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1980-07-16 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, July 16, 1980 Borough Assembly Chambers I. CALL TO ORDER - The meeting was called to order at 7:30 p.m. in the Borough Assembly Chambers by Chairman Mr. Pugh. II. ROLL CALL Commissioners Dresent Mrs. Crowe Mr. Pugh Mr. Erwin Mr. Perez (arrived 7:38) Mr. Ball A quorum was established. Commissioners absent Mr. Hill (Excused) Also Present Ann Moen Joanne Jones Gale Lazarus Bryce Gordon III. MINUTES - Mrs. Crowe stated a correction needed to be made on the minutes of July 9, 1980. The first motion made on case S-80-005 by Mrs. Crowe to postpone consideration of the case failed with a 3-1 roll call vote. Mrs. Crowe moved to accept the minutes as corrected. Seconded by Mr. Ball. Motion PASSED by unanimous roll call vntp_ IV. APPEARANCE REQUEST - None V. UNFINISHED BUSINESS - None VI. PUBLIC HEARING A. ZONING Z-80-022. A request for a variance from section 17.12.040 to permit the construction of a detached garage on lot 3, block 2, Woodland Acres, Second Addition. (Timothy A. Haigh) STAFF REPORT: Mr. Pugh presented the staff report based on a memorandum Prepared by the Planning Department. Mr. Pugh also read the petitioner's answers to the four conditions necessary for a variance to be granted. Mr. Gordon presented a letter from Fred and Deanna Hawley, stating no objection to this variance. Mr. Puqh read another letter on record from Ronald Munro stating no objection and recommending approval of this variance. Mrs. Crowe asked the staff whether there was a set distance a well should be from a property line. Mr. Gordon answered that there was no requirement. Mrs. Crowe asked if there was a 60 foot right-of-way in that area and whether the road went through the middle of the right-of-way. Mr. Gordon said there was a 60 foot right-of-way in that area, but the road did not necessarily go through the middle. Mr. Pugh closed the regular meeting and opened the public hearing. Hearing no comments, he closed the public hearing and reopened the regular meeting. Mr. Ball moved to grant the request for a variance from section 17.12.040 to permit the construction of a detached garage on lot 3, block Z. wooaldna Acres, becona Aaaltion. Jeconaea Dy "rs. l.rowe. on PASSED by unanimous roll ca KIBS225126 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, July 16, 1980 Page 2 2. Z-80-024. A request to rezone lot 8, USS 3098 from rural residential to business. (Alex and Vicki Leslie) AND Z-80-025. A request to amend the Comprehensive Land Use Plan from light industrial to business on lot 8, USS 3098. (Alex and Vicki Leslie) STAFF REPORT: Mr. Pugh presented the staff report based on a memorandum prepared by the Planning Department. ?sirs. Crowe stated that this was not zoned service/recreation, that is an overlay for land use and also there is currently no light industrial zoning. Mr. Erwin asked if granting this request would constitute spot zoning. Mr. Gordon said that there is business zoning directly across the street so that this lot would be contiguous with lots already zoned business and would not be spot zoning. Mr. Perez asked if Mr. Leslie was the owner of record. Mrs. Jones stated that the Leslies had just bought the property and it was not recorded at the Borough yet. Mr. Pugh closed the regular meeting and opened the public hearing. Mrs. Vicki Leslie presented the warranty deed to the Commission for their inspection. She added that Mr. Leslie has been in the auto body business in all aspects for the past 15 years, 3 years in Kodiak and they feel that this business would be an asset to the community and would like to see the property rezoned. Mr. Pugh asked if they intended to leave the lot as it is or fence it in. Mrs. Leslie said that the body shop would not be seen from the road. The cars will all be in the back. They want to put a yard in the front. Mr. Pugh closed the public hearing and reopened the regular meeting. Mr. Ball asked what the road right-of-way in that area was. Mr. Gordon said there was a 100 foot right-of-way in that area so there would be no obstruction of the road. Mrs. Crowe asked if there was any problem with airport safety as far as the takeoff pattern and also stated that she feels granting this request would open up this area to request to rezone the entire area. Mr. Ball said that the Commission has been planning to rezone that whole area to business anyway and have already rezoned the lots across the street. He feels they should rezone this lot and also mentioned it is the only part of Mill Bay with a 100 foot right-of-way. P1r. Pugh said that when Mr. Cobban came in with a previous request the Commission was against the rezoning because it constituted spot zoning. Mr. Ball stated this is not the case now. Discussion among Commissioners regarding rezoning the entire area. KIBS225127 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ^MINUTES Regular Meeting, July 16, 1980 Page 3 Mr. Pugh asked whether the special use permit granted to this lot presently would be necessary if it was rezoned per the request. Mr. Gordon said that it would not be needed. r Mr. Pugh stated that he did not see a need to close the repair shop while smoking fish, if business zoning was granted. 