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1982-05-19 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES MAY 19, 1982, regular meeting Page 1 (Verbatim tape recording available upon request from the Community Development Department) F- CALL TO ORDER AND ROLL CALL - The meeting was called to order at 7:35 p.m. COMMISSIONER'S PRESENT Virginia Crowe Ron Ball Jim Ramaglia Tim Hill JoAnn Strickert Jerry Gudenau Pat Briggs Quorum was established. 1. MINUTES - April 28, 1982 - Mr Seconded by Mr. Briqqs. Moti ALSO PRESENT Will Walton, Director of Community Develop. ment Department Joanne Jones, Planning Secretary Dave Crowe, Borough Engineer the Mr. Ramaglia requested that item #14 be placed between items #8 and #9 2. APPEARANCE REQUESTS AND AUDIENCE COMMENTS A). Fred Nass/Stan Sargent Reconsideration. moved not to Seconded t All agreed. ion PASSED unanimous roil caii votie. B). Mike Rasmussen - Kodiak Transfer would like to place 15 mobile homes on my business property. Would the Commission consider this a business use? Mrs. Crowe you would need to present a development plan to the Commission. Mr. Briggs what about sewer? Mr. Rasmussen City is going to put it in by August 1, 1982. Discussion between the Commission on permitted business uses. Mrs. Crowe will the renters put in their own sewer? Mr. Rasmussen City will be putting in a sewer line. Mr. Hill I do not wish to make a decision on this at this time. Mrs. Crowe do interpretations have to be done at a public hearing? Mr. Walton not necessarily. KIBS225297 Mrs. Crowe Mr. Rasmussen should ask to be placed on the June 16, 1982 agenda. Mel Stephans What was the outcome of the Borough Attorney's legal opinion on the Fred Nass/Stan Sargent request? Mr. Walton late this afternoon - per a phone conversation - conflicts in the Borough Code could cause a problem - Commission is correct in requesting straight lines in a subdivision. Mel Stephans Mr. Sargent was out of town during all of this and was unable to appeal any decisions. Mrs. Crowe work sessions were held for Mr. Sargent and. he never aooeared and that is basically all we can do. 3. PUBLIC HEARING ON CASE 82-031. A request for a variance from Section 17.45.010(A) on Lot 26, Block 13, Aleutian Homes Subdivision to allow the construction of an unenclosed deck which will encroach 22 feet into the required rear yard. (Theodor Goossen) Discussion between the Commission and Mr. Walton on whether or not the variance was really needed. Mr. Walton stated that the variance was not needed. Mr. Hill moved to table a ch eu i sion ance 17.45.010(A) on Lot on of an unenclosed c o refund Mr. Goossen' s roll call vote. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES May 19, 1982, regular meeting Page 2 4. PUBLIC HEARING ON CASE 82-032. A request to rezone Lot 15, Block 1, Russian Creek Alaska Subdivision from Business to Rural Residential. (Ernest W. Bates) STAFF REPORT: Mr. Walton presented the staff report which recommended approval of the rezoning. 7 notices sent, 2 returned in objection. Mrs. Crowe closed the regular meeting and opened the public hearing. Wayne Bates would like to build a house with a residence in the rear, cannot get any kind of financing because the lot is zoned business. Mrs. Strickert if this is changed to residential will you at a later date come back to rezone it to business? Mr. Bates no. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Ball personally I am not in favor of this. Mr. Hill this is spot zoning. Mr. Ramaglia opposed to down zoning. Mr. Ball how many lots have been sold? Mr. Crowe 11. Wayne Bates this was the second auction, no one showed up so we thought no one was interested. Mrs. Crowe how long for the title to clear up? Mr. Walton at least one year. Mrs. Strickert is the lot across the greenbelt area? Mr. Walton no. Mr. Hill moved ness to Rural Kesidential. unan ian Creek Alaska 5. PUBLIC HEARING ON CASE 82-035. A request to rezone Lot 23, Block 2, Allman Addition from Single Family Residential to Business. (Jon and Debbie Smee) 6. PUBLIC HEARING ON CASE 82-036. A request to rezone Lots 19 and 20, Block 2, Allman Addition from Single Family Residential to Business. (Mildred Markham) 7. PUBLIC HEARING ON CASE 82-037. A request to rezone Lots 24 and 25, Block 2, Allman Addition from Single Family Residential to Business. (Island Plumbing and Heating) Mrs. Crowe we will hold a public hearing on all three cases. Do we need to do a Comprehensive Plan change on these cases? Mr. Walton yes. Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no comment the public hearing was closed and the regular meeting reopened. Mrs. Crowe we should change the comprehensive plan for the whole area but leave Mr. Garoutte's property out of the rezoning. This way if Mr. Garoutte sells his property the new owner will be able to rezone to Business if they so wish. an to Sh000ino Center on Lots 25.Block 2, Allman Addi roll call vote. Mrs. Crowe we changed the comprehensive plan on Lots 21 and 22 so that in the future if Mr. Garoutte sold his lots it would be easier to rezone the lots at a later date. We deleted Lots 21 and 22 from the rezoning as Mr. Garoutte does not want his lots rezoned to Business. KIBS225298 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES May-19, 1982 regular meeting Page 3 0- Mr. Bal on nt a on PASSED by unanimous ro Lots 19 siness. 24 and 25. B1 Im 8. PUBLIC HEARING ON CASE 82-039. A request for a variance from Section 17.18.040(B)(1) on Lot 23B, Block 19, Kodiak Townsite, to allow for the construction of a porch,in the required side yard. (John Cratty) STAFF REPORT: Mr. Walton 19 notices mailed, 1 returned as a non -objection. Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no comment the public hearing was closed and the regular meeting reopened. Mr. Ramaglia I went and looked at the property. There is a boardwalk that serves as access to other properties in the area. Is the boardwalk needed? Mr. Hill the boardwalk will not be affected. Discussion on the boardwalk between the Commissioners. Mr. Ball moved to grant a request for a variance from Section 17.18.040(B)(1) on Lot 23B Block 19 Kodiak Townsite to allow for the construction of a porch in the requ side vard. Seconded by Mrs. Strickert. Motion PASSED by unanimous roll call vote. 9. PUBLIC HEARING ON CASE S-82-015. (PRELIMINARY) Vacation of Lots 1, 2, 13 and 14, Block 6, Leite Addition; and replat to Lots IA and 13A, Block 6, Leite Addition. (Gene Mueller) 10. PUBLIC HEARING ON CASE 82-040.'A request for a variance from Section 17.18.040(C), to allow the construction of a dwelling with a 10' rear yard on Lot 13A, Block 6, Leite Addition. (Jehovah's Witness Church/Gene Mueller) Mrs. Crowe we will take public testimony on items #9 and #10 together. Mr. Walton Mr. Mueller has permission to act on behalf of the church. Tried to get building plans and building permit to determine the parking requirements but was unable to locate them. Mrs. Crowe closed the regular meeting and opened the public hearing. Mr. Mueller I figure we need approximately 75 parking spaces, the meeting hall is 40' x 40'. Mrs. Crowe call a 5 minute recess at 8:35 p.m.. The meeting was reconvened at 8:40 p.m. Discussion on the required size for a parking space. Mr. Breckberg against the request. Never received a notice on this request but my wife did. Discussion on mailing labels. Ken Lester disagree with parking. Mrs. Crowe closed the public hearing and reopened the regular meeting Mr. Ramaglia moved to return a request to vacate Lots 1 2 13 and 14, Block 6, Leite Addition; and re lat to Lots lA and 13A, Block 6, Leite Addition for more information on parking and to table a request for a variance from Section 17.18.040(C), to allow the construction of a dwelling with a 10' rear yard on Lot 13A, Block 6, Leite Addition until the June 16 1982 Planning Commission regular meeting. Seconded by Mr. Gudenau._ Motion PASSED by unanimous roll call vote. 11. PUBLIC HEARING ON CASE S-82-011. (PRELIMINARY) Vacation of Lots 4B, 4C, and 4D, Block 2, Bells Flats Alaska Subdivision; and replat to Lots 4B-1, 4B-2, 4B-3 and 413-4, Block 2, Bells Flats Alaska Subdivision. (William G. Williams) Mr. Crowe at the work session there was discussion on leaving the easements as shown on the preliminary plat. Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no comments the public hearing was closed and the regular meeting reopened. Mr. Hill what changes were made? KIBS225299 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES May 19, 1982, regular meeting Page 4 F 12 Mr. Crowe 120 foot width and radial lot lines. Mrs. Crowe this is only a preliminary? Mr. Crowe correct. PUBLIC HEARING ON CASE S-82-012. (PRELIMINARY) Subdivision of Lot 10, Block 7, Bells Flats Alaska Subdivision, into six lots: Lots 10A, 10B, 10C, IOD, 10E, and IOF, Block 7, Bells Flats Alaska Subdivision. (Donnell Rounsaville) Mrs. Crowe explained that the proposed lot line between Lots IOD and l0E would be delete( and create only a Lot 10E not 10F. Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no comment( the public hearing was closed and the regular meeting reopened. Mr. Ball moved to grant preliminary approval of the subdivtsion of Lot 10 Block 7 Bells Flats Alaska Subdivision into Lots IDA through 10E Block 7 Bells Flats Alaska Subdivision with the following conditions: 1. Identify signature lines for each owner of record and provide Notary's Acknowledgements for each in which the owner is identified by name; 2. Provide Legend indicating monuments found and set and designating record bearings and distances as being shown in parenthesis; 3. Prepare final plat on 24" X 36" sheets to scale of 1"=50' to provide more I UU111 LV 111Ude� 4. Changethenameof Russian Creek Road, on both plat and vicini Bells Flats Road; and 5. Show Lot 10A as a flao lot with olatted access to the rul-de-s vo Mrs. Crowe flag lots and access easements are poor planning and the reason I voted yes is because of the terrain. 13. PUBLIC HEARING ON CASE S-82-013. (PRELIMINARY) Vacation of Lots 18 and 19, Block 1, Monashka Bay Alaska Subdivision; and replat to Lots 18A, 18B and 18C, Block 1, Monashka Bay Alaska Subdivision. (Mary Peterson) Mr. Crowe topography seems to be okay on this. Mrs. Crowe can you explain the 40' construction easement? Mr. Crowe it will provide a more practical means of access for Lot 18B. Mrs. Crowe closed the regular meeting and opened the public hearing. Ed Coe opposed to the replat because of sanitation reasons, and there is no road access to the lots. Discussion on setbacks for a drainfield from any type of water source. Marcia Oswalt opposed to the replat. Ray Baglin in favor of the replat. I talked to Mr. Yovino about the road access and it would be alright for us to use it. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Ball did staff know about access going across private property? Will it make any difference? Mr. Crowe we were aware of the access and it will not make a difference in the replat. KIBS225300 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES May 19, 1982, regular meeting Page 5 Mrs. Crowe can Mr. Yovino close the part of the road that is on his property? Discussion between the Commission members and staff on road maintenance and legal lot sizes. shows a F are shown and inclu Barnett" and 4. to 'rant preliminary a Alaska Subdivision; a aska Subdivision with learly indicate the "B bearing for thBay V dd a note to thee "Lege renthesis; supply signature lines "Notary's Acknowledgem a Lot 18 ownership is b) Lot 19 is owned by tevised the Title Block aska Subdivision; and 1 nder " the plat as submitted also f-way; at record bearingsand distances Affidavit" for each lot owner, signatory party: eterson In Trust For Steven d tion of Lots 18 and 19, Block 1 A, 18B and 18C, Block 1, Monash Motion PASSED with a 5-2 vote, Mr. Briggs my reason for voting no is because of the sewer problems. Mr. Gudenau from a planning standpoint could we have an Ordinance or something dealing with sewer and access on all subdivisions? Mr. Walton it has been done in other places. 