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1982-03-17 Regular MeetingKODIAK ISLAND BOROUGH PLANNNING AND ZONING COMMISSION MINUTES March 17, 1982, regular meeting Page 1 (Verbatim tape recording available upon request from the Community Development Dept.) CALL TO ORDER AND ROLL CALL - The meeting was called to order at 7:45 p.m. COMMISSIONER'S PRESENT Virginia Crowe Ron Ball Jim Ramaglia Jerry Gudenau JoAnn Strickert Tim Hill Quorum was established. 1. MINUTES - February 17, 1982 - Seconddd by Mr. Ramaglia. Mo 2. APPEARANCE REQUESTS a. Lou Iani Sunset Development Company COMMISSIONER UNEXCUSED Pat Briggs ALSO PRESENT Will Walton, Community Development Director Joanne Jones, Planning Secretary Bill Hodgins, Zoning Officer to ca as Mrs. Crowe explained that Mr. Iani is requesting a variance to build a two bedroom apartment in the basement of the Senior Citizen Complex. It would be used by the resident manager. The variances needed would be for parking and density changes. The Commission scheduled this for the April 21, 1982 Planning and Zoning Commission regular meeting as a public hearing. b. Sherman Rickard Mrs. Crowe Mr. Rickard is asking us to reconsider our decision of February 17, 1982 which denied his variance. r Mr. Ball he should appeal. k Mr. Walton he already has. Mr. Hill moved not to reconsider this case and that Mr. Rickard should with his appeal to the City Council. Seconded by Mrs. Strickert. Mot by unanimous roll call vote. c. Paul Harder - submitted a preliminary subdivision plat in October of 1981, would like to get final approval. All conditions have been met. The house is complete. Mrs. Crowe read a memorandum from Mr. Crowe, which stated all conditions have been met. sion case. Seconded by Mr. Hill Mr. Ball moved to grant final approval on Case 5-81-024, subdivision of lot 1, block 8 Monashka Bay Alaska Subdivision to lots IA. 16 and IG, block 8, Monashka_ Bay Alaska Subdivision with the three conditions we setforth and also a copy of the Borough Engineer's recommendation. Seconded by Mr. Ramaglia. Motion PASSED by unanimous roll call vote. Mrs. Strickert mentioned that we should follow our cutoff date or every meeting is going to be like this with lots of appearance requests and reconsiderations. 3. PUBLIC HEARING ON CASE 82-022. A request for a variance from Section 17.12.040(2) front yard setback - to allow the construction of a garage on lot 1A, block 2, Bells Flats Alaska Subdivision. (Elmer Jesser) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepare, by the Community Development Department which recommended approval. Discussion on the setback of the garage if Ugak Drive was to go all the way through. Mrs. Crowe closed the regular meeting and opened the public hearing. KIBS225284 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 17, 1982, regular meeting Page 2 Mrs. Jesser creek runs 5 feet from the property line. In favor of the request as it would be costly to put the garage on any other location on the lot. Mrs. Crowe can you put the garage on any other spot on the lot? Mrs. Jesser it would be too costly, as we would have to do alot of digging and alot of fill would have to be brought in. Discussion between Mr. Hill and Mrs. Jesser on the topography of the lot. Mr. Ball you want to build between the house and the road? Mrs. Jesser that is correct. Mr. Ramaglia how big is the creek? Mrs. Jesser it is quite large. Mr. Ramaglia does it run all year? Mrs. Jesser yes, except last month it was frozen. Mr. Ramaglia does this creek run across lot 7A? Mrs. Jesser no, it runs along the road. Mrs. Crowe closed the public hearing and reopened the regular meeting. Discussion on the creek hindering the construction of the road. Mrs. Crowe my problem with this is that a garage would be built five (5) feet from the road in a new area. We would be setting a precident. Mr. Ramaglia if we do this we may end up passing another grandfathering clause. Mr. Ball read Section 17.12.040 - Yards. Mr. Ramaglia this might be contrary to the Womens Bay Comprehensive Plan. Mr. Hill moved to 'rant a request for a variance from Section 17.12.040(2) front yard setback - to allow the construction of a garage on lot 1A, block 2, Bells Flats Alaska Subdivision Seconded by Mr. Ball. Motion FAILED by unanimous roll_ call vote. REASONS FOR DENIAL: 1. There are no exceptional physical circumstances or conditions applicable to the property which do not apply generally to other properties in the same district; 2. The strict application of the zoning ordinances will not result in practical difficulties or unnecessary hardship; and 3. The granting of the variance may be contrary to the objectives of the adopted Comprehensive Land Use Plan. 4. PUBLIC HEARING ON CASE 82-024. A request to rezone the unsubdivided portion of USS 1682 from Conservation to R-2, Two Family Residential. (Len