3 on to recommend to amend the Comprehensive Land Use Plan from light industrial to business on lot 8, USS 3098. Seconded by Mr. Erwin. Motion unanimous roll ca Z-80-026. A reauest for a variance from section 17.18.040 to permit the construction of a 5-plex on lots 4 and 11, block 6, Leite Subdivision. (Art Zimmer) STAFF REPORT: Mr. Pugh presented the staff report based on a memorandum prepared by the Planning Department Mr. Pugh also presented Mr. Zimmer's statement as to the existing condition of the lots and the reasons for the request. Mr. Pugh feels there should be a change in this statement as the building materials are currently on the lot. Mr. Pugh also read the petitioner's answers to the four conditions necessary for a .— variance to be granted. He also read into the record three responses to the Public Hearing notices mailed. All three responses were against the granting of the variance. Mr. Gordon said that Mr. Zimmer had come in on July 15 and stated he had just found out the state had taken 6 feet off the front of his lot for a road right-of-way and that would change the lot dimensions and the setback requirements from what is presented in the packet. Mr. Ball asked how many square feet would be left after the six feet were taken from the lot. Mr. Gordon said the square footage was still adequate as the two lots totaled were over 1000 square feet. Mr. Pugh asked if this wouldn't affect the amount of a variance wanted. Mr. Gordon said that the building could just be moved back accordingly. Mrs. Crowe said that in looking at the site plan, it appears that the decks of the proposed building would extend out and cut into the required yard also. She felt this should be taken into r consideration. Mr. Ball asked how many notices were sent out. Mrs. Lazarus said that 65 notices of Public Hearing were mailed. Mr. Ball asked how many were received with no objection to the request. Mrs. Jones said there were none. KIBS225128 Mr. Pugh closed the regular meeting and opene t e ou is hearing. Mr. Art Zimmer stated that he was asking for a 3 foot variance along Mission Road and 1 foot variance for each side yard. This KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, July 16, 1980 Page 4 is from the current markers after the state has gone through and taken the previously mentioned 6 feet. Mrs. Crowe asked if the decks would indeed project into the side yards. Mr. Zimmer stated they would. Mr. Gordon read section 17.45.010A and stated that based on this section, the decks could go within two feet of the property line. Mr. Erwin felt this was rather close. Mr. Ball asked what kind of problems would be created by redesigning the building to conform to the present code. Mr. Zimmer said that he could do it but would probably have to make the building three stories which would be more objectionable. Mr. Pugh asked if Mr. Zimmer would object to vacating and replatting these two lots. Mr. Zimmer said he would not object to this and had expected to do this anyway. Mr. Ball asked Mr. Zimmer if he knew how big he could make a building without a variance and to stay within the requirements if this request should not be granted. Mr. Zimmer stated he could still build a 5-plex but would make it three stories and shorten the building. He feels the building he is asking for the variance for would be better looking for the neighborhood and not so tall. It is also better designed for easier access for the tenants as there are all around floor entrances and interior stairways. He feels this building makes for better tenancy and also better construction with no public hallways. Mr. Martin Wandersee said he has the same opposition to this building as those neighbors who wrote in. He feels there are too many plexes in this residential area and the neighborhood is not designed for this type of congestion. Discussion between Commissioners and Mr. Wandersee. Mr. Erwin asked whether this area was zoned R-3 when Mr. Wander - see moved into the area. Mr. Wandersee said that the records were rather vague on this point. He spoke to