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1983-06-15 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING CONMISSIUN MINUTES June 15, 1983, Regular Meeting Page 1 (Verbatim tape recording available upon request from the Community Development Dept.) Mr. Hill called an executive session at 7:30 p.m., on Case S-83-024, Final Lakeview Subdivision, a portion of USS 1396. (Lenhart Grothe) CALL TO ORDER AND ROLL CALL The meeting was called to order at 7:45 p.m. in the Borough Assembly Chambers, Kodiak. COMMISSIONER'S PRESENT Steve Rennell Pat Briggs, C Virginia Crowe Ken Gregg Tim Hill Dan James JoAnn Strickert 1. MINUTES May 18, 1983. ALSO PRESENT Will Walton, Director of Community Development Joanne Jones, Planning Secretary Mr. Gregg under Commissioner's Comments I requested a letter be written to the Borough Assembly and the City Council informing both bodies what is going on with the Lakeview Subdivision. Mrs. Crowe moved to accept the May 18, 1983 minutes with Mr. Gregg's addition. Seconded by Mrs. Strickert. Motion _PASSED by unanimous voice vote. 2. APPEARANCE REQUESTS WITH PRIOR NOTICE AND AUDIENCE COMMENTS. None 3. PUBLIC HEARING ON CASE 83-057. A request for a variance from Section 17.17.040 A , Area Requirements, of the Borough Code, on Lot 2, USS 3104, to permit the subdivision of this lot into two (2) lots, 2650 Island Lake. (Paul H. Stover) Mr. Walton 7 public hearing notices mailed, none returned. Mr. Hill closed the regular meeting and opened the public hearing. Sam Weldh I am for the request as I would like to purchase the lot to be subdivided. Mrs. Crowe what is the square footage of the area you want to purchase? Sam Welch about 112 an acre. Mrs. Crowe where will you be getting your access from? Sam Welch from a private road at the end of Island Lake Road. Mr. Hill closed the public hearing and reopened the regular meeting. Mrs. Crowe we would not be accepting the subdivision if we grant this variance we would only be granting relief from the lot size requirements. Mrs. Strickert moved to grant a request for a variance from Section 17.17.040(A), Area Requirements, of the Borough Code, on Lot 2, USS 3104, to permit the subdivision m and Mrs. 5tric Mr. _Hill you have 10 days to appeal our decision to the Borough Assembly. Mrs. Crowe I would like to see the variance and a subdivision plat resubmitted at the same time. 4. PUBLIC HEARING ON CASE 83-058. A request to rezone Lot 8, Block 10, Port Lions Subdivision from R1-Single Family Residential to B-Business. (Karen M. Pestrikoff) Mr. Briggs moved to table a request to rezone Lot 8, Block 10, Port Lions subdivision from RI-Sinole Family Residential to B-Business. Seconded by Mr. James. Mr. Hill closed the regular meeting and opened the public hearing. Bob Stanford speaking for the Pestrikoff's, for the request. Presented a brief explanation as to what the Pestrikoff's were planning to put on the land. KIBS225399 KODIAK ISLANDBOROUGHPLANNING AND ZONING COMMISSION MINUTES June 15, 1983, Regular Meeting Page 2 Mr. Hill closed the public hearing and reopened the regular meeting. Mrs. Crowe the Port Lions Comprehensive Plan also needs to be changed. Roll call on motion to table until July 1983 and to change the Port Lions Comprehensive Plan and to have another public hearing. Motion PASSED by unanimous roll call vote. 5. PUBLIC HEARING ON CASE 83-061. A request for a conditional use permit on Lot 15, USS 3100 to store scrap metal while building a retaining wall, 3080 Mission t Road. (Louis B. Lindsey) Mr. Hill closed the regular meeting and opened the public hearing. Hearing no comments the public hearing was closed and the regular meeting reopened. Mrs. Crowe are there construction standards for the breakwater? Mr. Walton only from the Corp of Engineers. Mrs. Crowe is a building permit required? Mr. Walton yes. Mrs. Crowe can we stipulate that all permits be obtained prior to obtaining a Borough building permit? Mr. Walton yes. Mrs. Crowe I would like to see a date to start and a date to complete this job. Mr. Hill what kind of time frame are you referring to? Mrs. Crowe six months to obtain all permits necessary to start