Grothe) i STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepare( by the Community Development Department which recommended approval. Mrs. Crowe went through the history that was provided by the Community Development Department to make sure everything that has gone on with this land was clearly understood. Mr. Walton explained the map drawn in 1977 which showed the subdivision line. Mr. Ball explained why the buffer zone was proposed. Mrs. Crowe closed the regular meeting and opened the public hearing. Mrs. Crowe —read a letter from Mr. and Mrs. Steve Olsen who were against the rezone KIBS225285 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 17, 1982, regular meeting Page 3 Someone from the audience asked what conservation zoning allowed. Mrs. Crowe conservation zoning allows residential uses on five (5) acre parcels. Mr. Barker against the rezoning. Mr. Perez against rezoning the land to R-2 as it could be used better at an R-3 zoning. Mr. Gudenau you would rather see this go to a higher density? Mr. Perez yes sir, as it gives the people an option. Mr. Kouremetis against the rezoning, would like to see it remain in the lower density. Len Grothe part owner of the property in question. Explained the history of all of the zoning change requests. Mr. Ball who did you buy the property from? Mr. Grothe Island Resources. Mr. Ball weren't there some covenants to the property when you bought it? Mr. Grothe yes there were. Mr. Hill what are the covenants? Mr. Grothe no trailers within a 1000' radius of the Nachtweih house and I'm really not sure about the rest. Mr. Hill are you sticking with the covenants by rezoning to R-2? Mr. Grothe yes. Mr. Ball isn't all that land in that area covered by the same covenants, so whoever bought land must follow them? Mr. Grothe I think that is true. Discussion between the Commission members on the covenants. Mr. Gudenau do you really think it is our responsiblity to know the covenants on the property? Wouldn't that be between the seller and the purchaser? Mr. Ramaglia Mr. Grothe is requesting R-2 zoning and he state his intention is to subdivide into 25,000 square feet lots. Mr. Walton explained the lot sizes required for each zoning catagory. Discussion between the Commission members and Mr. Grothe on legal lot sizes. Mrs. Crowe what is the configuration of the R-1 buffer zone? Mr. Grothe I think it was the 1000' from Ms. Nachtweih's house. Mr. Barker buffer zone was one (1) lot deep along the back of Woodland Acres blocks 1 and 2 which ran to the top of the ridge. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mrs. Crowe land comes into the Borough as Conservation correct? Mr. Walton -it comes into the Borough as Conservation now, but at some point in the past it may have come into the Borough as Unclassified. Discussion between the Commission members on how land coming into the Borough is zoned. Mrs. Crowe what is the lot size for Rural Residential if you put a two family dwelling on it? KIBS225296 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 17, 1982, regular meeting Page 4 F r r Mr. Walton explained the lot sizes. 80,000 square feet for a duplex without public sewer and water. Discussion between the Commission on lot sizes and uses permitted. Mrs. Crowe called a recess at 9:00 p.m. The meeting was called back to order at 9:15 p.m. Mrs. Crowe I feel a buffer zone is needed. Discussion between the Commission members on the need for a buffer zone. Mr. Hill moved to grant a request to rezone the unsubdivided portion of USS 1 from Conservation to R-2 Two Family Residential. Seconded by Mr. Gudenau. Motion PASSED with a 5-1 vote with Mrs. Crowe voting NO and Mr. Ball, Mr. Gu Mr. Hill Mr. Ramaglia and Mrs. Strickert voting YES. 5. PUBLIC HEARING ON CASE 82-025. Public hearing on the Mill Bay School Complex Final Report. Kodiak Island Borough) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepared by the Community Development Department which recommended that Commission comments be forwarded to the Borough Assembly. Mrs. Crowe closed the regular meeting and opened the public hearing, hearing no comments Mrs. Crowe closed the public hearing and reopened the regular meeting. 6. PUBLIC HEARING ON CASE 5-82-001. (Preliminary) Subdivision of a portion of USS 162, creating a Karluk bulk fuel storage facility. (Karluk IRA Council) STAFF REPORT: Mr. Walton explained that Mr. Jensen from APA called to express a few concerns, specifically the fact that he did not know anything about the request Mrs. Crowe closed the regular meeting and opened the public hearing. Mr. Tom Peterson acting on behalf of the Karluk Tribal Council explained the reason for the subdivision. Talked to Mr. John Cuthill, Regional Land Manager of APA, in Seattle. Discussion on the wording of an ownership condition for the motion. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Ramaglia moved to grant final approval of the subdivision of a portion of USS 162 creating a Karluk bulk fuel storage facility with the stipulation that the Title Block on the final plat have the signature of the APA representative involved and the Karluk IRA Council president. Seconded by Mrs. Strickert. Mott PASSED by unanimous roll call vote. 7. PUBLIC HEARING ON CASE 5-82-004. (Preliminary)Subdivision of lot 9, block 5, Miller Point Alaska Subdivision into lots 9A and 9B, block 5, Miller Point Alaska Subdivision. (Vernon D. Berns) Mrs. Crowe closed the regular meeting and opened the public hearing, hearing no comments Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Hill moved to grant final approval of the subdivision of lot 9, block 5, Miller Point Alaska Subdivision into lots 9A and 9B, block 5, Miller Point Alaska Subdivision with the following conditions: 1. revise ownership affidavit to show two signature lines; 2 add Notary's acknowledgement block for second owner; and 3. complete the monumentation of the new lot corners. Seconded by Mrs. Strickert Motion PASSED by unanimous roll call vote. 8. PUBLIC HEARING ON CASE 5-82-005. (Preliminary)subdivision of unsubdivided portion of USS 1396, creating blocks 4, 5, 6, and 7, Elderberry Heights Subdivision (32 lots). (Len Grothe) Mrs. Crowe closed the regular meeting and opened the public hearing, hearing no comments Tdrs. Crowe closed the public hearing and reopened the regular meeting. TZTR.C')'?S')sty KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 17, 1982, regular meeting Page 5 r r Discussion on practical access to the lots in question. Mr. Ramaglia the Engineer recommends that more work be done on Lilly Way. Discussion on providing access to lots being subdivided. Mr. Grothe statedthat he made it clear to Mr. Crowe that either all of this be approved or it be returned with corrections to be made. Mr. Gudenau can this be reconsidered now? Mr. Walton yes. r Ball moved to reconsider the preliminary subdivision of the unsubdivided Po on of USS 1396, creating blocks 4 5 6 and 7, Elderberry Heights Subdivision. Mrs. Crowe reconsider it now? Mr. Ball yes! PASSED with a 4-2 vote with Mrs Crowe and Mrs. Strickert voting NO and Lenghty discussion between the Commission members and Mr. Grothe.on what the lot configurations are going to be. Mr. Walton a portion of State Law states that the Commission can approve or dis- approve the plat submitted or return it to the applicant for modification or correction. More disucssion on lot configuration and changing the lot configuration of Tract I so that the lines are straight. Mr. Hill can we grant preliminary subdivision approval, then Mr. Grothe can return this to us with all of the stipulations met. Mr. Hill moved to !rant preliminary approval of the unsubdivided portion of USS 13g6_ creatin! blocks 4, and 7, Elderberry Heights Subdivision into 32 lots_ en unanimous roll ca Discussion on whether or not a replat needs to be done on these small land trans- fers. 9. PUBLIC HEARING ON CASE S-82-006. (Preliminary)vacation of lots 4B, 4C and 4D, bloc 2, Bells Flats Alaska Subdivision; and replat to lots 4B-1, 4B-2, 4B-3 and 4B-4, block 2, Bells Flats Alaska Subdivision. (William G. Williams) Mrs. Crowe closed the regular meeting and opened the public hearing, hearing no comments Mrs. Crowe closed the public hearing and reopened the regular meeting. REASONS FOR DENIAL: 1. Lot 4B-3 does not meet the average lot width of 120 feet; and 2. None of the new lot lines run radially with the right-of-way for Birch Circle as required by Code Section 16.20.050(B). 10. CONSIDERATION OF CASE 82-009. A request for sale or lease of Tracts B-3 and B-4A, Bells Flats Alaska Subdivision, USS 2539. (Brechan Enterprises) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepare by the Comma ty Development Department. KIBS22528R KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 17, 1982, regular meeting Page 6 Mr. Walt Ebell Representina Brechan Enterprises. Brechan Enterprises is willing to withdraw their application to lease or purchase Tracts B-3 and B-4A, if the Material Sales Contract Outline is forwarded on to_the Manager for his consideration and then forwarded to the Assembly. Mrs. Crowecalled.a5 minute recess at 10:15 p.m.. The meeting was called back to order at 10:20 p.m. Mr. Ramaglia provisions to maintain haul road, and who is to maintain it? r Discussion between the Commission members on who should maintain the haul road. Mr. Gudenau let the Borough Assembly decide who is going to pay for the maintenance of the road. Discussion on amendments to Resolution 82-009. Mr. Gudenau read Resolution 82-009 with the amendments. Mr. Gudenau moved to approve Resolution 82-009 with amendments. Seconded by Mr. Ball Motion PASSED by unanimous roll call vote. Mrs. Crowe the next item is the