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1983-09-21 Regular MeetingF '- r— KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Regular Meeting - September 21, 1983 CALL TO ORDER Chairman Tim Hill called the meeting to order at 7:30 p.m. in the Assembly Chambers, Kodiak, Alaska. ROLL CALL Present: Tim Hill, Chairman Steve Rennell Pat Briggs Virginia Crowe Dan James JoAnn Strickert Ken Gregg Also Present: Will Walton, Director Community Development Office Linda Freed, Planner Jolinda Goodwin, Planning Secretary Dave Crowe, Borough Engineer 1. MINUTES OF PREVIOUS MEETING - August 17, 1983. The minutes were approved with one correction to Item #12 Committee Reports. Mr. Hill made the recommendation that the Commissioners have staff reports and related material at least one week prior to a regular meeting. MRS. CROWE MOVED TO APPROVE the minutes of August 17, 1983 with the correction. Mr. Rennell seconded the motion and the motion PASSED with a unanimous voice vote. 2. APPEARANCE REQUESTS WITH PRIOR NOTICE AND AUDIENCE COMMENTS. MR. WALTON introduced two letters submitted by residents adjacent to Rasmus Anderson's property who were in complaint of a building permit. Mr. Anderson was not present. It was decided to hear the complaint under Item #17, Additional Audience Comments. 3. OLD BUSINESS. (A) Accessory Building Ordinance. MRS. CROWE MOVED TO PASS ON TO THE ASSEMBLY for their approval Ordinance No. 83-60-0 to read as follows: Section 1. That Section 17.51.050 of Borough Code is amended to read as fo o1Tws: 17.51.050 Area. The area occupied by accessory buildings shall not exceed percent F the area of a lot or mobile home space. Accessory buildings shall not be closer than 5 feet to any side or rear lot line, or be located within 25 feet of any public right-of-way other than an alley. r Mr. James seconded the motion and the question was called. The motion PASSED by unanimous voice vote. 4. PUBLIC HEARING ON CASE 83-108. Island Lake Area Rezoning. Several letters were received from the public as testimony and accepted as part of the record. Mr. Walton explained the maps on the wall for the public's information and the meeting was opened to public hearing. The Commission was met with opposition from several residents of the Island Lake Area, specifically Lots 1 and 2, U.S.S 3464; Lots 5 and 6, Block 10, Miller Point Alaska First Addition; Lots 1 through 7, U.S. 3466. KIBS225427 Objections ranged from inadequate road system to handle an increase in traffic to future police/fire protection, vegetation and erosion, and no compelling need to rezone. There were a few residents from Shafka Acres and Island Lake Sub- division in favor of rezoning their property to R2. Mr. Hill closed the Public Hearing and opened the Regular Meeting. The Commissioners discussed at length the alternatives open to them., r MRS. STRICKERT MOVED TO APPROVE CASE 83-108, Island Lake Area Rezoning, with an amendment to the proposed ordinance. Item #1, Lots 1 and 2, U.S. Survey 3464; Item #2, Lots 5 and 6, Block 10, Miller Point Alaska First; and Item #16, Lots 1 through 7, U.S. Survey 3466 be left as they are at RR1 zoning. Mr. Gregg seconded the motion and the question was called. A roll call vote was taken and the motion CARRIED by unanimous roll call vote. 5. PUBLIC HEARING ON CASE 83-110. A request for a Conditional Use Permit in an RR1 district and a request for a variance from Borough Code 17.17.050, Rear Yards, on Lot 3, Block 3, Island Lake Subdivision, U.S. Survey 3219, submitted by L.K. Lamont. MR. WALTON gave an additional staff report advising of one letter in opposition to the request. Mr. Hill closed the Regular Meeting and opened the Public Hearing. MR. LAMONT spoke before the commission stating that he wanted to move a building back 10' from where he is building a small propeller repair shop. His proposed use of the building was storing welding gear and doing outboard motor repair inside the building. The question was raised con- cerning the general welfare of children in the area due to the bottled gas and equipment needed in this type of home occupation, but Mr. Lamont r remarked that he used extreme care and caution in his occupation. Four local residents spoke before the Commission in opposition to this request. Their objections were small children living next door, increased traffic problems, not wanting a business in a residential area, and the increase in scrap material being stored on the property. r MR. HILL closed the Public Hearing and opened the Regular Meeting. The Borough Code on home occupations was read for the record: "A home occupation means an accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes. It does not change the character thereof and does not involve more than one paid