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1980-10-22 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, October 22, 1980 Borough Assembly Chambers I. CALL TO ORDER - The meeting was called to order at 7:35 p.m. in the Borough Assembly Chambers by the Vice -Chairman, Mr. Ball. r- II. ROLL CALL Commissioners Present Also Present Mr. Ball (Acting Cha;rnnan) Jacques Beck Mrs. Crowe Dave Crowe Mr. Erwin Bryce Gordon Mr. Hill Bill Hodgins Mr. Perez Ann Moen Mr. Ramaglia Kathy Graham A quorum was established. III. MINUTES - September 17, 1980. Correction: VI. Public Hearings, (A) Zoning, (1) Lot llb, Block 3, Port Lions Subdivision (Ward) - Staff was not directed to visit Port Lions. Staff was directed to write a letter to the City of Port Lions and contact Port Lions by phone requesting a response regarding this rezoning case. Mrs. Crowe moved to accept the Minutes of September 17. 1980 as corrected. IV. APPEARANCES - Mr. John Pugh addressed the Commission stating that he had enjoyed working with the Commission during the past four years. He also stated that he felt that the Planning and Zoning Commission of the last two years was one of the best. His thanks were extended to the Commission. V. UNFINISHED BUSINESS - Timothy and Virginia Ward, request to rezone Lot llb, Block 3, Port Lions Subdivison to Business withdrawn by applicant. A. ZONING 1. Lot 23 (part of), Block 14, Kodiak Townsite Alaska Subdivision Christopher Myrick) Z-80-041. A request for a variance from Section 17.45.010 (D) of the Borough Code to construct a garage on the above referenced property. Mr. Ball closed the regular meeting and opened the public hearing. Mr. Christopher Myrick addressed the Commission giving background related to the case and his proposed construction project. Mr. Myrick questioned the 5' setback requirement for the back of his lot(the proposed garage would allow only a 2' setback). Mrs. Crowe responded that it was an interpretation of the Borough Codes. The requirement of 5' was to allow adequate access, in particular, for fire protection, allowing area for fire equipment access. Mr. Myrick advised the Commission that he had spoken with Mr. Ryser, owner of the 4' access strip running just behind the proposed garage location. Mr. Ryser had advised that he required all of the square footage of his property to meet the lot area requirements to build a duplex on his property, although Mr. Ryser did not plan to utilize or build on the 4' access strip. Access to Mr. Ryser's property would no longer require use of the 4' access strip. Mr. Hill asked what the distance would be between the proposed building and the cut -away made in the hillside for the garage. KIBS225153 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, October 22, 1980 Page 2 Mr. Myrick responded that there would be approximately 2' allowed around the building. He stated that he does get a considerable amount of run-off in that area. r Mr. Ball asked if there was anyone in the audience who would like to II speak either for or against this request. Hearing no further response, the public hearing was closed and regular meeting reopened. Mr. Gordon, Building Official, passed out photographs for Commission review of the area in question. He also stated that he had talked with a neighbor across the street from Mr. Myrick. The neighbor had expressed the opinion that the 10' setback off of the access road was a good distance for the garage and the proposed project would keep cars off of the road. Mrs. Crowe stated that she felt that the Commission would not be out of line to grant this request due to extenuating circumstances such as the terrain of the area. Additionally, the neighbors were not opposed. Mrs. Crowe moved to grant the request for a variance from Section 17.45.010 (D) of the Borough Code to allow construction of a arage on Lot 23 part of), Block 1 Kodiak Townsite Alaska S ivis ion and that a written agreement be provided stating that under no circumstance will construction occur on the 4 access strip of Lot ?,'. 13iock 14. B. SUBDIVISIONS 1. S-80-014. (Preliminary) Proposed Vacation of a portion of High Street located between Thorsheim Avenue and Cedar Street, and between Block 15 of Kodiak Townsite Alaska and Lots 1, 2, and 3 of Thorsheim Subdivision of Lot 18, Block 16, Kodiak Townsite Alaska Subdivision, USS 2537B (Dennis Nelson) Mr. Ball closed the regular meeting and opened the public hearing. Mr. Dennis Nelson, Attorney, representing Don Skaw, addressed the Commission stating that they would like to amend their request to include the vacation of Lot 3 which will mean that Lot 2 will become one large lot encompassing the present Lot 3. Mrs. Virginia Austerman stated that her husband is the property owner of an adjacent lot and they are in favor of this request. Joan Peterson stated that they own a lot across the street from the area in question. She felt they did not need more traffic in the area and, therefore, were in favor of the vacation. Mr. Ball talked to Mr. Kotula and he was not against this request. Mr. Nelson requested the Commission postpone action on this request to allow the opportunity to resolve problems and properly submit this request again at the next regular meeting. Mrs. Crowe asked if 30 days would be sufficient. Mr. Nelson stated that it would be. Mr. Ball stated for the record that public hearing had been held on this matter, therefore, no public hearing would be required when this item came up at the next regular meeting. Mr. Ball closed the public hearing and reopened the regular meeting. KIBS225154 KODIAK ISLADiD;,BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, October 22, 1980 Page 3 Mr. Perez moved to table case number 5-80-014 until the next 2. 