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1983-10-19 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Regular Meeting - October 19, 1983 CALL TO ORDER r'- Chairman Tim Hill called the meeting to order at 7:34 p.m. in the Assembly Chambers, Kodiak, Alaska. ROLL CALL Commissioners Present: Also Present: Tim Hill, Chairman Linda Freed, Director Steve Rennell Community Development Department Pat Briggs Virginia Crowe Dave Crowe, Borough Engineer Dan James Ken Gregg Jolinda Goodwin, Planning Secretary Commissioner Absent: JoAnn Strickert 1. MINUTES OF PREVIOUS MEETING - September 21, 1983. The minutes were approved with one correction to Item #6, Public Hearing on Case 83-117. Mrs. Crowe corrected condition #2 of the motion to read: that the fence be maintained by Mrs. Arndt or the property owner after it has been constructed and positioned on the property." r- MR. JAMES MOVED TO APPROVE the minutes of the September 21, 1983 with the amendment stated by Mrs. Crowe. The question was called and the motion CARRIED by unanimous voice vote. 2. APPEARANCE REQUESTS WITH PRIOR NOTICE AND AUDIENCE COMMENTS. There were no appearance requests with prior notice and no audience comments. 3. PUBLIC HEARING ON CASE 83-127. A request to rezone Lots 42 and 43, Block 12, leutian Homes Subdivision from R1 to R3, submitted by Ms. Pearleen Hunter. There was no additional staff report and Mr. Hill closed the Regular Meeting and opened the Public Hearing. MS. PEARLEEN HUNTER appeared before the Commission and explained that her request was to put one duplex on Lots 42 and 43 and join them with a crosswalk. By utilizing both lots, Ms. Hunter would have the required square footage needed to build. She would also like to rent out the basement on one side and have her ceramic shop/home occupation on the other side. Provisions would be made for adequate parking, and Ms. Hunter felt that her hours of .-- business would not create any adverse traffic problems. Several questions arose regarding the request. Mr. Hill suggested that Ms. Hunter be invited to the November 2, 1983 work session where the Commission could take more time to communicate the request. MR. RALPH COOK appeared before the Commission in favor of granting this request. He spoke of Mill Bay Road being a natural extension for business development, the traffic problems along Mill Bay Road that create restrictions on that growth, and the possible solutions to the traffic flow. KIBS225435 MR. HILL invited Mr. Cook to the November 2, 1983 work session to con- tinue the discussion and plan a positive course of action. KEN HUFF AND LAURIE HUFF appeared before the Commission to voice their objection to the request based on the current traffic problems and a desire to see the area remain R1 zoning. MR. BRIGGS MOVED TO TABLE Public Hearing on Case 83-127, a request to rezone Lots 4Z and 43, Block 12, Aleutian Homes Subdivision from R1 to R3, r submitted by Ms. Pearleen Hunter until the November 16, 1983 Regular Meeting. Mr. Gregg seconded the motion and the question was called. The motion CARRIED by unanimous roll call vote. 4. PUBLIC HEARING ON CASE 83-134. A request to rezone 1.14 acres of U.S. Survey 2735 from Conservation to Business, submitted by Ms. Vivian Munro. MS. FREED gave an additional staff report on the concern over the legal access to the property stating that the property is currently owned by the Federal Government, is under selection by both state government and Leisnoi, and was under consideration for land conveyance. MR. ALAN AUSTERMAN appeared before the Commission and submitted two hand- outs for consideration, proposed development and existing development. Plans for the development of tourism in Kodiak were discussed. Mr. Austerman also stated the need to rezone the property to gain financial backing. MR. HILL closed the Public Hearing and opened the Regular Meeting. A dis- cussion followed regarding contract zoning, platted access and easements. MS. VIVIAN MUNRO requested to address the Commission as the property owner. She mentioned the right of domain after a certain period of time in regards to the access discussion. Mrs. Crowe stated for the record that the access problem r does exist and that the Board did not want Ms. Munro to lose access. MR. RENNELL MOVED TO APPROVE Case 83-134, a request to rezone 1.14 acres of U.S. Survey 2735 from Conservation to Business, submitted by Ms. Vivian Munro. Mr. Gregg seconded the motion and the question was called. ROLL CALL VOTE: Mr. James, no; Mr. Hill, yes; Mr. Rennell, yes; Mr. Gregg, yes; Mr. Briggs, yes; Mrs. Crowe, no. The motion CARRIED. 