assistant." MRS. STRICKERT MOVED TO APPROVE CASE 83-110, a request for a Conditiona Use Permit in an RR1 district and a request for a variance from Borough Code 17.17.050, Rear Yards, on Lot 3, Block 3, Island Lake Subdivision, U.S. Survey 3219, submitted by L.K. Lamont. Mr. Rennell seconded the motion and the question was called. The motion FAILED the roll call vote unanimously. Mr. Lamont was advised of his right to appeal in writing to the Borough Assembly within 10 days, and that both requests were denied. The reasons for voting no were stated by the Commissioners as follows: On the issue of the Conditional Use Permit: a. This request did not classify as a home occupation; b. That the conditional use would not preserve the value, spirit, character and integrity of the surrounding area; c. That granting the conditional use permit would be harmful to the public health, safety, convenience and comfort; d. That sufficient setbacks, lot area, buffers or other safeguards were not being provided to meet the conditions listed in Subsections (A) through (C) of Section 17.67.050. KIBS225428 Regular Meeting - 2 - September 21, 1983 On the issue of the Variance from Rear Yards: a. That there are no exceptional physical circumstances or conditions applicable to the property or to its intended use or development which apply generally to other properties in the same land use district; b. That the granting of the variance will result in material damage or prejudice to other properties in the vicinity and will be detrimental to the public's health, safety or general welfare; c. That the granting of the variance will be contrary to the objectives of the comprehensive plan; d. That actions of the applicant did cause special conditions or r-- financial hardship or inconvenience from which relief is being sought by a variance; and e. That granting the variance will permit a prohibited land use in the district involved. The Commission also felt that the residents of this area did not wish to have this type of activity in their neighborhood. 6. PUBLIC HEARING ON CASE 83-117. A request for a variance from Borough Code 17.54.010, Height of Fences and Walls, on Lots 11 and 12B, Block 1, Island lake Subdivision, U.S. Survey 3219, submitted by Lorna -Lee Arndt. There was no additional staff report and MR. HILL closed the Regular Meeting and opened the Public Hearing. MRS. ARNDT presented her case in favor of granting the request for a variance to build an 8' fence instead of a 6' fence. MRS. CROWE read comments submitted by Neil Cooper. MRS. CROWE MOVED TO GRANT THE REQUEST for a fence -height variance from 6' to 8 with the following stipulations: 1. that the last 40' before the lake that the fence be only 6' high; r- 2, that the fence be maintained by Mrs. Arndt and/or property owner after it has been constructed and positioned on the property. The question was called and the motion CARRIED unanimously by roll call vote. 7. PUBLIC HEARING ON CASE 83-118. A request to rezone Tract R-1, Killarney Hills, U.S. Survey 3218 from RR1 to R2 and B-Business, submitted by the Archdiocese of Anchorage. MR. HILL expressed his concern with a conflict of interest and asked if the Commission would like him to step down from the chair, as Mr. Hill is on the Parish Committee recommending the rezoning and subdivision of this area. The Commission felt there was no conflict of interest unless there were monetary interest involved. Mr. Hill remained as the chairman and closed the Regular Meeting and opened the Public Hearing. The Commission met with public opposition to the request to rezone. A number of residents from the area where present and stated objections such as the need for proper access to the area, the condition of the present road system, limiting the density on a 7,200 square foot lot, the increase in traffic flow, and a desire to see the area remain single-family. MR. HILL closed the Public Hearing and opened the Regular Meeting r' after a considerable amount of public testimony had been heard. Mr. Hill then stated the intent of the property in the future was to have a road go through all the way to Rezanoff in order to eliminate blockage of any kind. A discussion followed among the Commissioners concerning zoning issues. Father Terro was present to answer questions from the Commission and the suggestion was made to rezone the area to R1 and rezone the property to R2 when Woody Way was moved all the way to Rezanoff Drive. Father Terro stated that he was not in the position to accept an R1 zoning and that he would need to take the suggestion back to his committee for further study. KIBS225429 Regular Meeting - 3 - September 21, 1983 MR. BRIGGS AND MRS. CROWE concurred in their opinion that the entire area should be planned at one time so people on Murphy