construction and two years to complete the job. Discussion between the Commission members on what type of screening would be acceptable. Crowe moved to grant a req to store scrap metal while the following conditions:_ r to July 1, 1985 or an ext ng Commission; 2 any stat materials be obtained b th it; 3 buildin permit be Permit will be invalid; 4 materials not usea Tor of the completion of t mous roll call vote. nest for a condition building a retainin 1 the construction ension of time be re e or federal permits e applicant prior to obtained within six all scrap metals an and/or screened so pproved by the Plann bank stablilization e breakwater. Secon permit on Lot 15, USS at 3080 Mission Road e breakwater be accomplis d from the Planning and red for the placement of ssuance of a building nths or the Conditional rials visible from Missic hev cannot be seen from 6. PUBLIC HEARING ON CASE 83-062. A request for a variance from Section 17.54.010 of the Borough Code to permit an 8 foot fence along the side and rear lot lines of Lot 14A-1, USS 3098, 1914 Mill Bay Road. (David Colwell) Mr. Hill closed the regular meeting and opened the public hearing. Dave Colwell would like to put up a fence to block view of next door neighbor's junkyard and to allow the dogs in the boarding kennel the ability to run. Mrs. Crowe will the fence be on 2 sides or 3 sides? Dave Colwell on 2 sides. Mrs. Crowe would the fence block the view of vehicles going out onto Mill Bay? Dave Colwell at this point no, but if Mill Bay Road was enlarged it may cause a problem. Mrs. Crowe would you be willing to lower the fence height so traffic would not be harmed if need be? Dave Colwell yes. KIBS225400 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES June 15, 1483, Regular Meeting Page 3 Mr. Hill closed the public hearing and reopened the regular meeting. Discussion between the Commission members on lowering the fence height only if Mill Bay Road was ever enlarged. Mr. James fences are not addressed in a Business District. Mr. Walton that is correct and the reason why Mr. Colwell was asked to obtain a variance. Mrs. Strickert moved to grant a 7 e Tence on uest for a variance from Section 17. nce a]2n2 the side and rear lot line he following condition: 1 when Mil a -hazard for vehicles pulling onto N Plannina and Zoninq Commission's ap 7. PUBLIC HEARING ON CASE 83-066. A request for a variance from Section 17.18.050(A of the Borough Code to permit the construction of a garage (16' x 20') which will be connected to an existing storage shed which will leave a 10 foot front yard on Lot 6, Block 2, Leite Addition, 1320 Ismailov Street. (Jim Torgramsen) Mr. Hill closed the regular meeting and opened the public hearing. Ed Jack for the request. Presented a new as -built survey. City does not object and we meet the four (4) criteria for granting a variance. If this is granted the structure will only be 4 feet from the existing easement. Mr. Rennell where is the car entrance on the garage? Ed Jack to the side. Mr. Hill closed the public hearing and reopened the regular meeting. Mr. James not in favor of this arrangement, would rather see the shed closer to the house. Mrs. Crowe the storage shed is on skids so it could be placed over the easement and then moved if need be. Ed Jack I do not think Jim would be in favor of putting the shed over the easement, it would also create the need for another variance as then the house and the shed would be too close together. Mrs. Crowe moved to grant a request for a variance from Section 17.18.050(A) of_Borou Code to permit the construction of a garage 16' x 20' which will be connected to an existin Stara a shed which will leave a 10 foot front yard on Lot 6, Block 2, Leite A��itinn_ 149� T,mailnv %tract. Sernnded by Mr. Sriaas. Motion FILED by unanimous roil ca Mrs. Crowe the reason I voted no is because nothing exceptional to the property for granting the variance. Mr. Hill the reason I voted no is because it would be detrimental to the public's health, safety and general welfare. Mr. Rennell the reason I voted no is because it would be hard to maneuver vehicles if this were granted. Mr. James the reason I voted no is because the storage shed could be moved to the easement then building the garage which would only leave an 18 foot front yard. Mr. Hill you have 10 days to appeal our decision to the City Council. 