Loading...
1983-07-20 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Regular Meeting July 20, 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 Ken Gregg Dan James JoAnn Strickert Also Present: Will Walton, Director, Community Development Office Jolinda Goodwin, Planning Secretary Dave Crowe, Borough Engineer 1. MINUTES OF PREVIOUS MEETING - June 15, 1983 There were no comments and Mrs. Crowe moved to accept the minutes. Seconded by Mrs. Strickert. The motion carried by unanimous voice vote. 2. APPEARANCE REQUESTS WITH PRIOR NOTICE AND AUDIENCE COMMENTS A. Kodiak Public Broadcasting Corporation submitted a letter dated July 8, 1983 as a request for a ruling by the Planning and Zoning Commission on whether a public radio station would be a permitted use under R2 zoning. Mr. Walton introduced two handouts prepared by the Community Development Office showing where radio stations appear in different books. Mr. Rennell spoke for KMXT radio station. A discussion ensued whether this item should be put on a public hearing or worked on at the next Planning and Zoning work session. Mr. Hill moved to be in favor of either working on it tonight or at a work session. Mr. James suggested a written statement from KMXT's engineer stating no interference at the work session for anybody who shows up. B. Mr. Hill announced that Item #18, CONSIDERATION OF CASE S-83-017 (Final) Subdivision of Lot 1 and Tract Q, Russian Creek Alaska Subdivision, into Lots 1-18, Russian Hill Subdivision, submitted by David J. "Jack" King was deleted from the agenda as Mr. King did not submit anything for a final. It will be added to the August 17 agenda. C. Mr. Hill announced that at the June 15 Regular Meeting Mr. Gregg made a comment under Commissioner's Comments for a reconsideration of the Lakeview Subdivision. Since a motion was not made nor seconded at that time, it is considered just a comment and is not brought up for recon- sideration. 3. PUBLIC HEARING ON CASE 83-071. A request for a conditional use permit to permit a c i care center in a single family home on Lot 5, Block 1, Leite Addition, 1325 Ismailov, submitted by Joan Newland. Twenty-one (21) Public Hearing Notices were mailed July 7, 1983 and no comments were returned. Mr. Walton read several handouts and a phone message received prior to the meeting. All handouts were in favor of granting the conditional use permit. KIBS225408 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - July 20, 1983 Page 2 Mrs. Crowe asked whether the conditional use could travel with the resident. A discussion followed. Mr. Hill closed the Regular Meeting and opened the Public Hearing. Joan Newland spoke in favor of granting the conditional use permit. Mrs. Crowe questioned Mrs. Newland on future residency plans. Ms. Collins, Ms. Diedre L. Bailey, Ms. Susan DeWitt-Ramaglia, and Ms. Susan Jewell all spoke in favor of granting the conditional use permit. Mr. Hill closed the Public Hearing and opened the Regular Meeting. Mrs. Crowe moved to grant the request for a conditional use permit to permit a child care center in a single family home on Lot 5, Block 1, Leite Addition, 1325 Ismailov, submitted by Joan Newland, with the following conditions: 1. Hours of operation be limited to 7:00 a.m. to 6:00 p.m.; 2. Enrollment be limited to the equivalent of twenty (20) children; 3. Children's play area be restricted to the fenced rear yard; 4. Conditional use permit will cease when Mrs. Newland vacates the property; and 5. Required off-street parking spaces be delineated. Mrs. Strickert seconded the motion and the question was called. The motion carried with a unanimous roll call vote. Mr. Briggs and Mr. Rennell stated for the record that they have never been against day care. Their concern was for the neighborhoodlintegrity of the people who live in that area, and that a residential area doesn't turn into a business area. 4. PUBLIC HEARING ON CASE 83-079. A request for a variance from Sections 17.60.030 (A) an of Boroughode to place a 4' x 8' sign approximately 6' from the property line on Lot 7, Block 13, Aleutian Homes Subdivision, 517 Carolyn Street, submitted by Caroline Moore. Eighteen (18) Public Hearing Notices were mailed on July 7, 1983 with one (1) response. Mr. Hill closed the Regular Meeting and opened the Public Hearing. Mrs. Moore gave her reasons for wanting the sign located where it is. A discussion followed with Mrs. Crowe