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1980-04-16 Regular MeetingF i F KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES APRIL 16, 1980 Regular meeting, Borough Assembly Chambers I. CALL TO ORDER - The meeting was called to order at 7:30 p.m.. [1 114Wilal44 Commissioner's present Mr. Baker Mr. Ball Mr. Hill Mr. Erwin Mr. Perez Mr. Pugh III. MINUTES - March 19, 1980. roil ca IV. APPEARANCE REQUEST - None V. UNFINISHED BUSINESS - None VI. PUBLIC HEARINGS A. ZONING Commissioner's absent Mrs. Crowe (Excused) Also present Mr. Milligan, planning Director March 19. 1980 KIBS225089 1. Z-80-012. A request for a variance on lot 33, block 1, Aleutian Homes Subdivision from the requirements of section 17.45.030 to construct a new porch. (Chong Ung Kim) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the planning department. Mr. Pugh - opened the public hearing. No one came forward to be heard. Mr. Pugh - closed the public hearing. He stated that Mr. Kim had been killed in a work related accident and his family had requested this matter be postponed until the next regular meeting. was moved by Mr. Baker that this item be B. SUBDIVISIONS 1. S-80-002. Proposed subdivision of lot 4, block 5, Bells Flats Alaska Subdivision into three lots (4A, 4B, and 4C) of approximately 1.02 acres each. (Robert Brooks) (PERLIMINARY) 2 STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the Borough Engineer. Mr. Pugh - closed the regular meeting and opened the public hearing, hearing no comments Mr. Pugh closed the public hearing and reopened the regular meeting. S-80-003. Proposed vacation of lots 14A, 14B, 14C and 14D, block 7, Bells Flats Alaska Subdivision; and replat into five lots (Lots 14A-1, 14C-1, 14D-1, and 14D-2) varying from approximately 0.95 acres to 2.74 acres each. (Jefferey R. Povelite) (PRELIMINARY) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the planning department. F KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 16, 1980, regular meeting Borough Assembly Chambers. Page 2 3 A discussion developed between the Commission and Mr. Povelite in ways in which the property could be developed without a lot area variance. Mr. Pugh closed the public hearing and reopened the regular meeting. S-80-004. Proposed Elderberry Heights Subdivision, second addition (A portion of unsubdivided USS 1396) consisting of eleven lots (Lots 1-11, block 3) varying from 7,200 to 8,580 square feet each and included roadway. (Lenhart J. Grothe) (PRELIMINARY) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the Borough Engineer. He also read a letter into the record from the City Engineer dated April 16, 1980, indicating several concerns expressed by the City of Kodiak and a letter from Mr. Stanley Fischer, an adjoining property owner. Mr. Pugh closed the regular meeting and opened the public hearing. Mr. R.T. Ryan owns lot 2, block 1, Elderberry Heights Subdivision. He objected to the size of the proposed lots within this addition. He felt the lots should be larger. Mr. Pugh closed the public hearing and reopened the regular meeting. A discussion developed concerning the points raised by Mr. Stafford. Mr. Pugh declared a ten (10) minute recess. 4. S-80-005. Proposed Lakeview Subdivision, a portion of unsubdivided USS 1396, consisting of fifteen (15) lots (lots 1-15, block 1) of approximately 8,400 square feet each. (Lenhart J. Grothe) (PRELIMINARY) STAFF REPORT: Mr. Milligan presented the staff report. He submitted the recommendations of the Borough Engineer. Discribed the area being considered and its adjacent land uses. He submitted comments from the City Engineer contained in a letter dated April 16, 1980. He also discussed the status of the City's airport approach and sideslope Ordinance and its effect on this property. He submitted a letter from the Borough Attorney dated September 10, 1979 setting forth his opinion as to the legality of the City Ordinance. Mr. Pugh opened the public hearing he asked for those in favor to speak first. Mr. Grothe requested he be allowed to reserve comment until after the other individuals testified and completed their presentations. The Chairman agreed to his request. Next Mr. Pugh asked if anyone wanted to speak that was opposed. Mrs. Carol Lechner, City council member statedshe was present to represent the Citv Counr.il and Citv nnlirv_ Shp nuntpd frnm the r.ity Cndp rnnrprninn KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 16, 1980, regular meeting Borough Assembly Chambers Page 3 an aerial map of the area reflected the back of lot 1 lined up with the side of Larch Street on the Maple Street end. She stated the City Ordinance related to the Municipal Airport was adopted in 1973. Mr Grothe acquired the property in 1978 he should have known of the restrictions when he acquired the land. She stated the City objects to the preliminary plan because of the depths of the lots and because if buildings were allowed to occour on the majority of the lots it would violate the approach zone and lead to the deterioration of the safety