8. PUBLIC HEARING ON CASE 5-83-028. (Preliminary) Subdivision of Tract E, Russian Creek Alaska Subdivision into two 2) lots. (Cy Hoen) Mr. Hill this request has been withdrawn. NO ACTION NECESSARY. 9. PUBLIC HEARING ON CASE 83-067. A request to rezone Tract E-1, Russian Creek Alaska Subdivision from RR -Rural Residential to B-Business. (Cy Hoen) Mr. Walton 11 public hearing notices mailed, 2 returned opposed plus the 16 signature on the petition opposing the request. KIBS225401 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES June 15, 1983, Regular Meeting Page 4 Mr. Hill closed the regular meeting and opened the public hearing. Cy Hoen owner of the property, in favor of the request. Would like to put in a retail store. Mrs. Crowe are you using this for business property? Cy Hoen no. Mr. Hill why didn't you buy some of the Business land that was just auctioned? Cy Hoen too expensive. George Vogt representing the people who signed a petition against the rezoning. Mr. Hill read the petition into the record. George Vogt the Comprehensive Plan would need to be amended, I also feel it is spot zoning. Lots that didn't sell at the auction could be purchased over the counter if more business land is needed. Mrs. Crowe Mr. Walton, could you please correct Mr. Vogt on buying non -sold Borough land over the counter. Mr. Walton we cannot sell non -sold parcels from an auction over the counter. Barb Markowhitz opposed to the rezoning. Would like to see the land stay as is. Mr. Hill closed the public hearing and reopened the regular meeting. Mr. Hill the Comprehensive Plan shows this area as residential. Mrs. Crowe moved to grant a request to rezone Tract E-11Russian Creek Alaska Subdivision from RR -Rural Residential to B-Business. Seconded by Mrs. �^ Strickert. Motion FAILED by unanimous roll call vote. Mrs. Crowe I voted no because of the reasons in the staff report, the submitted petition and the public testimony. Mr. Rennell street does not mean zoning is adjacent. Mr. Briggs comprehensive plan should be followed. Mr. Hill you have 10 days to appeal our decision to the Borough Assembly. Mrs. Crowe call a recess at 8:50 p.m. Mr. Hill reconvened the meeting at 9:00 P.M. 10. PUBLIC HEARING ON CASE 83-068. A request to place a 100 person temporary construction camp on Tract S-4, USS 3218, 2675 Mill Bay Road. (Russell Welborn Mr. Hill closed the regular meeting and opened the public hearing. Jim Fisk I am representing Mr. Welborn. In favor of the request. Mr. Hill read letter from Mike Rasmussen in favor of the request. Jim Fisk read letters in favor of the request from Russell Welborn, Felton �.. Construction Company, Fischbach and Moore, Green Construction Company, Jensen and Reynolds Construction Company and Danic Inc. We would also not be opposed to annexing into the City. Mr. Hill have you talked to your neighbors? Jim Fisk yes. Mr. Briggs do you have building plans and a site plan? Jim Fisk yes, the building plans are at Morris Lee's Office. Mr. Briggs is there a kitchen in this facility? Jim Fisk yes. KIBS225402 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES June 15, 1983, Regular Meeting Page 5 Mr. Hill you only want this for two (2) years? Jim Fisk two (2) years is fine, but we would like to have it longer if we need it. Discussion between the Commission members and Jim Fisk on traffic flow, fencing and what was to take place in the facility. Hotel owner for the request. (No name given) Sid Pruitt against the request. The local people need work, if this facility is granted more out of town workers will be brought in. Mrs. Crowe how many local people are you talking about in the Union? Sid Pruitt we have 70 members only 15 are working. Bob Bolden against this request. Bruce Finke against this request. Mary Kacmarcik against request. We need local people so the money stays here. Mrs. Strickert why do you think out of town people are getting the jobs? Mary