5. PUBLIC HEARING ON CASE 83-130, a request from Timberline, Inc. to adjust the boundary of its leased area with no change in acreage and for another access onto Monashka Bay Road, ADL 44355. MS. FREED reported a conservation with Mr. Dale Tubbs, Land Management Consultant for the Kodiak Island Borough, regarding adjacent property that is being requested as part of the lease adjustment being patented to the Borough. The discussion with Mr. Tubbs revealed the land has not been patented, is in the process of being patented, and was not a major consideration of changing the leased boundaries. MR. HILL closed the Regular Meeting and opened the Public Hearing. MR. MEL STEVENS, representing Timberline, Inc., explained the trading of a triangular half -acre for another triangular half -acre, resulting in evening up the northeasterly boundary line and benefiting the Borough and the use of r-- other property tentatively approved for patent. The request for an additional access road onto Monashka Bay Road is necessary because the larger logging trucks are experiencing great difficulty maneuvering in and out of the sawmill. MR. PHIL SHEALY, Borough Manager, spoke before the Commission at the request of Reed Oswalt, owner of Timberline, Inc. Mr. Shealy spoke in favor of squaring up the boundary line as requested and of separating the log trucks from the people who frequent the sawmill. He suggested the Commission keep an eye on the future development of the entire area. Regular Meeting - 2 - October 19, 1983 KIBS225436 MS. CATHY CORDRY spoke before the Commission as a concerned citizen, was neither for nor against the request, but questioned the worth of an additional access road for just two years. MR. BOB SCOTT, another concerned citizen, questioned additional proposed leasing in the same area and stated he had no objection to the request. MR. SHAWN DILLION presented his objections to having any further dealings with Timberline due to alleged past lease violations and expressed his concern over possible pollution of the area from the dump site. MS. NANCY MISSAL also appeared before the Commission, having no objections to the additional road access and against the "swap" of land. MR. HILL closed the Public Hearing and opened the Regular Meeting. A discussion ensued among the Commissioners. MRS. CROWE MOVED TO RECOMMEND TO THE BOROUGH ASSEMBLY that the Timberline lease be modified to adjust the boundary of the eased area with no change in acreage on ADL 44355, the change of which is called out in the memo of 10/12/83, with the following recommen- dations: 1) that the greenbelt be established in the changed area; 2) that the Assembly consider the justification for rent increase; 3) that no additional access road be added to the leased area; and 4) that Timberline assume the expense for the modification of this lease. Mr. Rennell seconded the motion and the question was called. ROLL CALL VOTE: Mrs. Crowe, yes; Mr. Gregg, yes; Mr. Hill, yes; Mr. James, yes; Mr. Rennell, yes; Mr. Briggs, no. The motion CARRIED. Mr. Hill reminded the applicant of the appeal process as the Commission only granted one of the requests. 6. PUBLIC HEARING ON CASE 83-133, a request for a variance from Borough Code 17.51.040, Height Limit, and 17.51.050, Area, originating from the Rausmusson Anderson Building Permit question. r-- Mr. Hill stated for the record that this was an appeal of an adminis- trative decision and that any decision made could be appealed to the City Council by any person or party aggrieved by the decision. Mr. Hill closed the Regular Meeting and opened the Public Hearing. Three parties appeared before the Commission in support of the Andersons: MR. AND MRS. SHARRATT, who felt that something should have been done prior to the completion of the building; and MR. LEON DAVID, retired school teacher, who spoke on behalf of the Andersons stating that the building did not obstruct the neighbors' view and that the destruction of the building would adversely affect other buildings in the city of Kodiak. MRS. OLIVE RUTH GORDON, wife of the building inspector adjacent to the Anderson's property, read a letter of protest submitted to the Commission and mentioned several people, had referred to the building as a "home." Mrs. Gordon had contacted both City and Borough officials in an attempt to stop the con- struction of the building in question. MR. AND MRS. SCHMELZENBACH, adjacent property owners, stated their object- ions to