCE COMMENTS KIBS272972 XII ADJOURNMENT - The meeting was adjourned at 11: 40 p.m. ATTEST APPR91VED: Norma L. Holt, Borough Cierk iiohn Burnham, Chairman Kodiak Island Borough Planning and Zoining Commission Minutes Page 5 May 21, 1975 Addendum to Minutes of May 21, 1975 Communications and Correspondence r— E. KEA Request for Utility Easement over Block 39, East Addition - Mr. Gariss stated that he inspected this area and recommended granting of the easement. It was noted that the Borough Assembly grants the final approval. Mr. Terry made a motion to accept the request for a utility easement over Block 39, East Addition, for KEA. Seconded by Mr. Holt. Motion passed by unanimous roll call vote. KIBS272873 Fl-