Kacmarcik out of town Construction Companies bring their own people and maybe they are working for less money. Sister Diane concerned about the traffic so close to the Christian Schools. George Vogt in favor of the camp. Share the concerns of Sid Pruitt, local people should be hired first. John Tyhuise I have no problem with the camp. Coast Guard does provide a place for construction workers to stay on the Coast Guard jobs. David Ausman against. Jim Fisk some of the out of town construction companies will hire local people first. Mr. Hill closed the public hearing and reopened the regular meeting. Mr. Hill if approved I would like to see a stipulation on transportation (such as busing and the facility to only be used for the construction workers. Mrs. Crowe not in favor of tying up industrial land for residential purposes. Mr. Ferris feels the same concerns as Sid Pruitt. Mr. Gregg why not just build a 50 room hotel. Mr. Rennell would like to have a specific project (i.e. Terror Lake) Not in favor of industrial land for residential purposes. Mr. James not in favor of industrial land for residential purposes. Mrs. Crowe moved to grant a request to place a_100 person tem camp on Tract S-4, USS 3218, 2675 Mill Bay Road with the foll 1 property be annexed to the City of Kodiak; 2 structures requirements of the City of Kodiak Building Code and Building structures involved be removed from Tract S-4, USS 3218 on or 1985. Seconded by Mr. Rennell. Motion FAILED with a 5-2 vot Rennell, Mrs. Crowe, Mr. Gregg and Mr. Hill voting NO and Mr. voting YES. Mr. Hill you have 10 days to appeal to the Borough Assembly. rary construction ing conditions: nvolved shall mee fficial; and 3 efore October 1, with Mr. James, M riggs and Mrs. St KIBS225403 11. PUBLIC HEARING ON CASE 83-069. A request to purchase land within the City Sanitary Fill Site; ADL 44355, Plat 69-10, 14.99 acres. (Reed Oswalt/Timberline, Inc. Mr. Hill read letter from Walt Ebell requesting tabling of this item until October 19£ Mr. Hill limit testimony to one (1) person. Closed the regular meeting and opened the public hearing. Shawn Dillion we the people of this area would like to see this item tabled until December 1983. We also believe the existing lease is being violated as there seems to be an overflow of trees out of the leased area. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES June 15, 1983, Regular Meeting Page 6 Mrs. Crowe I'm for the property owners. Mr. Briggs why table until December? Shawn Dillion it is our slow time of the year. Mr. Hill close the public hearing and reopened the regular meeting. Mrs. Strickert moved to table a request to purchase land within the Fill cites_ Anl 44355. Plat 69-10. 14.99 acres until December_1983. on PASSED by un i 12. PUBLIC HEARING ON CASE S-83-026. (Preliminary) Subdivision of Lot 13, Russian Creek Alaska Subdivision, into four (4) lots: Lots 13A, 13B, 13C and 13D, Russian Creek Alaska Subdivision. (Dan Stockdell) Mr. Hill closed the regular meeting and opened the public hearing. Hearing no commen The public hearing was closed and the regular meeting reopened. Mrs. Crowe moved to rant reliminar subdivision approval of Lot 13, Russian Creek Alaska Subdivision, into four 4 lots: Lots_13A, 13B, 13C, and 13D, Russian Creek Alaska Subdivision with the following conditions: (1) that the applicant snail pot sanitation a roval from the Alaska ue artment of Environmental Conservation; 2 that a 10 foot utility easement be placed along the rear lot line of Lots 13A, 13B and al on the lot line common to Lots 136 and 13D with Lot 14; 3 that a 20 foot utility easement be laced astraddle the lot line common to Lots 13A and 1 and 4 that a covenant be placed on the plat stating that there will be no further subdivision of Lot 13B. Seconded by Mrs. Strickert. Motion PASSED by unanimous roll call vote. 13. PUBLIC HEARING ON CASE S-83-027. (Preliminary) Subdivision of Tract A, USS 1678, into nine 9 lots: Lots A-1 through A-9, USS 1678. (Island Resouces, Inc.) Mr. Hill closed the regular meeting and opened the public hearing. Shawn Dillion the road service district for this area is opposed to the subdivision. Mr. Hill