granting the variance. Their main concern was that the building was too high, too close, and presented a fire hazard. MR. AND MRS. STALEY, Lot 19, Leite Addition, stated that the structure had been found to be illegal based on current City and Borough building r restrictions, with objections to maximum height and ground area and distances between structure and property lines. The fire hazard concern was mentioned. Mr. Staley submitted a petition signed by 22 property owners in the area and some pictures of the structure. MR. SID OMLID, spoke in behalf of his mother, Marie Omlid, who lives on Lot 18A in front of the Anderson's house, and submitted a copy of the plat and some pictures of the structure. He stated that not only was the building in excess on the ground floor (area), but in excess to a greater degree on the second story, plus a deck was being added. He expressed concern for fire hazard and with the way the building permit was issued. Regular Meeting - 3 - October 19, 1983 KIBS225437 MR. AND MRS. ANDERSON spoke in defense of the construction that had already occurred, felt they were in conformance with the laws, and did not understand how their building could be considered a fire hazard as they were not living in the building. MR. JOHN SULLIVAN, city building inspector, stated that Mr. Anderson had obtained what they felt to be a legally -zoned building permit and had called the city offices twice during the building process to check compliance with building restrictions. Mr. Sullivan discussed with the Commissioners the r two -fold process necessary to obtain a building permit, that it is done in 1 conjunction with the City, and that these were zoning violations in question. MR. HILL closed the Public Hearing and opened the Regular Meeting. He read into the minutes a memo of October 12, 1983, to the Commission from the Community Development Department, regarding the facts to be considered on the appeal. MS. FREED clarified for the Commission what action might be taken: the Commission could affirm the administrative decision and the building would have to be brought into compliance; or the Commission could reverse the admin- istrative decision, in whole or in part, and grant relief in the form of a variance for the portions of the structure in violation. MRS. CROWE MOVED TO AFFIRM THE ADMINISTRATIVE DECISION as outlined in Ms. Freed's letter to Mr. and Mrs. Anderson dated October 6, 1983. Mr. Rennell seconded the motion and the question was called. ROLL CALL VOTE: All the Commissioners voted "yes" except for Mr. James who voted "no." The motion CARRIED. MR. HILL CALLED A TEN-MINUTE RECESS AT 10:15 P.M. The meeting resumed at 10:27 p.m. 7. PUBLIC HEARING ON CASE 83-118. A request to rezone Tract R-1, Killarney Hills Subdivision, U.S. Survey 3218, from RR1 to R2 and Business, submitted by the Archdiocese of Anchorage and TABLED from the September 21, 1983 meeting. I MR. HILL stated that due to the conflict of interest at the last meeting and the resulting public opinion when he remained as Chairman, he would declare conflict of interest in this case and step down from the chair. He turned the meeting over to Mrs. Crowe. MRS. CROWE then stated for the record that the Commission was in error at the last meeting in not declaring Mr. Hill in conflict of interest. There were no further comments. Mrs. Crowe closed the Regular Meeting and opened the Public Hearing. MR. HILL explained that Tract R-1C is proposed for Business zoning and the lot lines had been moved; Tract R-1B is proposed to remain at RR1 zoning; Tract R-1A will remain RR1 zoning; and Block 3 and 4 are proposed for R2 zoning. There was no further public input and Mrs. Crowe closed the Public Hearing and opened the Regular Meeting. MR. GREGG MOVED TO REMOVE FROM THE TABLE Case 83-118. Mr. Rennell seconded and the motion MRRIED by unanimous voice vote. MR. BRIGGS MOVED TO APPROVE the rezoning of Blocks 3 and 4 of Killarney Hills Subdivision to R2 and Tract R-1C to Business. Mr. Gregg seconded the motion and the question was called. The motion CARRIED by unanimous roll call vote. 8. PUBLIC HEARING ON CASE S-83-038. Preliminary Subdivision of a portion of Tract R-1, Killarney Hills Subdivision, U.S. Survey 3218, creating: r Lots 7-19, Block 3; Lots 2-12, Block 4; and Tract "X," Killarney Hills Sub- division, U.S. Survey 3218, submitted by the Catholic Arch -Bishop Corporation/ Saint Mary's Parish and TABLED from the September 21, 1983 meeting. MR. CROWE gave an additional staff report and a discussion ensued among