and Mr. Hill against the request. Ken Gregg spoke of the parking problem near the sign. Mrs. Crowe moved to grant the request for a variance from Sections 17.60.030 (A) and (G) of Borough Code to place a 4' x 8' sign approximately 6' from the property line on Lot 7, Block 13, Aleutian Homes Subdivision, 517 Carolyn Street, submitted by Caroline Moore. The question was called /^ and the motion failed unanimously by roll call vote. Mr. Briggs stated his reason for voting "no" was it is advertising a home occupation in a family residential area that is not a business area. Mrs. Moore was advised of her right to appeal to the City Council within ten (10) days of this meeting. KIBS225409 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - July 20, 1983 Page 3 5. PUBLIC HEARING ON CASE 83-080. A request to rezone Lot 6, Block 7, Port Lions Subdivision from R1-Single Family Residential to B-Business, submitted by Sam Gimelli. Seventeen (17) Public Hearing Notices were mailed on July 7, 1983 and six (6) comments against this request were returned. Mr. Hill closed the Regular Meeting and opened the Public Hearing. Mayor Herrnsteen spoke against this request. Mr. Hill closed the Public Hearing and opened the Regular Meeting. Mr. Briggs moved to grant the request to rezone Lot 6, Block 7, Port Lions Subdivision from R1-Single Family Residential to B-Business. Mr. Rennell seconded the motion and the question was called. The motion failed by a unanimous roll call vote. 6. PUBLIC HEARING ON CASE 83-058. A request to rezone Lot 8, Block 10, Port Lions Subdivision from RI -Single Family Residential to B-Business, submitted by Karen M. Pestrikoff. Mrs. Strickert made a motion to bring the item up from the table and it was seconded by Mr. Hill. Motion carried by unanimous roll call vote. Seventeen (17) Public Hearing Notices were mailed on July 7, 1983 and four (4) comments were received in against the request to rezone. Mr. Hill closed the Regular Meeting and opened the Public Hearing. There were no public comments. Mrs. Strickert moved to grant the request to rezone Lot 8, Block 10, Port Lions Subdivision from RI -Single Family Residential to B-Business, submitted by Karen M. Pestrikoff. Mr. Rennell seconded the motion and the question was called. The motion failed by a unanimous roll call vote. Mrs. Pestrikoff has the right to appeal to the Port Lions City Council within ten (10) days, and per July 12, 1983 memo from the Community Development Office regarding reasons of the denial. 7. PUBLIC HEARING ON CASE 83-083. A request for a variance from Section 17.19.030 A of Borough Code on Lot Area, to construct a duplex on Lot 7, Block 32, East Addition, 1012 Rezanoff, submitted by Jack Ibach. Fourteen (14) Public Hearing Notices were mailed on July 7, 1983 and three (3) comments against the request were returned. Mr. James commented on the lack -of -parking problem which was mentioned several times in the returned Public Hearing Notices. Mr. Hill closed the Regular Meeting and opened the Public Hearing. Mr. Jack Ibach spoke in favor of granting the variance in order to build a duplex to supplement his income. He plans on having adequate off-street parking. Questions and answers ensued between the Commissioners and Mr. Ibach concerning off-street parking, the terrain, and the congestion of the alley due to parking. Mr. Ibach stated that there was parking in front of his house. KIBS225410 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - July 20, 1983 Page 4 Mr. Hill closed the Public Hearing and opened the Regular Meeting. The Commission discussed the 20' right-of-way. Mr. James felt the motion should include a condition calling for more off-street parking. Mrs. Crowe moved to grant the request for a variance from Section 17.19.030 (A) of Borough Code on Lot Area to construct a duplex on Lot 7, Block 32, East Addition, 1012 Rezanoff, submitted by Jack Ibach, with the following conditions: 1. In construction of this building, all setbacks will be adhered to; 2. Four (4) parking spaces be developed and completed before occupation; and 3. Efficiency apartment be limited to 400 square feet. The motion was seconded by Mr. James and the question was called. The motion carried by a unanimous roll call vote. Mrs. Crowe asked who's responsibility it is to see that parking spaces that are submitted with the site plan for houses when the building permit is issued are developed and usable on lots. Mr. Walton replied in this case a combination of the city building inspector and the Borough zoning officer. Mrs. Crowe requested a memo written to both parties saying that we have noticed the congestion of parking and question whether the required /- off-street parking has been provided for in that area, and if the parking is not provided for as it should be, that the proper action be taken. The Commission will require a written response as to the findings of the parties notified. 