closed the public hearing and reopened the regular meeting. Mrs. Strickert moved to approve the preliminary subdivision of Tract A, USS 1678, lnt0 nine (9) lots: Lots A-1 through A-N, UDD 10/0. JeUUnueu u ri,. Would i. Gre q moved to amend the motion to include the following conditions: 1 applicant to nhtain ADEC sanitation approval; 2 road improvements to be designed in accord - ante with Chapter 16.26 of Borough Code; (3) place a 1u root wiae uti n by eabewenL alon the boundaries common to Mountainview subdivision, ,,econu iAuuiLiun, 11acu n lice ,c-lo �ha ❑nl AAQG�• dand a nama ac Pa -ale Circle. Seconded by r Mrs Crowe Motion PASSED with a 6-1 vote with Mrs. Crowe mr. uregg mr. mill, Mr. James Mr. Rennell and Mr. Briggs voting YES and Mrs. Strickert voting NO on the amendment. Motion FAILED by unanimous roll call vote on the main motion. Mrs. Crowe my reason for voting no was based on the public testimony and the Borough Engineer's memorandum. Mr. Hill you have 10 days to appeal our decision to the Borough Assembly. 14. PUBLIC HEARING ON CASE S-83-030. (Preliminary) Subdivision of Lot 5, Russian Creek Alaska Subdivision, into three (3) lots: Lots 5A, 5B and 5C, Russian Creek Alaska Subdivision. (Clarence E. Langford) Mr. Hill closed the regular meeting and opened the public hearing. Hearing no comments the public hearing was closed and the regular meeting reopened. Mr. James has Mr. Langford been in? Mr. Walton I'm not sure. He lives in Florida. Mr. Hill does the Borough Assembly have to concur? KIBS225404 Mr. Walton yes. Mr. Rennell moved to grant the preliminary subdivision of Lot 5, Russian Creek Alaska Subdivision, into t ree ots: Lots DA, 06 dT1U bUl Russian Greek Alaska Subdivision with the following conditions: (1) that the applicant obtain sanitation approval from the Alaska Department of Environmental Conservation and le . KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES June 15, 1983, Regular Meeting Page 7 (2) that the applicant and the Borough trade equal parcels of land in order to make land parcels more regular in shape. Seconded by Mrs. Strickert. Motion PASSED by unanimous roll call vote. 15. CONSIDERATION OF CASE 83-050. A request for an exception to construct a tri-plex on Lot 5, Block 3, Killarney Hills Subdivision, 212 Murphy Way. (David Minks) ved to remove this case from the table. Seconded by Mr on Mrs. Crowe moved to grant a request for an exception to construct a tri-plex on Lot 5 —Block3, Killarney Hills Subdivision Z12 Murphy Way. Seconded by Mrs. Strickert. Motion FAILED by unanimous roll call vote. Mrs. Crowe voted no because of public testimony and it is out of context with the area. Road problems. Mr. Rennell voted no because a duplex can be built without a variance or the lot subdivided and 2 duplexes could be built. Mr. Briggs voted no because of drainage problems. Mr. Hill voted no because the lot is not zoned R-3. Mr. Hill the applicant has 10 days to appeal to the City Council. 16. CONSIDERATION OF CASE 5-83-024. Final Lakeview Subdivision, a portion of USS 1396. Lenhart J. Grothe Mrs. Crowe I have a problem with access to some of the lots, can we do anything? Mr. Walton a plat notation. Discussion between the Commission members on plat notations on the access problems to some of the lots being created. Mr. Hill closed the regular meeting and opened the public hearing. Wilton White opposed to the subdivision for.the following reasons (1) economic benefi of one—(I-T person, (2) airport may be closed, (3) glide slope and side slope regul- ations and the airport has been there since 1947. I request a 30 day delay on this or that the Commission deny the request. Mr. Briggs work has been going on with this for over 3 years and I would like to see something happen on this. Wilton White we are not welcome at the state airport, we (float plane owners) need a place to go. Mr. Rennell what about the building of a lake near the state airport for float planes? Wilton White it is a possibility but I'm not sure where it stands presently. Mr. Rennell how long will it take to build this lake? Wilton White I'm not sure. Len Grothe owner of land being