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1980-03-19 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 19, 1980, Regular meeting Borough Assembly Chambers I. CALL TO ORDER - The meeting was called to order at 7:35 p.m. II. ROLL CALL Commissioner's Present Mr. Baker Mr. Ball Mrs. Crowe Mr. Hill Mr. Erwin Mr. Perez (arrived at 7:40) Mr. Pugh III. Minutes - March 19, 1980 Seconded by Mr. Erwin. Mot IV. APPEARANCE REQUEST - None V. UNFINISHED BUSINESS - None VI. PUBLIC HEARINGS A. ZONING Also Present - Mr. Milligan Mr. Gordon Mrs. Jones Mrs. Moen Mrs. Crowe moved to accept the minutes as presented. Mr. Milligan asked that case Z-80-006 be put off until staff checked on the zoning. Commission agreed. r 1. Z-80-007. A Petition for a variance from the requirements of Title 17, section 17.12.040 to permit the construction of a single family dwelling structure which will project approximately fifteen (15) feet into the required front yard on lot 10, Noodland Acres First Addition in an unclassified zoning use district. (Daniel Busch) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the Planning Department. Mr. Pugh closed the regular meeting and opened the public hearing. Mrs. Busch told the Commission she was present if they had any questions. No questions from the commission. Mr. Pugh closed the public hearing and reopened the regular meeting. Mrs. Crowe moved to grant a variance to permit the construction of a single family dwelling structure which will project approximately fifteen 15 fee into the _required front yard on lot 10, Woodland Acres First Addition in an unclassified zonino use district. Seconded by Mr. Hill. Motion PASSED by variance be met as submitted by Mr. 2. Z-80-008. A petition for a variance from the requirements of Title 17, r sections 17.18.040 B-1 and 17.36.010 existing uses continuation provisions to permit the construction of a shop building on a temporary foundation which will project approximately four (4) feet into the second street side yard on a corner lot on lot 26, block 3, Erskine Subdivision in an R-3 zoning use district. (John M. Waller) STAFF REPORT: 11r. Milligan presented the staff report based on a memorandum prepared by the Planning department. Mr. Pugh closed the regular meeting and opened the public hearing. Mr. Waller in favor of the request. Reiterates his variance applicantion answers and Harry's staff report. KIBS225084 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular meeting, March 11R, 1980 Page 2 Discussion by the Commission. Mr. Pugh closed the public hearing and reopened the regular meeting. Discussion on siding. Mrs Crowe moved to grant a variance to permit the construction of a shoo buildingon a temporaryfoundation which will ro ect a proximately four 4 feet into the second street side yard on a corner lot on lot 26, block 3 Erskine subdivision in an P-3 zoning use district with the provisions that the applicant put on his application be meet with the exception of the sidino in that it should be similar to the house and that the four conditions of the variance have been met Seconded by Mr. Perez. Plotion PASSED with a 6-1 vote. 70r. Baker, voted NO and Mr. Ball, Mrs. Crowe, Mr. Hi11, Mr. Er%,tdn _ :;r. Perez_;.nc ^°ueh voted YES. :;r. ^�,'._�r stated. r';y he vn-ecl 'o, as he lt that "OereV!as enough room to build the s`.:r1Ctu e l^lu0'_4G G VcY'la:?Ce) z•- 2DO(-.` A petition for a variance from rca r vents of Ti'-le 17, sections 17.18.040 B-1 and 17.13.040 C to o:u-ruction -)f a shop addition to an existing dwelling structure. lice propuse6 addition will project approximately three (3) feet into a six (6) foot required yard. The existing house and proposed addition will also project approximately fifteen (15) feet into the required rear yard on lot 5, block 3, Island Lake Subdivision in an unclassified zoning use district. (Ross Kendall) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the planning department. Mr. Pugh closed the regular meeting and opened the public hearing. Mr. Kendall - spoke in favor of the request. Mr. Kendall pointed out an error in typing. Explains that you enter the house from the side so there is about four (4) feet to spare. Stated that this fall