8. PUBLIC HEARING ON CASE 83-091. A request for a variance from Section 17.17.050 of Borough Code to permit the construction of a single family home on Lot 8, U.S.S. 3101, with 10' front and side yards, 3515 Mission Road, submitted by Jerry Matson. Fourteen (14) Public Hearing Notices were mailed on July 7, 1983 and no comments were returned. Mr. Hill closed the Regular Meeting and opened the Public Hearing. Mr. Jerry Matson spoke of the condition of his lot and the severe slope. He hopes to be granted a variance so that he may capture the beauty of the view. Mr. Hill asked Mr. Matson if he weren't in favor of putting in fill to raise the lot up to meet the 25' setbacks and Mr. Matson replied "no." A discussion of the driveway, approximate grade of the driveway, encouraging parking at the top of the driveway, and emergency parking for winter conditions followed. Mr. Hill closed the Public Hearing and opened the Regular Meeting. Mrs. Strickert moved to grant the request for a variance from Section 17.17.050 of Borough Code to permit the construction of a single family residence on Lot 8, U.S.S. 3101, with 10' front and side yards, 3515 Mission Road, submitted by Jerry Matson with the following conditions: 1. That two (2) off-street parking spaces be constructed on the front of the lot; 2. That they not encroach on the right-of-way; and 3. That they also be constructed before occupancy of the dwelling. KIBS225411 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - July 20, 1983 Page 5 Mr. Rennell seconded the motion and the question was called. The motion carried by roll call vote as follows: Mr. James, no; Mrs. Strickert, yes; Mr. Rennell, no; Mr. Briggs, yes, Mrs. Crowe, yes, Mr. Gregg, yes, and Mr. Hill, yes. 9. PUBLIC HEARING ON CASE 83-090. A request for a road easement for access to Lot TB-_-T,-BTo-c_k_T,__Be7Ts Flats Alaska Subdivision, from Sargent Creek Road (extended) to the 20' access easement on the back lot lines of Lots 4B-1 through 4B-4, Block 2, Bells Flats Alaska Subdivision, submitted by Fluerette Stutes. Nine (9) Public Hearing Notices were mailed on July 7, 1983 and one (1) comment with an interesting post script was returned. Mr. Walton spoke with Ms. Stutes last week and relayed the message that she would be out of town. Mr. Walton related that Mr. Dale Tubbs, Land Management Consultant for the Borough, has no objection with the use of a previously constructed facility or her improvement of it if Ms. Stutes wishes it. The wording from the staff report on condition #1 was changed to read as follows: if a future road right-of-way is located in this location, its width shall extend 30' from the centerline of the vehicle trail in both directions. Mr. Hill closed the Regular Meeting and opened the Public Hearing. Mr. Williams was requested by Ms. Stutes to be present to answer questions in her absence. Mr. Williams spoke in favor of the request as he shares adjacent property and will be making a similar request in the months to come. Some discussion followed on the access to Mr. William's lot, the effect on all four lots, easements, and damage that might arise from bulldozing. Mike Arndt, the owner of Block 2, Lot 4E, directly adjacent to Lot 4B-4, spoke and is presently interested in purchasing lot 4B-4. He is in favor of the easement coming across the Borough property as it is more feasible to come across the back than to try to come up the front on 4B-4 and 4B-3 because of topography of the land. Mr. Hill closed the Public Hearing and opened the Regular Meeting. Mr. Gregg made the motion that in Case 83-090 the Borough issue a letter of non -objection for use of the existing vehicle trail located on Section 30, T28S, R20W, Seward Meridian which connects Sargent Creek Road (extended), with an access easement on Lots 4B-1 through 4B-4, Block 2, Bells Flats Alaska Subdivision, with the following conditions: 1. If the