Way would know what is going to happen, that proper access roads be put into the subdivision, and that it is poor planning to consider pieces of a section. Mrs. Crowe read Section 16.12.010 Familiarization of Subdivider with Requirements from the Borough Code on Subdivision, alluding to the sub- division request which would also have to be tabled if this request were tabled. r— MR. GREGG MOVED TO TABLE CASE 83-118, a request to rezone Tract R-1, Killarney Hills, U.S. Survey 3218 from RR1 to R2 and B-Business, submitted by the Archdiocese of Anchorage, to allow the applicant in the case to discuss the comments and return in 30 days. We will remove this case from the table to discuss further progress, not necessarily to take action at that time. Mr. Gregg reserved a comment and Mrs. Strickert seconded the motion. The motion CARRIED with a unanimous voice vote. MRS. CROWE MOVED TO TABLE ITEM #13 which is the public hearing on the preliminary subdivision of Tract R-1, Killarney Hills Subdivision, U.S. Survey 3218 creating: Lots 7 through 19, Block 3; Lots 2 through 12, Block 4; and Tract "X", Killarney Hills Subdivision, U.S. Survey 3218, submitted by the Catholic Arch -Bishop Corporation/Saint Mary's Parish. Mrs. Strickert seconded the motion and the question was called. The motion PASSED with unanimous voice vote. A FIVE-MINUTE RECESS WAS CALLED at 9:30 p.m. The meeting resumed at 9:40 p.m. 8. PUBLIC HEARING ON CASE 83-112. An ordinance rezoning portions of Chiniak Subdivision from RR1-Rural Residential Single Family Dwelling to RR2-Rural Residential Two Family Dwelling or PL-Public Use Lands, sub- mitted by the Community Development Office. r MR. WALTON gave an additional staff report on this Assembly -initiated ordinance for portions of the fall land sale. The Assembly desired the zoning to prevent further subdivision on a one -acre scale, minimizing problems in the future. Mr. Walton felt this to be in line with the wishes of the citizens of Chiniak and their comprehensive plan proposal of earlier this year. One lot, next to the school, has two residences on it and the suggestion was to subdivide it into two portions, advised by the Borough Engineer. There are two long-term residents living on these lots. The Borough Engineer was advised to submit a subdivision of that one lot. The staff report presented by Mr. Walton recommended rezoning U.S. Survey 3474 from C-Conservation to RR2-Rural Residential. Mrs. Crowe reminded the Commission that this request would be an unadvertised rezoning and would be unfair to the general public. She recommended putting the issue on the October agenda. MR. PHIL SHEALY, BOROUGH MANAGER, spoke before the Commission stating the desire of the Assembly to put three lots up for the fall land sale to straighten out a squatter situation in that neighborhood. He reported recent advise from Mr. Dale Tubbs, Land Consultant, not to put the land up for sale due to a question of title to some of the property. Mr. Shealy concurred with the Mr. Walton that the Commission proceed with the rezoning and make the subdivision fit whatever zoning classification appropriate. rMR. HILL closed the Regular Meeting and opened the Public Hearing. MR. FRANK PETERSON, representing Koniag, spoke before the Commission of the possible boundary disputes on the land in question. He advised of Koniag's intent to seek advice from the appropriate authorities on the boundary question. Mr. Peterson requested that the Commission table this item until further notice, or until sufficient time has allowed research to the question. Mr. Peterson stated that 30 days would be sufficient time. Mr. Peterson further stated that if the Commission should happen to rezone KIBS225430 Regular Meeting - 4 - September 21, 1983 the area without Koniag's finding answers to the questions, Koniag would be back with a similar rezone request. MR. HILL closed the Public Hearing and opened the Regular Meeting. MR. BRIGGS MOVED TO TABLE CASE 83-112, an ordinance rezoning portions of Chinia Subdivision from RR1 to RRZ or PL-Public Use Lands, submitted by the Community Development Office for a period of 30 days. The question was called and the motion CARRIED with unanimous voice vote. 9. PUBLIC HEARING ON CASE 83-113. An ordinance rezoning certain Borough -owned properties for Land Sale #8, submitted by the Community Development Office. MR. WALTON gave additional staff report that one of the lots was included in a previous action tonight. MRS. STRICKERT MOVED TO APPROVE CASE 83-113, an ordinance rezoning certain Borough -owned properties for Land Sale #8, submitted by the Community Development Office and Mr. Rennell seconded the motion. The question was called and the motion CARRIED by unanimous voice vote. 10. PUBLIC HEARING ON CASE 83-119. An