Material Sales Contract Outline. Lengthy discusstion between the Commission members, Walt Ebell, Jim Cobis, Bruce Maass and Glen Mathis on changes to be made to the contract outline. Mr. Hill moved to make the following change to the Material Sales Contract Outline: Page 1 Section 1 - delete the word "only" at the end of the sentence and add the words "from this parcel only". Seconded by Mr. Ball. Motion PASSED by unanimous roll call vote. fl F Mr. Ball moved to make the following change to the Material Sales Contract: Page 2 Section 12 - add a sentence on the end of the existing sentence wnic_n reads "haul road will remain open and be maintained during the term of the contrac Seconded by Mr Hill Motion PASSED with a 5-1 vote Mrs. Strickert voted NO and Mr. Ball, Mrs Crowe, Mr. Hill Mr. Ramaglia and Mr. Gudenau voted YES. Mrs Strickert moved to approve the Material Sales Contract Outline with the amendments stated and pass it on to the Borough Assembly for their April meeting_ Seconded by Mr. Bell Motion PASSED by unanimous rollccall vote. 11. CONSIDERATION OF CASE Z-81-010. Kodiak Island Housing Authority Site plan review. (Kodiak Island Housing Authority) Mrs. Crowe summarized the three (3) handouts provided by the Community Development Department and the Engineering Department. Mr. Ebell explained that money was set aside for the Kodiak Island Housing Author- ity's fair share of improvements to Woody Circle. The money will only be set aside for 15 years. Discussion on what happens to the money after the 15 years are Mr. Ebell explained the proposed site plan. KIBS225289 Mr. Hill moved to approve the site plan for the Kodiak Island Housing Authority's project on iracts 13 and E, KadiakAlaska Subdivision, as ail ot the conditions have been met. Secondedy Mr. Gudenau. Motion PASSLU By unanimous roll call KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 17, 1982, regular meeting Page 7 12 13 10 15 16 17 NEW BUSINESS - None COMMUNICATIONS a. Request for Reconsideration of Case S-81-027. Subdivision of lot 9, block 3, Russian Creek Alaska Subdivision into lots 9A and 9B, block 3, Russian Creek Alaska Subdivision. (David G. Martini) Mr. Hill moved to reconsider Case S-81-027, subdivision of lot 9, block 3, Russian Creek Alaska Subdivision into lots 9A and 9B, block 3, Russian Creek Alaska unanimous ro b. Re nest for Reconsideration of Case Z-81-016. A request for an exception from Sections 17.15.0JO C uses permitted in a Conservation zone and Section 17.18.010(b) uses permitted in an R-2 district for the storage of crab pots. (Jerry Gudenau and Len Grothe) Mrs. Crowe I requested this for reconsideration as the survey has not yet been completed so Mr. Gudenau and the property owners on Larch Street know where the boundaries are for the conservation zone and the R-2 zone. Discussion between the Commission members on how to determine where the boundary line is for the R-2 and the conservation district. Discussion between the Commission members and Mr. Walton as to what went on at the June meeting. Mr. Ball moved to recommend that the Borough define a boundary line for the R-2 and conservation zoning on the unsubdivided portion of USS 1396, so that it can determined where the crab pots may be stored. Seconded by Mr. Hill. Motion PASSED with a 5-1 vote with Mrs. Crowe, Mr. Hill, Mr. Gudenau, Mr. Ball and Mrs Strickert voting YES and Mr. Gudeanu abstained. Mrs. Crowe I would like to have a report on this item at our April meeting. Also would you write a letter to Mr. Martin informing him of our action tonight. CHAIRMAN'S REPORT Mrs. Crowe noticed that the City passed its portion of the street name changes. Would like to see the maps updated to reflect the changes. Mr. Walton the Borough portion has been changed I'll remind Dave about the City changes. DEPARTMENTAL REPORTS Mr. Walton Do you want to consider starting your meetings eariler? Commissioner's all against earlier meeting times. ADDITIONAL AUDIENCE COMMENTS Mr. Dave Martini I contacted the owners on either side of me and at the present time they do not wish to sell any of their land. Discussion between the Commission members and Mr. Martini on what has happened so far on the lot, and the reason for the subdivision request. Mr. Ball resubmit your request to the Commission at their April 21, 1982 meeting. COMMISSIONER'S COMMENTS Mrs. Strickert I will be on vacation from April 11 to May 5, 1982. Mr. Gudenau when is our crab pot storage committee going to report? Mr. Walton in April. Mr. Hill nothing. Mr. Ramalgia nothing. Mr. Ball nothing. KIBS225290 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 17, 1982, regular meeting Page 8 18. ADJOURNMENT The meeting was adjourned at 11:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY: 3Ctvwc� Ch irman ATTEST: BY: Cl-��.x -1,n, Tanning Sectatary DATE MINUTES APPROVED: CI� f F KIBS225291