future road right-of-way is located at this location, its width shall extend 30' from the centerline of the vehicle trail in both /^ directions; and 2. Any improvements made to the vehicle trail will be at the applicant's sole cost and expense with no liability on the Borough for reimbursement in the future. The question was called for and the motion carried with a unanimous roll call vote. Mr. Hill called a ten (10) minute recess at 9:05 p.m. and reconvened the meeting at 9:15 p.m. KIBS225412 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - July 20, 1983 Page 6 10. PUBLIC HEARING ON CASE 83-084. Public hearing on the exchange of certain lands in the vicinity of the Municipal Airport with the City of l Kodiak, submitted by the Community Development Department. Mr. Hill closed the Regular Meeting and opened the Public Hearing. Mr. John Morton spoke and asked where the land was and was given a map to help him locate the property. Mr. Morton voiced an objection. Mr. Ralph Wright was given assistance in reading the map. Mr. Hill closed the Public Hearing and opened the Regular Meeting. Mrs. Strickert entered a motion to table Public Hearing on Case 83-084, a public hearing on the exchange of certain lands in the vicinity of the Municipal Airport with the City of Kodiak, submitted by the Community Development Department until the Borough and City Council have acted on it and bring it up from the table. After that point, they can refer it to us again. Mr. Rennell seconded the motion and it carried with a unanimous voice vote. 11. PUBLIC HEARING ON CASE MHP-83-031. A request for exception from Subsection 16.40.14OD of the Kodiak Island Borough Code, "Minimum Distances, to permit four (4) mobile homes currently located adjacent to the right-of-way line for Rezanoff Drive East to remain in place within an unsubdivided portion of U.S. Survey 3218, submitted by Kiewit-Groves JV. Two (2) handouts were received by the Engineering Department against this request. Mr. Hill closed the Regular Meeting and opened the Public Hearing. Mr. John Mahoney, who lives three lots away and has owned his lot and home since 1982, stated it was his understanding that Kiewit-Groves would put in a "model trailer park." It has turned into "just a construction site." Mr. Mahoney voiced several objections to this request for exception, and he stated that his concern was for the future of his neighborhood and improving his lot and property value. He asked if there was a reason for looking at an exception, and why hadn't these folks come before the Commission to ask for permission before they started the project. Mrs. Strickert answered that they were illegal and would have to be moved. Mr. Rasmussen spoke in favor of the exception. He offered his apology to his neighbors and offered assurance to all that there is some criteria involved with the trailer park and that there were a number of things to be done. There were evidently topography problems. Mr. Rasmussen is asking for a temporary exception until the units are moved. Mr. Hill: You made a comment on a notice of public hearing on 3/10/83 and stated that "I am opposed to variances in general. They tend to lead to discriminating practices." Do you still concur with that? r Mr. Rasmussen: I am opposed to variances in general. I don't know where you stop it. Our only reason for asking for one this time is that it is temporary in nature. Mr. Dennis Davis, project Engineer for Kiewit-Groves, offered an apology to the neighbors. He stated the reasons why the project was not complete as being: Making sure they were doing what was correct under the law, and that they only spent their money once. The commitment made to the City and Borough to have the project completed by the 31 of August would be lived up to. KIBS225413 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - July 20, 1983 Page 7 Mr. Chuck Buckel spoke on mistakes and problems of contracting equipment as further delays in completion of the project. Mrs. Crowe called for a five-minute recess. Mrs. Crowe moved to grant a request for an exception from Subsection 16.40.140D of the Kodiak Island Borough Code, "Minimum Distances," to permit four (4) mobile homes currently located adjacent to the right-of-way line for Rezanoff Drive East to remain in place within an unsubdivided portion of U.S. Survey 3218, submitted by Kiewit-Groves JV, with the following conditions: 1. That