5-80-016. (Preliminary) Proposed Subdivision of Lot 1, Block 1, Holland Acres Subdivision, First Addition (USS 3218) into two lots (Lot lA of 20,578 sq. ft. and Lot 1B of 20,108 sq. ft.) (John T. Johnson) Mr. Ball closed the regular meeting and opened the public hearing. Mr. John T. Johnson stated that he had been in touch with the nearest neighbors and found no objection. Mr. Ball asked if there were any more continents from the audience either for or against. Due to no further response, Mr. Ball closed the public hearing and reopened the regular meeting. Mr. Hill questioned the reference to a conflict of utilities made En Mr. Kozak's letter of October 13, 1980. Mr. Crowe stated that a resolution has to be reached to relocate a utility line. The Commission can give preliminary approval subject to resolution of the utility easement question. Mr. Hill moved to grant preliminary, approval to the proposed subdivision VII. OLD BUSINESS - None VIII. NEW BUSINESS 1. LL-80-003. A request to lease Lots 1 and 2, Tract A, USS 3465 (BPOE 1772) The Planning Secretary addressed the Commission as to a correction in the staff report. The staff report indicated the Commission had granted approval to the request for purchase of Lot 12B, Block 3, USS 3219 to Mr. Duane Freeman at their meeting of June 18, 1980. This was not the case and the land description indicated was incorrect. Mr. Freeman had requested the purchase of Lot 1, Tract A, USS 3465. The Commission did not grant approval but did request that steps be taken to survey this tract to properly identify the parcel in question. Mr. Terry Craig, Leading Knight indicated he was avialable for discussion. Mr. Ball asked Mr. Craig if this item were delayed for 30 to 60 days would it cause and inconvenience. Mr. Craig stated it would not. Mr. Beck addressed the Commission advising that he had contacted the Borough Attorney and had prepared a lease with two substitutions. Mrs. Crowe stated she felt there was a need to have an accurate legal description of the area in question. She indicated that there was not any problem with the lease itself and expressed appreciation to the Elks for their community services. She asked if the Elks would consider using the area for multipurpose, allowing other community groups to use the area also. Mr. Craig stated the Elks had no problems with allowing other community interest groups to also use the area when the Boy Scouts were not using it. KIBS225155 F F F KODIAK ISLAND4BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, October 22, 1980 Page 4 Mrs. Crowe stated that she was glad the Elks were expressing :Eterest 3n the use of one of the Borough owned buildings and would pay the costs to move it to the location. Mr. Craig stated that they would probably not start their development until spring but they would like to start clearing off the present building structure as soon as they could. Mr. Erwin asked if the Elks moved the house, did they plan to have a caretaker to protect the property. Mr. Craig stated that they had no plans at present but may need to consider same. Mr. Ball asked if the audience had any further questions or comments. Mr. Crowe advised the Commission that the revised legal description offered for the lease by Mr. Beck was incorrect as it related to Lot 2. Mr. Hill moved to table case number LL-80-003 until the survey to 0 .,y Mr. Don Brenteson, Scouting Coordinator for Boy Scouts, requested a definite time for the Planning and Zoning Commission consideration of this case. Mr. Ball asked the Borough Engineer when the survey would be before the Commission for consideration. Mr. Crowe stated that he hoped it could be available at the next regular meeting in November. The Commission requested that this lease request be addressed on the same agenda and meeting as that of the survey when it is presented to the Commission. IX. INFORMATION AND REPORTS A. COMMUNICATIONS 1. Resignation of John Pugh, Chairman of resignation. Mrs. . Crowe moved that the Mrs. Crowe read Mr. Pugh's letter send a letter of 2. Resignation of Planning Secretary. Mrs. Crowe read the memo of resigna- tion from Kathy Graham, Planning Secretary. She then asked if it could be denied. The Commission stated that they had enjoyed working with her. B. REPORTS 1. Chairman's Report - Mr. Ball discussed the following: a. Schedule of Work Task Activities for the P & Z Commission: 1) 5' setback requirement (Ordinance). 2) Parallel Road to Municipal Runway. 3) Contract Zoning Ordinance. KIBS225156 4) Industrial Zoning Ordinance. 5) Proposed new zoning map, 1" = 200'. 6) House numbering system for Bells Flats/Russian Creek area. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, October 22, 1980 Page 5 7) Comprehensive Plan update. Mr. Ball stated that he had discussed some of these items with �NF.�erson on the Borough Assembly and indications were favorable. Secretary advised the Commission that Industrial Zoning Ordinances from the following communities have been requested: 1) Matanuska-Susitna Borough 2) Ketchikan Gateway Borough 3) Kenai Peninsula Borough 4) City and Borough of Juneau 5) Fairbanks North Star Borough 6) Municipality of Anchorage Commission requested copies of above indicated letters regarding Industrial Zoning. Secretary also advised regarding the Contract Zoning Ordinance that she understood this subject should be addressed to the Borough Attorney to provide an ordinance for same. Mr. Crowe stated regarding the house numbering system for Bells Flats/Russian Creek area, that he would be trying to accomplish same sometime this winter, as time allows, Mr. Ball stated that he would be working toward setting up a joint work session with the Borough Assembly and the Planning and Zoning Commission to discuss some of the above subjects. r- The Commission requested that a memo be addressed (one each) to the City Council and Borough Assembly addressing the fact the the Commission was setting up a schedule whereby each member (or their representative) of the Planning and Zoning Commission would be responsible to attend the Borough Assembly and City Council meetings per each month. The schedule is as follows: November -------- Ron Ball December -------- Virginia Crowe January --------- Jim Ramaglia February -------- Tim Hill March ----------- Tony Perez April ----------- Gene Erwin The Commission discussed the scheduling of a joint work session with the Borough Assembly and it was concluded to try and set the date for November 26, 1980. 