ordinance revising Chapter 17.69, Board of Adjustment to Cbapter 17.80, Board of Adjustment, submitted by Kodiak Island Borough Assembly. MR. WALTON gave additional staff report stating the differences between the original ordinance and the proposed one as being under Section 17.80.030 Procedure. MR. JAMES recommended "and/or" Planning Commission member be added to the ordinance under that section. MRS. CROWE added "ten minutes per person" to present the decision. r-- MR. JAMES MOVED TO APPROVE the ordinance revising Chapter 17.69 on Case 83-119, submitted by the Community Development Office, with the following amendments to Section 17.80.030: a) that Item #1 be changed to read "Borough Staff and/or Planning Commission member;" b) "ten minutes per person" to present the decision being appealed and the evidence and reasons relied upon by the Commission. Mrs. Strickert seconded the motion and the question was called. The motion CARRIED by unanimous voice vote. 11. PUBLIC HEARING ON CASE 83-120. An ordinance revising portions of Title 17 of Borough Code on zoning, submitted by the Kodiak Island Borough Assembly. MR. WALTON added that this ordinance was a combination of ordinances previously presented to the Commission at a work session. The ordinances had been combined for ease of review. MR. HILL closed the Regular Meeting and opened the Public Hearing. As there was no public opinion on the ordinance, Mr. Hill closed the Public Hearing and opened the Regular Meeting. MR. RENNELL MOVED TO APPROVE CASE 83-120, an ordinance revising portions of Title 17 of Borough Code on zoning, submitted by the Kodiak Island Borough Assembly and Mr. James seconded. The question was called and the motion CARRIED by unanimous voice vote. 12. PUBLIC HEARING ON CASE 83-126. An ordinance amending Chapter 17.21, B-Business District to include radio stations as a permitted use, submitted by the Community Development Office. MR. JAMES posed a question to Mr. Walton asking at what point in time and for what reason was the mention of residences added to an ordinance that was passed in November. Mr. Walton answered that it was added by the Borough Assembly and that it was a compromise at the Assembly meeting. KIBS225431 Regular Meeting - 5 - September 21, 1983 "Residences" were taken from permitted use section and put down into "conditional use" part. Also, "open storage" was taken from "conditional use" and put into "permitted." MR. JAMES, in light of this information, suggested the Commissioners consider changing the wording in Section DD, or in DD, Section 2, to read "Single family residences, if located in the same structure as the business, and of less square footage of the business as a conditional use." r Some discussion followed in getting the wording of the suggestion correct, businesses and structures, allowed uses, an outside observation of a previous business, and the square footage of the business in the residence. A POINT OF ORDER WAS CALLED. MR. JAMES further suggested that the Commission consider allowing a public radio station as a permitted use in a PL zoning. Mrs. Crowe objected to the suggestion due to advertising of the ordinance. MR. HILL closed the Regular Meeting and opened the Public Hearing. DAVE THOMPSON spoke before the Commission stating again his belief that a public radio station should not be classified as a business and suggested that the Commission consider allowing radio stations as an accepted use under PL-Public Use Lands. A POINT OF ORDER WAS CALLED. Mr. Hill closed the Public Hearing and opened the Regular Meeting. MR. JAMES MOVED TO ACCEPT CASE 83-126, approving an ordinance amending Chapter 17.21 B-Business District to include radio stations as a permitted use, submitted by the Community Development Office with the following changes to Section D, Single Family Residences. Change Section D to read !— "Single Family Residences, if located in the same structure as a business and not to exceed 50 percent of the square footage of the building." Mr. Rennell seconded the motion and the question was called for. The motion CARRIED with an ununanimous voice vote. The vote consisted of: Mr. Hill, yes; Mr. Briggs, yes; Mrs. Crowe, yes; Mr. James, yes; and Mr. Rennell, no; Mr. Gregg, no; and mrs. Strickert, no. 13. Item #13 has been tabled. 