proposed to subdivide. Also the owner of the bottom of Lilly Lake. For the request. Mr. Hill closed the public hearing and reopened the regular meeting. Mrs. Crowe who would be the appeal board on this case? Mr. Walton I'm not sure. Mrs. Crowe what type of warning was given to height restrictions on the lots sold at the last Borough auction? Mr. Walton lots were to be annexed into the City of Kodiak and City regulations would have to be followed. KIBS225405 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES June 15, 1983, Regular Meeting Page 8 r Mrs. Crowe what about a plat notation on building height? Mr. Walton not necessary. Mrs. Crowe City issues the permits? Mr. Walton that is correct. Mr. Gregg I would like to see this tabled for 30 days. Mr. Briggs it has been hanging around too long as it is. Mr. Greqq moved to table the final Lakeview Subdivision.. nne ana Mrs n Mrs. Crowe moved to grant final approval to the USS 1396 with the following conditions: 1 th construction easement 16, and 18; 3 that across Lots 3, 4, 5, plat: "Temporary cons improved to the full Seconded by Mr. Renne Mr. Rennell, Mr. Greq aaea along t wide cons 11; and 4 on easement necessary t LLD with a 4-3 vote wltn Mr. James, and Mr. Hill, Mrs. Strickert and akeview Subdivon, a portion of 10 foot wide isiconstruction easements 12, and 17; C27 that 20 foot wide t across Lots 2, 6, 7, 13, 14, 15, sements be added along Larch Street 1n errect un curbs, gutter -1 vnta with 17. CONSIDERATION OF CASE S-83-029. Final subdivision of an unsubdivided portion of USS 1396; vacation and replat of Lot 12, Block 1, and Lot 1, Block 3 Russell Estates Subdivision; creating Elderberry Heights Subdivision, Fourth Addition; and Lot 12A, Block 1 and Lot 1A, Block 3, Russell Estates Subdivision, USS 1396. (Lenhart J. Grothe) Mrs. Strickert moved to grant the final subdivision of an unsubdivi USS 1396; vacation and replat of Lot 1Z, Block 1, and Lot 1, Block 3, Kussell Lstates Subdivision; and Lot 12A, Block 1 and Lot IA, Block 3, Russell Estates Subdivision, USS 1396 with the following condition: 1 provide a plan and profile drawing showing the nrnoosed road grades on the or000sed subdivision. Seconded by Mr. Greqq. Motion unanimous roll call vo 18. NEW BUSINESS - None 19. COMMUNICATIONS - None 20. ADDITIONAL AUDIENCE COMMENTS 1. Wilton White action taken by the Commission on the Lakeview Subdivision will be very detrimental to the pilots. I also think it is wrong that Mrs. Crowe made the motion on a case that Mr. Crowe recommended on. Mrs. Crowe 3 years ago I voted against this. 2. Marilyn Bukers (Flyrite) don't really understand why the Commission made this decision. Lilly Lake is the only float plan area. 3. John Morton the decision is terrible, planes have been flying off the lake since 1948. 4. Bob Stanford we need to solve this problem and this is a step in the right direct- ion. 5. Dave Ausman no other place to put the airport for float planes. Mr. Hill something has to be done with this and this is at least a start. Mrs. Crowe if land can't be built on airport will not be effected at all. Dave Ausman if land is subdivided it will sell. Mr. Briggs leave property alone, City should purchase the land or something. KIBS225406 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES June 15, 1983, Regular Meeting Page 9 Mrs. Crowe notation on plat for height restriction. 21. CHAIRMAN'S REPORT - None 22. COMMITTEE REPORTS - None 23. COMMISSIONER'S COMMENTS 10 ' Mr. James rezoning at Island Lake as soon as possible, would like to see a current map of the sewer layout for this area. .I, ef Mr. Rennell thanked all the people who spoke on the airport. Mr. Gregg would like to reconsider the Lakeview Subdivision. Mrs. Crowe thanked the staff for providing addresses on the agenda. Mr. Briggs nothing. Mrs. Strickert nothing. Mr. Hill Lakeview Subdivision will be at the City Council's next meeting. 24. DEPARTMENTAL REPORTS - None 25. ADJOURNMENT The meeting was adjourned at 11:00 p.m. ATTEST: BY Plannin Secretary DATE APPROVED: a,D / 9 g.3 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Chairman P an g an Zoning Commission I(IBS225407