14. PUBLIC HEARING ON CASE 5-82-014. (PRELIMINARY) Subdivision of Lot:5, Block 8, Monashka Bay Alaska Subdivision, into two lots: Lots 5A and 5B, Block 8, Monashka Bay Alaska Subdivision. (Mary Peterson and George Vogt) Mrs. Crowe is this joint ownership? rMr. Crowe this is how it is listed on the property records. I Mrs. Crowe closed the regular meeting and opened the public hearing. ments the public hearing was closed and the regular meeting reopened. Mr. Ball why preliminary approval? Mr. Crowe some of the survey data is not shown on the plat. F Mr. Ramaglia I do not like the flag lot. Mrs. Crowe I do not like the access easement. Mr. Hill moved to grant preliminary approval Monashka Bav Alaska Subdivision, into two lot Cs on the subdivision of Lc _ots 5A and 5B, Block am adjacent to Lot 6; 1cent to Lot 6; rive and used to esta Hearing no com lot corners; 4 Add not to Legend that record bearings and distances are shown in parent- hesis; REASONS FOR DENIAL KIBS225301 1. Sewer problems 2. Access easements instead of dedicated right-of-ways and flag lots. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES May 19, 1982, regular meeting Page 6 /~ 15. PUBLIC HEARING ON CASE S-82-016. (PRELIMINARY) Subdivision of a Portion of Unsubdivided U.S. Survey 1682: Woodland Acres Subdivision, Third Addition, Blocks 4, 5 and 6, total- ling 68 lots. (Lenhart Grothe) Mr. Crowe we have sent the plat to the Department of Environmental Conservation for their approval. Mr. Ramaglia what is the average lot size? Mr. Crowe 25,000 square feet. Mrs. Crowe closed the regular meeting and opened the public hearing. Tim Haigh opposed to the subdivision - would rather see one (1) acre lots. Mike Rasmussen no objection to the subdivision. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Ramaglia moved to g Unsubdivided U.S. Surve and 6, totalling 68 lot 1. Include a Survey 3512; 2. Include u to Lots 7 and 8 and Lot minary approval to the su oodland Acres Subdivision following conditions: tility easement along the ements 10 feet wide each 17, Block 6; 3. Consider shitting lot lines in 1310CK 4 u platted roads in Woodland Acres Second Addition, and pr 4. Provide sufficient lot frontage on cul-de building near the front setback line; 5_ Rar.eint. of subdivision aooroval by the Al f a Portion of th U.S. lines common line up with the centerline of vide utility and access easeme -sacs to allow f Environmental Conservation; 6 Provide 20-foot utility easement along common boundary with U.S. Coast Guard property; 7 Provide 10-foot utility easement along each side of line common to Lots 21 and 22, Block 4; and 8. Provide 10-foot utility easement along back lot line of Lots 23, 24 and 25 Block 4. Seconded by Mr. Hill. Motion PASSED by unanimous roll call vote. 16. PUBLIC HEARING ON CASE 82-021. An Ordinance revising Chapter 17.51 of Borough Code on Accessory Buildings. Community Development Department) Discussion between the Commission members and staff on why the Borough Assembly re- turned this to the Commission. Mr. Gudenau would a construction shack be considered an accessory building. Discussion between the Commission members and staff on construction shacks. Mrs. Crowe closed the regular meeting and opened the public hearing. Bruce Finke object to people telling me what I can and cannot do with my land. Mrs. Crowe 10% of your land could be used for an accessory building. Bruce Finke I also object to the height limitation. Discussion between the Commission members and Mr. Finke on sizes he thought would be acceptable for an accessory building. Dan Ogg do you have a definition of gable? In Chapter 17.36 it is the peak of the rafter Mr. Ball accessory buildings can be one story. Dan Ogg discussed possible problems with roof pitch and down zoning the property. Lengthy discussion between the Commission members, staff and Dan Ogg on why it would be considered down zoning property. Mr. Ball how high is a side wall? Mr. Walton 14 feet. KIBS225302 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES May 19, 1982, regular meeting Page 7 r r r Mrs. Crowe single family dwellings are permitted in Conservation Districts. Cliff Davidson where did the main dwelling come in? Discussion between the Commission members and Mr. Davidson on why a main dwelling is required on a