14. PUBLIC HEARING ON CASE S-83-039. Preliminary subdivision of Lot 19, Block 7, Bells Flats Alaska Subdivision creating: Lots 19A, 19B, 19C, 19D, and 19E, Block 7, Bells Flats Alaska Subdivision, U.S. Survey 2539, sub- mitted by Ken Manolovitz. DAVE CROWE submitted an additional handout to the Commission. MR. HILL closed the Regular Meeting and opened the Public Hearing. As there was no public comment, Mr. Hill closed the Public Hearing and opened the Regular Meeting. MR. JAMES recommended changing Item #2 under the staff report to read: "that two off-street parking spaces be provided off the roadway for Lots 19D and 19E before the final plat is approved. Mr. James further r- recommended additional conditions under the staff report: 9. "That a covenant be placed on the plats stating that 19A cannot be further subdivided;" 10. "That a covenant be placed on the plats setting the front yard setback for 19A as 25' from the rear lot lines of Lots 19B through 19E;" and 11. "That a 20' wide utility easement be required along the common boundary between Lot 19A and Lots 19B and 19C and the combined... excuse me, and Lot 19D and 19E." KIBS225432 Regular Meeting - 6 - September 21, 1983 Discussion followed among the Commissioners and Mr. Crowe concerning Rassmusonpractical access, stipulations on plats, no further subdivision until the entire area is viewed and analyzed, piecemeal fashion of subdivision, ease- ment problem, and the additional conditions set by Mr. James. MR. JAMES MOVED TO APPROVE CASE S-83-039, preliminary subdivision of Lot 19, Block 7, Bells Flats Alaska Subdivision creating: Lots 19A, 19B, 19C, 19D, and 19E, Block 7, Bells Flats Alaska Subdivision, U.S. Survey r 2539, submitted by Ken Manolovitz per Mr. Crowe's memorandum dated 9/13/83 with the following changes and conditions: That Item #2 of the staff report be changed to read: "that two off-street parking spaces be provided off the roadway for Lots 19D and 19E before the final plat is approved;" Item #9 to read: "that a covenant be placed on the plat setting the front yard setback for Lot 19A as 75' from the rear lot lines of Lots 19B through 19E;" and Item #10 to read: "that a 20'wide utility easement be required along the common boundary between Lot 19A and Lots 19B, 19C, 19D, 19E." MRS. STRICKERT seconded the motion and the question was called. A roll call vote was recorded as follows: Mr. James, yes; Mrs. Strickert, yes; Mr. Rennell, yes; Mr. Briggs, yes; Mrs. Crowe, no; Mr. Gregg, yes; and Mr. Hill, yes. The motion CARRIED with six "yes" and one "no." 15. NEW BUSINESS - There was no new business. 16. COMMUNICATIONS - A five-minute recess was called for the purpose of reading the item of communication that was presented to the Commission just before the start of the meeting. a) Letters were submitted to the Planning and Zoning Commission prior to the meeting concerning a "shed" being built on Lot 18, Block 2, Leite Subdivision, Kodiak, directly behind Lot 3, Block 2. The letters were submitted by Donna Schmelzenbach and Ruth Gordon. The building in question is owned by Rasmus Anderson and the dispute is over the legality of the building permit that was issued by the Community Development Office. Mrs. Gordon was present to voice her objections to the "shed." The consensus of the Commission was that both Borough and City officials should consider the "shed" in violation of zoning codes. 17. ADDITIONAL AUDIENCE COMMENTS - MRS. RUTH GORDON spoke before the Commission in regards to the shed" and building permit in question addressed in Item 16, Communications. 18. CHAIRMAN'S REPORT - MRS. CROWE requested a joint memo from the Engineering Department and the Community Development Office concerning the time limit involved in getting staff reports and related material to the Commission before a regular meeting. MR. HILL again recommended that the time limit be one week prior to the meeting. MRS. STRICKERT suggested a uniform fence measure regarding maintenance rof fences permitted in the Borough. MR. BRIGGS suggested taking up water and sewer in the Rezanoff Area at the next work session. MR. GREGG suggested that the question of radio stations and pro- fessional buildings be addressed at the next work session. Also, a letter was requested to Selief about a cliff and the danger it poses to small children. KIBS225433 Regular Meeting - 7 - September 21, 1983 r^ 7 MR. RENNELL stated that Item #6 of this agenda was to be considered a family dispute (the part about Arndt being totally responsible for the financial aspects of the fence) and that this item might give the Borough Assembly some light on the question of Animal Control. Mr. Rennell also suggested that the Commissioners make an effort to address the Chairman when they wish to speak in recognition of the bylaws of the Commission. 19. COMMITTEE REPORTS - There were no Committee Reports. 20. COMMISSIONER'S REPORTS - There were no Commissioner's Reports. 21. DEPARTMENTAL REPORTS - There were no Departmental Reports. 22. ADJOURNMENT - The meeting was adjourned by Mr. Hill at 11 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION I ATTEST: BY: Planning Yecetary DATE APPROVED: p / 3 Mairman, and Zoning Commission KIBS225434 Regular Meeting - 8 - September 21, 1983