fir. Gordon and seems the lot wasn't R-3 when he bought it but can't find any records of when the change took place. He thought it was R-2 when he bought It. Mr. Zimmer said he bought his property last year and it was R-3 at that time. r Mrs. Crowe asked the staff to research this question. Mr. Ken Lassen stated that the statement in the application about the lots appears to be incorrect. There is a quonset but on lot 11 that encroaches on lot 4, and a small dwelling partially on lot 3 that encroaches on lot 4. He is opposed definitely to a three story building, but rather than getting a variance for the side yard requirements asked why a 'portion of lot 5 could not be vacated and replatted to meet the side yard requirement. He realizes that he can't stop a 5-plex, but wants what is better looking for the area and would like to see it done without a variance if at all possible. He also wants to make sure the Darking is built KIBS225129 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, July 16, 1980 Page 5 according to the requirements as there is already a problem with parking in this area. Mr. Roscoe Ingalls brought forward a letter of opposition from Mr. Ken Holland. Mr. Ingalls stated he was opposed to housing complexes of this size coming into a neighborhood that is residential. He feels the roads are currently dangerous for animals and children due to the overcrowding and overpopulation. He would like to see something smaller than a 5-plex. Mr. Perez informed Mr. Ingalls that he and his neighbors have the right to petition the Borough Assembly to rezone the area to the liking of the majority of the property owners. Mr. Pugh read into the record Mr. Holland's letter stating strong objection to anything larger than a single family dwelling. Mr. Elmer Jesser spoke against population increases in the area. Mr. Bryce Gordon stated he would rather have a two story building rather than a three. The application looks alright to him. Mr. Zimmer said that he appreciated Mr. Lassen's request. The only disadvantage of this is the cost of the surveyor to vacate and replat lots 4, 5, and 11. This is an alternative he had not previously considered. Mr. Lassen asked to withdraw his suggestion since he now knows they could request R-2 zoning, this would leave lot 5 too small for building. If it would inadvertently affect going for R-2 r- zoning, he would just as soon see the variance granted and a two story duplex built rather than a three story. Mrs. Nandersee stated that it looks like there are going to be lots of apartments down there and since it is a dead end road all the parking ends up on Kouskov. She wanted to know is it was possible to move the parking to Mission and the building to the back. She feels this would make it nicer for everyone down there. Mr. Ball pointed out the cost would be prohibitive for this. Mr. Pugh closed the public hearing and reopened the regular meeting. Mr. Pugh said he felt the request is premature and that the Com- mission can't even consider the request at this point until the lots are vacated and replatted, since at this time there is not enough square footage to build a 5-plex. Mr. Zimmer felt that since both lots are named on the application submitted for the permit and designated to be used for the same building and parking for such building this ties them together. Mr. Gordon said the code specifies that parking once established has to be maintained. Mr. Zimmer felt that by dedicating lot 11 as parking it is bound by contract of the permit to maintain this lot as parking. Mrs. Crowe felt it would be cleaner if the lots were vacated and replatted. Mr. Pugh stated that the Commission had a situation that in the long run they can't prohibit a 5-plex from going in on that lot, they could agree or disagree with the variance, but cannot stop the 5-plex. He advised the residents of that area to get together with Per. Peotter and the Planning and Zoning Staff to see what KIBS225130 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, July 16, 1980 Page 6 it would take for the residents of that area to institute a rezoning from R-3 to R-2 if that is what they wish the character- istics of that neighborhood to be. This would stop the building of larger plexes on other undeveloped lots. Discussion among Commissioners. Mr. Pugh declared a 10 minute recess at 8:40 p.m. Mr. Pugh called the meeting back to order at 8:50 p.m. Mr. Gordon read section 17.42.020 regarding lots designated as parking. Discussion between Commissioners and Mr. Gordon 6Timn$ M1Wr1r4M1 • • 0 an encroachment of I root on on voteo no. on FAILED by a Z-3 ro n section and 11 Mr. Pugh informed Mr. Zimmer that he has appeal