within one year, by August 1, 1984, the four trailers will be in conformance to the Borough code. If, in the event the trailers are vacated by the current occupant before this date, no other occupancy will be granted until the standards are met; 2. The property owner will submit any re -location or design plans or changes to the commission for their approval in sufficient time for the commission's approval and the construction of these changes by the deadlines; and 3. Appropriate landscaping will be accomplished in the changed area also by this date of August 1, 1984. Mrs. Crowe further stated it goes without saying that these are all contingent, but the previous conditions made by the commission for approval to this court be met by August 31, 1983 per the Engineer's letter to the Commission. The question was called for and the motion carried with the following roll call vote: Mr. James, no; Mr. Rennell, no; Mrs. Strickert, yes; Mrs. Crowe, yes; Mr. Briggs, yes; Mr. Gregg, yes, Mr. Hill, yes. 12. PUBLIC HEARING ON CASE S-83-032. (Preliminary) Vacation and replat of an unsubdivided portion of U.S. Survey 1396 bounded by Baranof Heights Subdivision, Russell Estates First Addition; and of a portion of Madsen Avenue; replat to Tract "J", U.S. Survey 1396, submitted by Charles Evans and Ron Later. Thirty-seven (37) Public Hearing Notices were sent out and no responses were received. There was no discussion and Mr. Hill closed the Regular Meeting and opened the Public Hearing. Mr. Kirk L. Payne appeared for Mr. Evans and Mr. Later, who were unable to attend. He voiced his approval of the vacation and replat. Mr. Hill closed the Public Hearing and opened the Regular Meeting. Mrs. Crowe asked if it is the City Council's decision whether monetary funds should be considered in the vacation of right-of-way. Mr. James moved for acceptance of Case S-83-032, (Preliminary) Vacation and replat of an unsubdivided portion of U.S. Survey 1396 bounded by Baranof Heights Subdivision, Russell Estates First Addition; and of a portion of Madsen Avenue; replat to Tract "J", U.S. Survey 1396, submitted by Charles Evans and Ron Later, subject to the following conditions: 1. That it be approved and possibly sold at fair market value or as otherwise seen fit by the Council of the City of Kodiak; 2. That the owner's names be added below their signature lines and within the notary's acknowledgments; and 3. That the spelling of "acceptance" be corrected. The question was called for and the motion carried by unanimous roll call vote. KIBS225414 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - July 20, 1983 Page 8 13. PUBLIC HEARING ON CASE S-83-033. (Preliminary) Subdivision of Tract "B" of BLM Tract D, located within Section 20, 21, 28, and 29 of T27S, le� R19W, S.M., submitted by the State of Alaska, Department of Natural Resources. Forty-two (42) Public Hearing Notices were sent out and two (2) responses objecting the subdivision were received by the Engineering Department. Mr. Crowe commented that both handouts were incorrect. Mr. Crowe received a call from the Department of Natural Resources saying they agreed with the conditions and asked the Engineering Department to make the changes on the plat before sending the plat back for signature. 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. Mrs. Strickert made the motion to grant the final subdivision on CASE S-83-033, (Preliminary) Subdivision of Tract "B" of BLM Tract D, located within Section 20, 21, 28, and 29 of T27S, R19W, S.M., submitted by the State of Alaska, Department of Natural Resources per the memo submitted by Mr. David Crowe dated 7/12/83. The motion was seconded by Mrs. Crowe and the question was called for. The motion carried by unanimous roll voice vote. 14. PUBLIC HEARING ON CASE S-83-034. (Preliminary) Subdivision of Lot 6, Russian Creek Alaska Subdivision, into Lots 6A and 6B, Russian Creek Alaska Subdivision, submitted by Lou Drumm. Mr. Hill requested the word "preliminary" be changed to read "a final." Thirty-two (32) Public Hearing Notices were sent out and none returned with comments. 