after fishing he and his brother built the shop and did not think anything about getting a building permit until a neighbor asked him if he had a permit. Had to get a variance as I am closer than six feet to the side yard. Realized he would have to move a wall as he is closer than he thought to the side yard. Asked for a variance to move the wall in three feet rather than the full six feet. Mr. Hill questioned Mr. Kendall Did you know you were building on the propertyline? Mr. Kendall no, but I knew I was close. Mrs. Arndt - against the request as building was built without a permit. Questions easements, side yard requirements etc.. She feels that every- one should obey the rules that the Borough has or you should not grant any of the variances if they are built without permits. Mr. Gordon - explained how he found out about the shop of Mr. Kendall's. Noticed the shed so he went and talked to Mr. Kendall about a building permit. was in a hurry after fishing to work on his gear and is just now appling for a variance. Discussion between Mr. Kendall and the Commission about relocating the r front entrance. Mr. Pugh closed the public hearing and reopened the regular meeting. Discussion between Mr. Milligan and the Commission on alternative locations for the shop. KIBS225085 Mr. Baker - Given the position that I took a few minutes ago on Mr. Waller's variance I obviously have problems with this variance. For the fact that we have a side yard violation and the fact that we are appling for a variance after the fact. It would appear to me obviously that other nnnrnnrhoc nrohahly wniold have been more expensive but at this point KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES R^c;alir -eetinq, March 19, 1980 Pare 3 r F "r. Baker moved to grant a variance to oermil -'ia cons�ructio,^ of a addition to an existing dwellin structure. Tire ro osel audition v project approximately three 3 feet into a six 6 foot required yard. The existing house and proposed addition will also project a fifteen 15 feet into the required rear yard on lot 5, block 3, Isl Subdivision in an unclassified zoning use district. Seconded by Mr. Motion FAILED with .a 4-3 vote, Mr. Baker, Mrs. Crowe, Mr. Hill and V voted NO and Mr. Ball Mr. Pugh and Mr. Perez voted YES. B. SUDIVISIONS - None C. OTHER - None VII. OLD BUSINESS - None VIII. NEW BUSINESS ximatel 1. Proposed Ordinance #80-9-0 relating to changes in the zoning dealing with unclassified zones. Assemblyman Mr. Ogg) (Case Number Z-80-011) STAFF REPORT: Mr. Milligan presented the staff report based on an Ordinance prepared by fir. Ogg. Discussion on the Ordinance between Mr. -Milligan and the Commission. Mrs. Crowe moved to recommend to the Borough Assembly that they adopt an dinance changing the name of the zoning district that is now Called nclassified" to "Rural Residential" but that the Assembly do not cha y of the provisions within that land use classification pending our commendations with the new zoning Ordinance. Seconded by Mr. Hill. SSED with a 6-1 vote with Mr. Erwin voting NO and ilr. Baker, Mr. Bal s. Crowe. Mr. Hill, Mr. Puqh and Mr. Perez voting YES. t the map be -U is the Ordinance No. SSED with a 6-1 vote and Mr. Ervain voted N0. Mr. Pugh declared a five (5) minute recess. 2. Z-80-009. An amendment to the Kodiak Island Borough Zoning Ordinance on off- street Parking requirements. (P & Z Commission) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the planning department. Discussion on off-street Parking requirements between Mr. Milligan and the Commission. Mrs Crowe moved that the Commission recommend to the Borough Assembly for the adoption of the amendments that are included in the Kodiak Island Borough Zoning Ordinance on off-street parking requirements as discussed tonight with the corrections on #9 being for every three quest rooms as opposed to six #14 was to have read but not less than five parking spaces with a minimum of seven and #15 mini -warehouses would be required to have one parking place per storage unit Seconded by Mr. Perez. Mr. Milligan suggests an amendment to supper markets between of and floor and insert the word retai Motion PASSED by unanimous roll call vote._ 3. 