rights to the Borough Assembly within 10 days or can build within the code without requiring a variance whichever he feels is best. r 4. Z-80-029. A request for a variance from section 17.45.010 to Permit the construction of an addition to the existing house on lot 65, block 8, Erskine Subdivision. (Jack Ibach) STAFF REPORT: Mr. Pugh presented the staff report based on a memorandum prepared by the Planning Department. Mr. Pugh also read the petitioner's answers to the four conditions necessary for a variance to be granted. Mr. Pugh read into the record one response received from the Public Hearing notices mailed. This response from Blankenburgs stated no objection to the variance requested. Mr. Erwin noted that there was a 5 foot discrepancy in the application. Mr. Ibach corrected the discrepancy to show that only 10 feet is needed for a variance not 15 feet as stated on the application. Mr. Pugh closed the regular meeting and opened the public hearing. Hearing none, he closed the public hearing and reopened the regular meeting. Pars. Crowe asked if the response read into the record was the only reply to the notices mailed. Mrs. Jones said that was correct. Mr. Erwin asked if Mr. Ibach was only planning to add to half of the duplex. Mr. Ibach said that he only wanted to enlarge the half his family was living in. Mrs. Crowe moved to grant the request for a variance from section KIBS225131 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, July 16, 1980 Page 7 house on lot 65. block 8. Erskine Subdivision. Seconded B. SUBDIVISIONS r 1. S-80-013. A request to vacate lots 7 and 8, block 4, Airpark Subdivision, USS 1396 and replat to lots 7A and 8A, block 4, Airpark Subdivision, USS 1396 (proposed lot areas: lot 7A = 7,747 sq. ft., lot 8A = 12,714 sq. ft.). (Thompson Transfer, Inc.) STAFF REPORT: Mr. Pugh presented the staff report based on a memorandum prepared by the Engineering Department. Mrs. Moen said there had been one inquiry from Fran Powell on this request, but she had no objection. Mr. Pugh closed the regular meeting and opened the public hearing. Hearing none, he closed the public hearing and reopened the regular meeting. 1 block 4. Airpark Subdivision. USS 1396 and replat to lots 7A areas: lot /A = /,/4/ sq. tt., lot BA = 12,/14 sq. ft.) for final approval and that they show the trailer on the lot. Seconded by Mr. Perez. Motion PASSED by unanimous roll call vote. VII. OLD BUSINESS 1. Z-80-015. A request to rezone lots 43-53, block 12, Aleutian Homes Subdivision from residential to business. (Kevin Arndt and Rodney Kiefer) Mr. Pugh reported the Commission had met with Mr. Arndt and Mr. Kiefer in a work session and a list of the uses wanted and businesses not wanted is presented in the packet. Mr. Ball moved to remove item Z-80-015 from the table for discussion. Seconded by Mr. Perez. Motion PASSED by unanimous roll call vote. Mr. Pugh noted that the Comprehensive Land Use Plan would need to be amended from medium density residential to business if this request were granted. Discussion among Commissioners. to rezone lots 43-53. block 12 DY mr. Perez. MO tlon VA1LLU by a z-3 vote. mr. Yuan and Mr. Irwin Mr. Ball thinks contract zoning is possible on this request, but wants it to be much clearer than what is specified in the packet. Mr. Pugh said that in contract zoning you cannot be totally specific. General things that are objectionable can be prohibited generally. Mrs. Crowe stated that she still has a problem with business in that strip. The businesses the petitioners asked for are those that will have the least impact but she doesn't know how many constraints can be out upon it. Discussion among Commissioners. jBS225132 Mr. Ball P-- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, July 16, 1980 Page 8 in with the followinq eight restrictions; 1 bars, 2 trailer rt, 3 theater, 4 apartment complex, 5 shopping center, 6 mall restaurants, and 8 auto repair shop, from residential to iness. Seconded by Mr. Erwin. Motion PASSED with a 4-1 vote. Mr. Erwin made a motion to recommend to the Borough Assembly to amend the Comprehensive Land Use Plan from medium densitv residential Seconded by Mr. Perez. HOtlOn PASSEU with a 4-I roll call vote. voted no. 2. Z-80-020. A request to rezone lots 7-18, block 2, USS 3219 from rural residential to business. (Scott Arndt) AND Z-80-021. A request for an amendment to the Comprehensive Land Use Plan from medium density residential to business on lots 7-18, block 2, USS 3219. (Scott Arndt) Mr. Pugh read the memorandum regarding the work session held on July 9, 1980 and the list of proposed uses not wanted and the proposed uses and buildings desired. Mrs. Crowe feels