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. Rennell moved to grant final approval to Case S-83-034, a final subdivision of Lot 6, Russian Creek Alaska Subdivision, into Lots 6A and 6B, Russian Creek Alaska Subdivision, submitted by Lou Drumm, with the following conditions: 1. That the following covenant be placed on the plat in accordance with the letter from Bruce Erickson, District Engineer, State of Alaska, Department of Environmental Conservation, dated 7/6/83 and addressed to Roan A. Jones; 2. All water -carried, domestic sewage systems must be designed by an engineer registered with the State of Alaska and approved by the Alaska Department of Environmental Conservation prior to installation; and 3. The second monument covered to establish the basis of bearing be shown on the plat. The motion was seconded by Mrs. Strickert and the question was called for. The motion carried by unanimous voice vote. 15. PUBLIC HEARING ON CASE 83-075. An Ordinance revising Chapter 17.72 of the Kodiak Island Borough Code on amendments and changes, submitted by the Community Development Office. As there were no further staff report comments, Mr. Hill closed the Regular Meeting and opened the Public Hearing. There were no public comments and Mr. Hill closed the Public Hearing and opened the Regular Meeting. Mr. Briggs moved to approved Case 83-075, an Ordinance revising Chapter 17.72 of the Kodiak Island Borough Code on amendments and changes, submitted by the Community Development Office. Mrs. Strickert seconded the motion and the question was called for. The motion carried by unanimous voice vote. KIBS225415 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - July 20, 1983 Page 9 16. PUBLIC HEARING ON CASE 83-076. An ordinance revising Chapter 17.75 of the Kodiak Island Borough Code on Enforcement, Penalties and Remedies, sub- 10� mitted by the Community Development Office. As there was no further comment on the staff report, Mr. Hill closed the Regular Meeting and opened the Public Hearing. There was no public comment and Mr. Hill closed the Public Hearing and opened the Regular Meeting. Mr. Briggs moved to approve Case 83-075, an Ordinance revising Chapter 17.75 of the Kodiak Island Boroug ode on Enforcement, Penalties and Remedies, submitted by the Community Development Office. Mr. Rennell seconded the motion and the question was called. The motion carried by unanimous voice vote. 17. PUBLIC HEARING ON CASE 83-085. An Ordinance amending a portion of Chapter 17.51 of Borough Code on Accessory Buildings, submitted by the Community Development Office. This Ordinance was recommended by Commissioner James. 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. Mrs. Strickert moved to approve Case 83-085, an Ordinance amending a portion of Chapter 17.51 of Borough Code on ccessory Buildings, sub- mitted by the Community Development Office per the request of Commissioner James. Mr. Rennell seconded the motion and the question was called. The motion carried by unanimous voice vote. 18. Item 18 was deleted. 19. CONSIDERATION OF CASE S-83-018. (Final) Subdivision of Lot 7, Russian Creek Alaska Subdivision, into Lots 7A, 7B, and 7C, Russian Creek Alaska Subdivision, submitted by Walter Arnold. Mrs. Crowe moved to grant approval of Case S-83-018, (Final) Sub- division of Lot 7, Russian Creek Alaska Subdivision, into Lots 7A, 7B, and 7C, Russian Creek Alaska Subdivision, submitted by Walter Arnold. Mrs. Strickert seconded the motion and the question was called. The motion carried by unanimous voice vote. 20. CONSIDERATION OF CASE S-83-026. (Final) Subdivision of Lot 13, Russian Creek Alaska Subdivision, into Lots 13A, 13B, 13C, and 13D, Russian Creek Alaska Subdivision, submitted by Dan Stockdell. Mr. Rennell moved to grant final approval to Case S-83-026, the subdivision of Lot 13, Russian Creek Alaska Subdivision, into Lots 13A, 13B, 13C, and 13D, Russian Creek Alaska Subdivision, submitted by Dan Stockdell. Mrs. Strickert seconded the motion and the question was called. The motion carried by unanimous voice vote and it was noted for the motion that Lot 13-C has the same deed restriction as 13-D did; Lot 13D is now the flag lot; Lot 13-C has a deed restriction and can no longer be subdivided. 