lot before an accessory building could be constructed. Mr. Brioas moved to table action on an Ordinance revising Chapter 17.51 of Borough ar Manning Commiss 3 17. PUBLIC HEARING ON CASE 82-043. An Ordinance enacting Chapter 17.52 of Borough Code on Agricultural Buildings. Community Development Department) Mrs. Crowe closed the regular meeting and opened the public hearing. Please limit your testimony to five (5) minutes and new information. Dan Ogg feel you will be down zoning our rural residential lot. Think that more work should be done on this. Mrs. Crowe closed the public hearing and reopened the regular meeting. 18. PUBLIC HEARING ON CASE 82-033. Public hearing on fishing gear storage areas. (Fishing Gear Committee Mrs. Crowe does the area at Bells Flats contain the lot we, designated for the sewer treatment plant? Mr. Walton no. Mrs. Crowe closed the regular meeting and opened the public hearing. Discussion between the Commission members on the three (3) areas recommended by the Fishing Gear Committee. Mr. Hill I would like to recommend area #2 for crab pot storage only - no lines or bouys Weldon Martin who is on the Committee? What is going on? Mrs. Crowe explained what was going on and who was on the Committee to Mr. Martin. Mr. Ball moved to table the public hearing on fishing gear storage areas until June 16, 1982 regular Planning Commission meetina. Seconded by Mr. Gudenau. Motion PASSED by 19. PUBLIC HEARING ON CASE 82-038. A request for a use permit on the un-named street between Tract D of Tract A, Bells Flats Alaska Subdivision and Lot 4, Block 2, Tract A, Bells Flats Alaska Subdivision for use as a storage area. (Royal Large) Mr. Walton I would like to change staff's recommendation to denial per Dale Tubbs' letter If approved, the recommendation, should contain staff's three conditions. Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no comments the public hearing was closed and the regular meeting reopened. Lengthy discussion between the Commission members and staff as to what procedures should be taken on this case if the Commission should approve it. Mr. Hill the reason I voted NO is because I do not think it is right to lend a right-of- way to someone as a storage area. KIBS225303 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES May 19, 1982 regular meeting Page 8 moved to reconsider case 82-038. Seconded by Mrs. Strickert. Motion a 5-2 vote with Mr. Ramaqlia, Mrs. Strickert, Mr. Ball, Mr. Briggs and 20. CONSIDERATION OF CASE S-81-021.(FINAL) Vacation of (Townhouse) Lots 1 through 63, Block 3 , Alderwood Subdivision, U.S. Survey 1396 (Plat No. 77-23); and replat to Lots 1 through 13, Block 3, Alderwood Subdivision, U.S. Survey 1396. (Bishop Realty, Inc.) Mrs. Crowe state that the Bishop's will dedicate Lot 1 to the City of Kodiak as the park for the subdivision. Mrs. Strickert moved to grant final approval to the through 63, Block 3, Alderwood Subdivision, U.S. Su replat to Lots 1 through 13, Block 3, Alderwood Sub on of monumentati rawn uo for the Citv of Kodiak dedicatinq Lot 1. Block 3. 21. NEW BUSINESS - None 22. COMMUNICATIONS - None 23. ADDITIONAL AUDIENCE COMMENTS - None 24. CHAIRMAN'S REPORT - None 25. COMMITTEE REPORTS - None 26. COMMISSIONER'S COMMENTS - Mr. Hill Mr. Ryser should be investigated as he is cutting out part of the mountain behind my house. Mr. Ramaglia nothing. Mr. Gudenau if a person withdraws an application why go ahead and have the public hearing? Mr. Briggs nothing. Mrs. Strickert nothing. Mr. Ball if a motion to table is made after it is seconded all discussion stops. Mrs. Crowe concerned about the traffic problems by the Center Street Plaza. Mr. Hill would staff write a letter to the following people: City Council, City Mayor, Sargent Culvertson regarding the parking in the fire lane on Cope Street and the parking in the fire lane by the Center Street Plaza. 27. DEPARTMENTAL REPORTS - None 28. ADJOURNMENT - The meeting was adjourned at 12:00 midnight. KODIAK ISLAND BOROUGH F PLANNING AND ZONING COMMISSION CHAIRMAN ATTEST: ANNING SECRETARY DATE APPROVED: June 16. 1982 KIBS�253p4