Mr. Arndt has gone out of his way to be above board on this issue, but she still feels the Commission would be doing that area a disservice to rezone to business. Mr. Erwin moved to approve the request to rezone lots 7-18, block 2, USS 3219 from rural residential to business with the restrictions 3. S-80-003. A request to vacate lots 14A, 14B, 14C, and 14D, block 7, Bells Flats Alaska Subdivision and reolat to five lots (14,A-1, 14C-1, 14D-1, 14D-2, 14D-3) varying from approximately 0.95 acre to 2.74 acres each. (Jeffrey R. Povelite) STAFF REPORT: Mr. Pugh presented the staff report based on a memorandum prepared by the Engineering Department. Discussion among Commissioners. KIBS225133 Mrs. Crowe moved to grant approval to the vacation of lots 14A, nq ulation nts are fended by Ordinance 80-25-0 dated July 2, 1980. Motion PASSED by unanimous roll call vote. r-- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, July 16, 1980 Page 9 4. S-80-007. A request to vacate lots 24A and 24B, USS 3099 and replat to lots 24A-1 and 24B-1, USS 3099 lot areas of approximately 7,598 and 9,386 square feet respectively. (Donald N. Gott) STAFF REPORT: Mr. Pugh presented the staff report based on a memorandum prepared by the Engineering Department. Discussion among Commissioners. Mrs. Crowe moved and 24B, USS 3099 with the stipulat sewer system prig recording office. unanimous roll ca VIII. NEW BUSINESS - None o grant approval to the vacation c and reolat to lots 24A-1 and 24B-1 on that both lots are connected tc to the recording of the plat in t Seconded by Mr. Erwin. Motion PP IX. INFORMATION AND REPORTS A. COMMUNICATIONS 1. Mr. Pugh read the letter from Mr. Dexter M. Ferry II. Discussion among Commissioners. Mr. Pugh called for a five minute recess at 9:50 p.m. Mr. Pugh called the meeting back to order at 9:55 p.m. Mrs. Crowe moved to grant permission to the building c to grant a temporary permit for a second trailer to be un lu c, DpCK I,,, monasnKa bay ,)upaivision until October I 1981. SeconIded by Mr. Perez. Motion passed by a 4-1 roll call vote. Mrs. Crowe, Mr. Puah, "1r. Perez and Mr. Ball voted yes; Mr. Erwin voted no. 2. Information Report: KIB owned lots, Monashka Bay -Miller Point Area, Service/Recreation. Mrs. Crowe reported that Mr. Herrnsteen and she had wanted to now how much land had been set aside in the service/ recreation district overlay at one of the Borough meetings. She had then asked Mrs. Moen to get this information together for the Commission and Mr. Herrnsteen. B. REPORTS 1. Chairman's Report - Mr. Pugh reported he had been appointed by Mr. Ogg for the Bells Flats Advisory Committee. 2. Committee Report - None 3. Staff Report - None KIBS225134 4. Reasons for denial of Z-80-026. Mr. Pugh asked the Commissioners to state reasons for denial of Z-80-026 for the Planning Staff. Mrs. Crowe voted no based on; 1) neighborhood objections, 2 building up that close to the lot line in that particular type of a neighborhood creates safety problems, 3) the building can be designed and put on the lot without a variance and 4) she would like to see a 4-plex. Mr. Erwin said he voted no for basically the same reasons and also doesn't want to see any building closer than the code allows on those small lots. r-- r- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, July 16, 1980 Page 10 FY XI XII Mr. Perez voted no as the application for the 5-plex was submitted for a lot too small to take care of a 5-plex, if the lots are combined into one lot there is then the square footaae to do as desired but then the property is ties into one complete package so later there are no questions as to whether there was the correct square footage. Also the setbacks on the building weren't very clear and what the neighborhood is going to look like once the building is in. COMMISSIONERS' COMMENTS Mrs. Crowe brought up the question raised by Mr. Wandersee during the Public Hearing on Mr. Zimmer's request. Discussion between Mrs. Crowe and Mrs. Moen regarding the R-3 zoning of the Leite addition. Mrs. Crowe asked Mrs. Moen to give Mr. Wandersee a call and tell him the staff is researching the item and will let him know the time of zoning to R-3 as soon as she has an answer. Mr. Erwin felt he had not gotten any response to earlier situations he had asked to be investigated. Mr. Gordon said that the earlier violations not in litigation prior to June 5, 1980 were now legal because of the ordinance passed by the Borough Assembly. AUDIENCE COMMENTS - None ADJOURNMENT - Mr. Pugh adjourned the meeting at 10:12 P.M. ATTEST PASSED AND APPROVED this 20th day of August , 1980_ KODIAK ISLAND BOROUGH PL I11G LI BCOP4MISSIOPI � Y { hairman KIBS225135