and approach zone of the airport. Mr. Walter Johnson owner of three lots across the street. He indicated that he was opposed to the subdivision based on the avd W orn iapproach zone(even though he would probably profit if the subdivision were approved. He indicated development would hinder aviation activities and could lead to the death of pilots, passengers and residents. The pilots need a fresh water place to land. He urged the Commission to protect the lake for the pilots and not to allow development to obstruct the flight path. Bill Schwaab pilot, and Larch Street property owner. He concured with Mrs. Lechner's comments from the City. He stated if houses were built someday an airplane will probably hit one. He indicated some airplanes need this area for take offs and landings. He stated the lots are so steep that the drop off from Larch Street is such no one will be able to have a driveway. He said Larch Street is already over crowded with parking. If lots were filled then it would compound the problems for planes. He said the Commission had to take the interests of the community above the regulations by the Borough. He said for thirty (30) years the airport has served the community and the entire island. He felt the airport should be protected above allowing houses to be built. He said if houses are built one will be hit and someone will be killed. Mr. Dan Olson Larch Street property owner. He is concerned and opposed to development that would interfere with aviation_ activity. Mr. Ralph Wright Flyrite pilot strongly opposed to proposed plat and danger to lake aircraft activities. He said if there is an accidentdue to buildings on these lots the pilot will not be responsible. He felt the Commission should not let this happen. Mr. Douglas Ruberg Chief pilot, Island Air service. Concurs with all the opposition comments and agrees that if the land is developed sooner or later there will be a fatality. Mr. David Clendermac works for F.A.A. wanted record to show he was not speaking for F.A.A. or was he in any way representing F.A.A.. He was speaking only as a Lilly Lake property and air craft owner. He shares the opinions of others. He said the alternative to developing the subdivision is 'to close the lake. He said that all over the country the trend has been to close small airports and consolidate them, this has not always worked. Kodiak has the opportunity to avoid that happening here. Mr. Grothe came forward stating he is the owner of the land under consideration It, has been zoned R-2 by the Borough who has zoning power. He now wishes to subdivide the land and develop it consistent with that zoning. He agreed with the concerns of the persons who spoke and asked if it is up to the individual to bear the brunt of providing a safe landing zone on private property for the general public or is it a function of the City. He indicated it appears the City is trying to acquire the land without payment. He said the Borough re- cently did not pass an approach zone Ordinance for the area which would be a condemnation of the property. He said as long as the land is zoned R-2 and the subdivision meets all of the requirements of the Commission,the Commission should approve the subdivision. Mr. Ball asked if Mr. Grothe was aware of the restriction when he bought the property. Mr. Grothe said the restricts are on and off. Some individuals get permits to build into the flight zone and some do not. He indicates the side restrictions along the side for the new warehouses were apparently relaxed also the restriction on the side along Larch Street for the duplexes were annarantly ralayarl HP faalc all nannla chniild ha amial not cnma narknnc KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 16, 1980, regular meeting Borough Assembly Chambers Page 4 Mr. Grothe responed the glide slope is a condemnation of private property. Mr. Pugh closed the public hearing. He indicated that he had several questions for staff. 1. The Borough Assembly did not pass the approach and side slope zone Ordinance. Why?.--._ Mr. �4I ligan responded, the Assembly indicated they felt they had to have more information on the effect the Ordinance would have on all airports throughout the Borough before they could approve it. 2. This property has been studied and there are legal issues and opinions concerning this property. Does the City have the authority to enforce its airport Ordinance. Mr. Milligan referred to the Borough Attorney's opinion and declined to comment further. 3. He asked if,"say he came to the office to get a permit for a ten story warehouse could the City deny the building permit based on the City Ordinances?" Mr. Milligan responded he felt the City staff would be bound to enforce the City Ordinances until such time as a court ruled the Ordinance invalid. 