the Commissioners to clarify the stipulations on the subdivision. Mrs. Crowe closed the Regular Meeting and opened the Public Hearing. As there were no audience comments, Mrs. Crowe closed the Public Hearing and opened the Regular Meeting. Regular Meeting - 4 - October 19, 1983 KIBS225438 MRS. CROWE recommended that either Lot 16 or Lot 17 be dedicated as park area or open spaces. Mr. Briggs felt opposed to the suggestion. MR. GREGG MOVED TO REMOVE FROM THE TABLE Case 5-83-038, seconded by Mr. RenneTlThe motion CARRIED by unanimous voice vote. MR. GREGG MOVED TO APPROVE Case S-83-M-8, subdivision of Tract R-1, Ki larney Hills Subdivision, U.S. Survey 3218, creating R-IC, R-IB, and Block 3 and Block 4 as shown on the preliminary plat per the Borough Engineer's memo of September 12, 1983, as amended in our discussion to include a 20' utility easement on the Easterly boundary of Tract R-1C, extending from Mill Bay Road to the r. platted Woody Way. Mr. Rennell seconded the motion and the question was called. The motion CARRIED by unanimous roll call vote. 9. PUBLIC HEARING ON CASE 83-138. An ordinance rezoning U.S. Survey 3474 from Conservation to RR2, submitted by the Community Development Department. MS. FREED recommended that this item be tabled until the November Regular Meeting to allow notification to the individual property owners. MR. RENNELL MOVED TO TABLE CASE 83-138 until the next Regular Meeting in November. Mrs. Crowe seconded and the motion CARRIED by unanimous voice vote. 10. OLD BUSINESS A) CASE 83-112. An ordinance rezoning portions of Chiniak Subdivision from RR1 to RR2 or Public Use Lands, TABLED from the September 21, 1983 Meeting. MS. FREED related her conversation with Mr. Frank Peterson, the current Land Manager of KONIAG, who was unable to attend this meeting. Mr. Peterson has been consulting with BLM regarding the title dispute. Ms. Freed further stated that the Borough Assembly had tabled the award of the bid for the removal of timber in the platted right-of-way for the proposed subdivision and that these matters will be before the Assembly at their November 8, 1983 meeting. MRS. CROWE MOVED TO REMOVE FROM THE TABLE Case 83-112, seconded by Mr. Rennell, and the motion CARRIED by unanimous voice vote. MRS. CROWE MOVED TO RECOMMEND APPROVAL OF ORDINANCE 83-065-0 to rezone portions of the Chiniak Subdivision from RR1 to RR2 or PL per the ordinance in the packets with the addition of Section 3, the proper verbiage that would express the updating of the official zoning map. Section 3 would then become Section 4. Mr. Rennell seconded the motion and the question was called. The motion CARRIED by unanimous voice vote. 11. NEW BUSINESS - There was no new business. 12. COMMUNICATIONS A. Kodiak Island Borough v. Grothe, Stipulation and Judgment. This item was given to the Commissioners for their information. 13. ADDITIONAL AUDIENCE COMMENTS - There were no additional audience comments. 14. CHAIRMAN'S REPORT MR. HILL commented on an issue involving Dr. John J. Eufemio, Mr. Dave Crowe, and Mr. Shealy. Mr. Hill recommended that an item tabled should be tabled until the next regular meeting, not for 30 days. Mr. Hill also re- lated a phone call from Shahafka Acres in complaint of the height of the Brechan's batch plant. MS. FREED commented that the building permit had been checked and the permit is authorized for the height of the building. The batch plant is in violation of the Borough Code, if it is closer than 50' to a residential district. Regular Meeting - 5 - October 19, 1983 KIBS225439 15. COMMITTEE REPORTS - There were no committee reports. 16. COMMISSIONER'S COMMENTS MR. BRIGGS asked if action was going to be taken on that portion of Rezanoff where the property is now tied into the sewer. Discussion ensued. MRS. CROWE requested an ordinance drafted to require people coming in for a building permit to have an as -built done. Discussion ensued. MR. RENNELL commented on the tough decision regarding the Anderson's case. MR. GREGG commented that someone on Selief had dug out their bank and put in two off-street parking spaces, which was a major operation. 17. DEPARTMENTAL REPORTS - There were no departmental reports. 18. ADJOURNMENT MRS. CROWE moved to adjourn at 11:12 p.m. and the motion was seconded. The meeting was adjourned at 11:12 p.m., October 19, 1983. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Chairman, P g and Zoning Commission ATTEST: BY: Plann g Secretary �p DATE APPROVED: �at�cna, �,u //6, M3 Regular Meeting - 6 - October 19, 1983 KIBS225440