21. CONSIDERATION OF CASE S-83-030. (Final) Subdivision of Lot 5, Russian Creek Alaska Subdivision, into Lots 5A, 5B, and 5C, Russian Creek Alaska Subdivision, submitted by Clarence E. Langford. KIBS225416 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - July 20, 1983 Page 10 The Commission discussed Mr. Langford's and the Borough's agreement to "swap some land," replating as an in-house, transfer of parcels, and the le^ problems of transferring unrecorded parcels. Mr. Crowe stated that it will be handled administratively because it will be a transfer of parcels between adjacent land owners. It won't come back to the Commission. He said there was difficulty with executing deeds for an unrecorded parcel and both plats would be recorded, then execute the deeds and go through a vacation and replat administratively. Mr. Hill agreed. Mrs. Strickert moved to approve the final subdivision of Case S-83-030 Lot 5, Russian Creek Alaska Subdivision, into Lots 5A, 5B, And 5C, Russian Creek Alaska Subdivision submitted by Clarence E. Langford. Mr. Rennell seconded the motion and the question was called. The motion carried by a unanimous voice vote. 22. NEW BUSINESS - None 23. COMMUNICATIONS The Trailer Court Parks Committee is working and will have a meeting July 26, 1983. Working on lot line calls for the Engineering's presence. Mr. Briggs requested that the Engineer be present at the Trailer Court Parks Committee. Mr. Crowe commented on a letter received 7/20/83 addressed to the Commission from Koniag requesting a six-month extension on the Cape Chiniak Subdivision preliminary approval. He informed Koniag that the preliminary approval did not become final until after the Borough Assembly had acted on their appeal, which was only in June, and they did not need to apply for an extension at this time. Further, the Borough Assembly acted on their appeal in July and in June the borough Assembly passed the new Ordinance which changed the preliminary approval to 12 months, making their preliminary approval good until the July 7, 1984. 24. ADDITIONAL AUDIENCE COMMENTS - None 25. CHAIRMAN'S REPORT - None 26. COMMITTEE REPORTS Mr. Briggs reported that the Borough Parks Committee is out at Bells flats this week. 27. COMMISSIONERS' COMMENTS Mr. Briggs and the Commission discussed the status of construction on Lilly Drive. Mr. Crowe added that the Borough Assembly had already made the decision to build and easements are being obtained. Mr. Crowe also commented that the gentleman with a trailer setting in the easement will not have to move his trailer because he is grandfathered. Mrs. Crowe asked if the structure on Rezanoff is in compliance with the height and zoning of that area and a discussion followed. Mr. Gregg commented on Alderwood #3 and the possibility of danger to children in the area due to a cliff. Discussion followed regarding public property and the Commission's rights in expressing concern. KIBS225417 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - July 20, 1983 Page 11 Mr. Rennell voiced concern with the Blough's post script regarding crane and extra spillage into adjacent land areas. Mr. Walton commented that all the equipment that is there is there with the City of Kodiak's knowledge. Mr. Rennell stated for the record: "The reason I voted against Mr. Rasmussen and Kiewit-Groves trailer court is I don't see it is up to the Planning and Zoning Commission to grant relief to people who have already made several mistakes in the past." Mr. James stated that Mr. Rennell had covered all his comments. 28. DEPARTMENTAL REPORTS Mr. Walton introduced Ms. Jolinda Goodwin, who is replacing Mrs. JoAnn Jones while JoAnn is on maternity leave. Mr. Walton announced Assembly member Scott Arndt requested staff to prepare two ordinances for the next assembly meeting. The ordinances will take the time limit out of the recreational vehicle ordinance completely -- the 90-day time limit, and to deal with something in the zoning ordinance that says that if a person applies for a request on January 1 and it is denied, they cannot apply again for the same thing on the same property for another six months. Mrs. Crowe asked for a memo to be sent expressing our thoughts on the subject. Mr. Briggs made a motion to send a memo to Mr. Arndt stating that by extending the time limit of the R/V use park to an unlimited time, we are violating a state and health law. He doesn't feel that we or the Borough or Planning Commission have that right to make an exception to a state law. Mr. Rennell seconded the motion and the question was called. The motion carried by unanimous voice vote. Mrs. Strickert moved to adjourn the Regular Meeting at 10:40 p.m. and the motion was seconded by Mr. Rennell. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION E ATTEST: BY: Planning ecretary DATE APPROVED: Chairma ,�P1 nning and Zoning Commiss K1BS22541g