3c. Staff Report - Planning Director Mr. Beck read to the Commission his memo regarding rezoning Lots 1-15, Block 1 of Russian Creek Alaska Subdivision. The Commission requested this be scheduled for public hearing at the next regular meeting. Mr. Beck read his memo regarding reclassifying Lots 5 and 6, Block 5, Monashka Bay Alaska Subdivision from Service/Recreation to Rural -Residential. The Comnission requested that this item be scheduled for Comprehensive Plan amendment, public hearing, at the next regular meeting. 3d. Staff Report - Building Official. KIBS225157 Mr. Gordon advised the Commission that the owner of a lot on Marmot Drive and Monashka Bay Road (Lot 6, Block 1, Island Vista Subdivision) would like to temporarily place a trailer on his lot while he built his house. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, October 22, 1980 Page 6 Mr. Gordon explained that the location of the trailer would of necessity extend into a required setback area, and asked direction of the Commission. The Commission instructed that a temporary permit be issued for the period November 1, 1980 to October 31, 1981, and that the trailer must be removed from the lot no later than October 31, 1981. Mr. Gordon reported about the "Kodiak Pizza" sign on the exterior of the Orpheum Theater building on Center Street. He and Bill Hodgins had posted a violation notice that morning. Mrs. Ina Fletcher had telephoned the office in response, and was told that the sign was in violation of the Code since it was not located at the site of the business. The owner of Kodiak Pizza came into the office this afternoon and said he was going to contact his lawyer before he removes the sign. Mrs. Crowe read Mr. Gordon's memo to the Commission about the Kodiak Retailers Association letter inquiring about the legality of the "Afternoon Delight" bus. The Commission requested that a letter be written to Mr. Del Crowder, President of the Kodiak Retailers Association, explaining that the operation is legal under the "grandfather clause" of Ordinance No. 80-24-0, and would not concern the Borough except to the extent that public health and safety may be concerned. The Commission suggested that Mr. Crowder be directed to the City of Kodiak, for their reply to his (� questions. jl Mrs. Graham mentioned an inquiry received from a caller who owns a trailer court in the Cut-off Road/SDruce Cape area, and he wanted to know how he could convert part of his court to mini -warehouses. The Commission expressed their opinion that the property would have to be rezoned from Rural Residential to either Business or Industrial. Mr. Gordon reported that he is leaving to attend three advanced courses for building officials October 23, and will be gone three weeks: in Anchorage, Whittier, CA, and Pullman, WA. During his absence, Bill Hodgins will be acting Building Official. He introduced Mr. Hodgins to the Commission. X. COMMISSIONERS' COMMENTS Mr. Ball said he understood Mr. Beck is leaving the Borough and Kodiak, and that he is returning to enter business for himself or to go to work for someone else. He offered to help Mr. Beck in any way he could in his new endeavors. Mrs. Crowe asked if the Commission could pass on the Parks and Recreation Plan tonight, with the addition of the Port Lions Parks and Recreation Plan so that the Assembly can act on it at their next meeting. Mrs. Crowe moved, and Mr. Hill seconded the motion, that the Commission resubmit the Kodiak Island Borough Comprehensive Parks and Recreation Plan (November 1978) and the Port Lions Comprehensive Parks and unanimous Mr. Ball requested that after a motion is seconded, a 5 to 10-second delay be permitted before the call for the question -- in case anyone has questions or comments. KIBS225158 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Regular Meeting, October 22, 1980 Page 7 Mr. Ball stated the policy of making all motions positive rather than negative. r Mr. Erwin asked why the Commission opened cases up to public hearing before making the motion to grant, stating that the Assembly makes a lmotion before opening up the case to public hearing. Mr. Crowe concurred that the Assembly does make the motion first, to get the item on the floor, and that is according to Robert's Rules of Order. The Secretary clarified that two Commissioners' terms expire at the end of October, and they should re -submit their names to the Clerk if they are interested in re -appointment (Mr. Erwin and Mr. Perez). The new Commissioners will probably be named at the Assembly's November 6 meeting. F XI. AUDIENCE COMMENTS - None. XII. ADJOURNMENT - Mr. Perez moved adjournment at 9:10. Hearing no objection, the Chairman declared the meeting adjourned. Respectfully submitted: Sd retary Minutes Approved: November 19, 1980 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION r\; Chairman KIBS225159