0-80-001. A request for installation of powerlines in the Phillips Street right-of-way. (KEA) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by A1r. Crowe and the planning staff. KIBS225086 Mr. Baker moved to approve a request to KEA for installation of powerlines in the Phillips Street right of way. Seconded by Mr. Erwin. Motion PASSED with a 6-1 vote, Mr. Baker, Mr. Pugh, Mr. hill, Mr. Fr!in, firs. -rove an, "Ir. Ball KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular meeting, March 19, 1980 Page 4 4. ou u10. An amendment to the Kodiak Island Borou4 rrc'ira�ce on R-_s .dential Zoning Use District. (P R Z Commission) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the planning department. tor. Ball moved that the Commission recommend to the Boraurh 'sser:ibly for t`e adeption of the proposed zoning change in the residential zoning use distric f" Seconded by Mr. Perez. Motion PASSED with a 6-1 vote Mr. Erwin voted NO, i and Mr. Baker Mr. Ball Mrs. Crowe Mr. Hill, Mr. Perez and Mr. Pugh voted YES. IX. INFOR?MATION AND REPORTS A. Communications 1. Letter from the City of Kodiak regarding Dog Bay/Near Island Bridge. B. Reports 1. Chairman's Report Mr. Pugh: 1) Sidewalk on center street known as Fisk's hole be investigated. 2) monthly building report from Mr. Gordon. 2. Committee Report 3. Staff Report a. Borough Manager b. City !Manager r c. Planning Director - Information report on signs. Fees for zoning Ireview. Mr. Pugh suggest to draft an Ordinance on fees for zoning reviews. Resolution on State Parks. Mrs. Crowe moved for the adoption of the Resolution recommending the Kodiak Island Borough Assembly request that the Alaska State Division of Parks to assign a full-time park ranger within the Kodiak Island Borough. Seconded by Mr. Ball. Motion PASSED by unanimous roll call vote. X. AUDIENCE COMMENTS - None XI. COMMISSIONER'S COMMENTS Mr. Hill - Sheffield house parking questioned at last meeting. Discussion between Commission and Mr. Gordon . Mrs. Crowe - None Mr. Erwin - Road at the end of Lilly Lake old hanger no one is stopping at the stop sign by the runway. And land out at Selonie Creek for crab pot storage. Mr. (Milligan stated that any investigations must have a majority vote for it to r get looked into. I Mr. Pugh moved that staff look into the road at the end of Lilly Lake and the land out at Selonie Creek for crab pot storage. Seconded by P-lr. Ball. Motion PASSED by unanimous roll call vote. Mr. Pugh - Mr. Pugh moved that the staff investigate whether through the Borou or through the City that any potential erosion underneath the sidewalk on cente street who's responsiblity is it to stop it and what can possibly be done to pu some fill in the hole that is there right now to prevent further erosion in the sidewalk and preventing injury to someon. Seconded by Mr. Perez. ?_lotion P"SSE by unanimous roll call vote. F F KODIAK ISLAND BOROUGH PLANNING AND ZONING COiM9ISSION MINUTES Regular meeting, Plarch 19, 1990 Pave ';r. EcLer - Mr. Baker moved to have staff contact our ai_aorney vith respect to the planning and zoning or borough vacating easements or right of was provided by 1 ueraT atof Law prior to the City or Borough aGuiring land. This is concerm na a piece OT property in Jackson's Trailer Court. S,2conded by r1r Ball f otion IS? ED y unanimous rol l call vote. ilr. Balser also moved that staff (Building Official) review the status of zoning exceptions that have been granted by the Commission and prepare a status report of that review to show that we are up to date on zoning exceptions. Seconded b, Mr. Ball. Motion PASSED with a 4-3 vote, Mr. Ball, Mr. Hill and Mr. Perez vote NO. and ''Ir. Baker. ilrs. Crowe. Mr. Erwin and Mr. Pugh voted YES. Mr. Perez - No comments. Mr. Ball - Mr. Ball moved to have an excutive session. Seconded by Mr. Hill. Motion PASSED by unanimous roll call vote. Mr. Pugh closed the meeting to go into an excutive session. Mr. Pugh stated the reason for the excutive session was to discuss a possible zoning violation which if publically discussed might hurt the character of some of the individuals involved. No action was taken. XII. ADJOURNMENT - Mr. Pugh adjourned the meeting at 11:00 p.m.. ATTEST: BY • & Z ecre a KIBS225088