4. Can the Commission deny a plat that comes forward which complies with all of the Borough Ordinances and regulations? Mr. Milligan responded that the State Statutes designated the. Planning Commission as the platting authority it appears that the Commission can go beyond a check list in approving or denying a plat by including other planning considerations in its decision. If it were the intent of the regulations that someone only meet technical requirements and approval was automatic it would be a ministrial action and probably only require administrative review. However, anytime you deny something you run the risk of appeal and the possibility of a court stating your reasons for denial are invalid. As to the extent of discretion only a court can utimately decide. Mr. Pugh stated this property has come before the Commission several times, for various reasons the Commission has turned down development proposals on the other hand Mr. Grothe owns; the land and perhaps one of the government agencies should consider condemningthe land to avoid the conflicts consistently expressed by the pilots association and others concerning the development of this property; which would end these public hearings which occur almost every six months. The Commission discussed the issues and asked Mrs. Lechner to clarify the facts that the City is concerned. with. It.is not zoning as ;much as it is public safety and that zoning should be limited to some classification that basically prohibits development. She basically concured. Mr. Baker asked about a change some years ago concerning a building built by Mr. Cessna. Mrs. Lechner stated she thought at that time the City changed its Ordinance to allow the building to be built. She felt this situtation is different because it involves land where planes are on take -off from the lake. If a plane loses: power it is going to land in that area. A discussion developed between the Commission and the persons in the audience. Mr. Baker state he agreed with the concerns expressed by the pilots. However it may be to late idealy the entire area around the airport should be un- developed however that is not possible. He felt that if a plane goes into the school yard there will probably be a concerted effort throughout the community to close the airport and the lake. He felt the Commission and the community should look for a different location for the airport and float plane facility. He felt the community should pursue immediate funding for con- struction of improved facilities at the State airport. I F F KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 16, 1980, regular meeting Borough Assembly Chambers Page 5 Mr. Baker asked Mrs. Lechner if the City would be interested in trading for this property. Mrs. Lechner responded . she would suggest to Mr. Grothe if this land is not buildable and that he is paying to many taxes then the land should be devalued as the value is right now. Mr. Ball commented he did not think that was the question. Mr. Baker felt there should be some solution to this problem as these same people keep coming before the Commission over this same piece of property. There was further discussion between the audience and the Commission. Mr. Perez commented the man who owns the property is within his legal rights to try to develop his land. Mr. Baker commented that no one would probably deny the factthat Mr. Grothe will be denied the use of his property if this plat is denied, which may lead to legal action which will probably result in Attorney fees, which if true will result in a decision costly to the community. He suggested perhaps the pilots might wish to sit down with Mr. Grothe and come to some agreement over this matter. Mr. Ball asked if the property were developed how many pilots would quit f y�5 ing off the lake. Someone in the audience commented who would take responsiblity for an accident the pilot, the city or the Borough. Probably no one would quit flying. It was stated that it is the Borough and City's responsibilty to protect the area for the pilots and the community. Mr. Pugh summarized the commissions authority as it applies to this property. He asked if the commission wished to continue debate with the audience or wish to take action. It was moved by Mr. Hill and seconded by Mr. Baker that the proposed Lakeview Subdivision a portion of the unsubdivided USS 1396 consisting of 15 lots (lots 1-15, block 1) of approximately 8,400 square feet each be declined. Mr. Ball suggested the motion be amended to grant the request. Mr. Hill stated he would change the motion. Mr. Pugh restated the motion: It was v mr._ Nerez. Voting against the motion Mr. Pugh. Mr. Erwin. Mr. Hill and Mr. Mr. Ball stated he has always supported land development however he intends to vote against the motion so that there can be further study on this natter at some further date if it does not pass. He supports development but he has concerns for the airport and the pilots and since there are.different opinions between the attorney for the City and Borough and possibly litigation he is going to vote against the motion. Mr. Erwin asked if he should abstain since he has a financial interest in a plane operating from the lake. The Commission felt he should not abstain from voting. Mr. Baker asked staff if denying the plat was denying the owner of a vested right in his property. Mr. Milli an declined to comment and suggested the question be referred to t e Boroug Attorney. There was further discussion with the audience over eminent domain. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 16, 1980, regular meeting Borough Assembly Chambers Page 6 F F F Mr. Milligan asked for a two minute recess to get a copy of the plan. Mr. Pugh called a recess. The meeting was reconvened Mr. Pugh stated that Mr. Large had made a proposal to the Commission. Mr. Pugh asked Mr. Large for the record to stand up and restate his proposal. Mr. Royal Large stated he proposed the municipalities settle up with Mr Grothe and that they dredge out the area and that they make tie down area that they could lease out to the pilots. Mr. Pugh asked Mr. Milligan if he had the answer to his previous question. Mr. Milligan stated the Comprehensive Land Use Plan showed public and open space for the area. He stated he had no information on whether or not the Comprehensive Plan had been amended and when the area had been zoned R-2 that would require further research. The question was called on the motion. The Motion FAILED. Mr. Pugh asked if there were appeal rights. Mr. Milligan responded that the matter could be appealed to the Borough Assembly seated as a Board of Adjustment. Any appeal filed should be submitted within ten (10) days to the Borough Clerks office. The Planning Department will be happy to discuss the procedure further with Mr. Grothe at his convenience. C. OTHER - None VII. OLD BUSINESS A. ZONING - None B. SUBDIVISIONS 1. S-79-055. Proposed subdivision of unsubdivided portion of Tract G-A, USS 1396 into three lots (Lots G-2, G-3 and G-4) of approximately 11,600 square feet each. (Rolland A. Jones) (FINAL) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the Borough Engineer. He also presented concerns expressed by the City Engineer in a letter dated April 16, 1980 concering this property. Mr. Pugh opened the public hearing there being no one to be heard the public hearing was closed and the regular meeting reopened. The Commission discussed the similarity between this property and the property just considered from Mr. Grothe. They also discussed the recommendations submitted by the City Engineer. The Commission further discussed the effects of item #3 in the City Engineers recommendations. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 16, 1980, regular meeting Borough Assembly Chambers Page 7 Mr. Pugh stated case S-79-055 was back before the Commission to approve the plat subject to conditions 1,2,3, and 4 recommended by the City Engineer. Mr. Hill moved to delete rec Motion PASSED with a 4-2 vot Pugh voting YES and Mr. Bake Mr. Puoh stated the Commissi NEW BUSINESS - None INFORMATION AND REPORTS A. Communication ion number 3. Seconded by Mr. Perez. 1. Monthly building activity report for January, February and March. B. Reports 1. Chairman's Report - None 2. Committee Report - Street naming committee report referred to furture work session. 3. Staff Report - Mr. Milligan advised the Commission of the Assembly work sessions on April 19 and April 26, 1980. He also mentioned the Bells Flats Subdivision schimatics prepared by Mr. Eckland. X. COMMISSIONER'S COMMENTS Mr. Hill - None Mr. Erwin - Asked if there was any further information on crab pot storage since the last meeting. He asked about the access across the end of Lilly Lake. Mr. Gordon is to report. Mr. Baker - None Mr. Perez - None Mr. Ball - congradulated the Chairman on a good meeting. XI. AUDIENCE COMMENTS Mr. Grothe indicated he objected to the City Engineer's comments being presented in a letter dated on April 16, 1980. Mr. Stafford did not attend the Borough Engineer's review meeting April 2, 1980 and he had plenty of time to make his comments known prior to the meeting date. Mr. Grothe asked that the Commission reconsider their action on the Elderberry Heights Subdivision Second Addition. A discussion developed between the Commission and Mr. Grothe about the Subdivision. It was moved by Mr. Bal Mr. s back before the Commission ideration seconded lderberry Heiahts Subdivision on PASSEU with unanimous roll ca Mr. Pugh suggested a work session with Mr. Grothe, Mr. Crowe and Mr. Stafford before the final plat is submitted. Mr. Bill Schwaab thanked the Commission for their action in protecting the airport by denying the Lakeview Subdivision. He stated he felt Lilly Lake will remain KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 16, 1980, regular meeting Borough Assembly Chambers Page 8 Mr. Ball commented that the Borough and the City should get together with Mr. Grothe and try to resolve this problem. He voted against the plat to keep the property together and to try to find a solution to the problem. XII. ADJOURNMENT - The meeting was adjourned at 10:30 pm. r- PASSED AND APPROVED this *_8 ,,, day of /%Y 1980 ATTEST: 3 r KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION smvnaa wmoz000-