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1983-05-18 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES MAY 18, 1983, Regular Meeting Page 1 (Verbatim tape recording available upon request from the Community Development Dept.) r— CALL TO ORDER AND ROLL CALL. The meeting was called to order at 7:30 p.m. in the Borough Assembly Chambers. COMMISSIONER'S PRESENT Steve Rennell Pat Briggs Virginia Crowe Ken Gregg Tim Hill Dan James JoAnn Strickert Quroum was established. ALSO PRESENT Will Walton, Director of Community Develi Joanne Jones, Planning Secretary Dave Crowe, Borough Engineer 1. MINUTES - April 20, 1983 Mrs. Crowe moved to accept the April 20, 1983 mintues as prepared. Seconded by Mrs Strickert. Motion PASSED by unanimous voice vote. Mr. Hill on the agenda this evening the order will be as follows: item #14 will be heard before item #9 and item #16 will be deleted altogether. 2. APPEARANCE REQUESTS WITH PRIOR NOTICE AND AUDIENCE COMMENTS A. Russell Welborn I would like to place a temporary 100 person construction camp on my lot on Mill Bay Road. Mrs. Crowe would the building meet City Building Codes? Mr. Briggs what are your plans for the building after the construction boom? Russell Welborn they would be removed. Mrs. Strickert I think the Commission should look into this as we are going to have more and more requests of this nature in industrial zoned areas. Mrs. Crowe what about efficiency apartments? Discussion between the Commission members on what to do with this request. Mrs. Crowe I would like to have a public hearing on this case. Mrs. Strickert is the June 1983 meeting enough time for you Mr. Welborn? Russell Welborn yes. Mr. Hill NO ACTION AT THIS TIME. Please schedule this for a public hearing at the June Planning and Zoning Commission meeting. 3. PUBLIC HEARING ON CASE 83-041. A request for an exception from Section 17.18.020 Permitted uses to permit the use of a mobile home as an office on Lot 25A, USS 3099. (T.T. Jackson/Sid Cozart) Mr. Walton 21 public hearing notices mailed and none returned. Mr. Hill closed the regular meeting and opened the public hearing. Hearing no comments the public hearing was closed and the regular meeting reopened. i^ a mobile home as an office Motion 7.18.020 Permitted 4. PUBLIC HEARING ON CASE 83-042. A request for a variance from Section 17.18.050(A) to permit the construction of a 12' x 16' storage shed in the front yard on Lot 6, Block 2, Leite Addition. (Jim Torgramsen) KIBS225389 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES MAY 18, 1983, Regular Meeting Page 2 e- i Mr. Hill closed the regular meeting and opened the public hearing the public hearing was closed and the regular meeting reopened. Mrs. Crowe nothing exceptional to warrant granting this request. Mr. Hill personally I am against this. Mr. James could locate the shed anywhere on the lot. Mrs. Strickert moved to on. Jecon nt a request for a variance a 12' x 16' storage shed in Hearing no comments on Mr. Hill Mr. Torgramsen, you have 10 days to appeal our decision to the City Council. The reasons for denial where the staff's two points and the comments from myself, Mrs. Crowe and Mr. James. 5. PUBLIC HEARING ON CASE 83-046. A request for a conditional use permit to operate a day care center for 27 children in a single family home on Lot 5, Block 1, Leite Addition. (Joan Newland) 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 only 6 public hearing notices returned? Mr. Walton yes. Mr. Hill I would be more comfortable with this if it was for only 10 children, and I think there would be a traffic problem in this area. Mr. Rennell anything over 10 children would be considered a business instead of a home occupation in my opinion. rate a day care center for 27 children on Lot 5, Block 1, Leite Addition. Seconded by Mrs. Crowe. Motion FAILED by unanimous roll call vote. Mr. Hill you have the right to appeal our decision to the City Council within 10 days or only babysit 10 children. Joan Newland can we say something? Mr. Hill closed the regular meeting and reopened the public hearing. Joan Newland was the problem mostly the use of a single family home as a day care facility Mr. Hill it was mostly the traffic problems the would be created. We are not opposed to you babysitting 10 children. Mrs. Crowe I was against as it is in a residential area. Mr. Hill closed the public hearing and reopened the regular meeting. 6. PUBLIC HEARING ON CASE S-83-020. (Preliminary) Vacation and replat of a portion of 13th Avenue; Lot 16, Block 40 East Addition and Lot 9, Block 43, East Addition. (Royal and Mincha Pelekai and Guyneth Cessna) Mr. Hill read condition #6 from Dave Crowe's memorandum dated May 18, 1983. Mr. Hill closed the regular meeting and opened the public hearing. Lynn Saupe mentioned a vacation of 13th Avenue which took place in 1977, is not shown on the map. Mr. Crowe vacation has occurred, but is not yet recorded. Lynn Saupe no objection to the request. Mr. Hill closed the public hearing and reopened the regular meeting. Mrs. Crowe will trucks still be able to turn in here? Mr. Crowe yes. KIBS225390 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES MAY 18, 1983, Regular Meeting Page 3 r F 7. PUBLIC HEARING ON CASE 83-048. A request for a variance from Section 17.18.050(C) to permit the construction of a single family home with a 13 foot rear yard on Lot 16, Block 40 East Addition. (Royal Pelekai) 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 nothing unusal about this case to warrant granting a variance. Mr. Hill should meettbe.•Pear,:yard.regairements. Mr. Hill you have 10 days to appeal our decision to the City Council. 8. PUBLIC HEARING ON CASE.83-050. A request for an exception from Section 17.19.020 to construct a tri-plex on Lot 5, Block 3, Killarney Hills Subdivision. (David Minks) Mrs. Crowe read 3 public hearing notices opposing the request one from Wischer's, one from Kutchick's and one from the Beardsley's. (Hand delivered May 18, 1983) Mr. Hill closed the regular meeting and opened the public hearing. Larry Baker for the request. Sarah Menuier opposed to the request. Cathy Magnussen opposed to the request. David Minks for the request. Mr. Hill closed the public hearing and reopened the regular meeting. Mr. Gregg not incompatible with the area. Mrs. Strickert Mr. Minks, would you be opposed to us tabling this for one (1) month? David Minks that would be fine. 9. PUBLIC HEARING ON CASE S-83-019. (Preliminary) Vacation of Lots 2 and 3, Block 3, Alderwood and replat to Lots 2A and 3A, Block 3, Alderwood Subdivision. (Dane Larsen) Mr. Crowe 53 public hearing notices mailed and 2 returned in favor of the request. Mr. Hill closed the regular meeting and opened the public hearing. Hearing no comments the public hearing was closed and the regular meeting reopened. ca final approval of th and 3A, Block 3, Al owner's names be pla d in each is Notary's since no change of d unanimous roll call ons is ss f:31 3. Alder- KIBS225391 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES MAY 18, 1983, Regular meeting Page 4 10. PUBLIC HEARING ON CASE 83-052. A request for a variance from Section 17.20.040(C) to permit an 11 foot rear yard on Lot 3, Block 3, Alderwood Subdivision. (William Gorman) Mr. Walton 49 public hearing notices mailed, 1 returned opposed to the request. Mr. Hill closed the regular meeting and opened the public hearing. Dane Larsen I spoke with Morris Lee and he no longer objects to our request. Mr. Hill closed the public hearing and reopened the regular meeting. Mr. James are there any regulations about building so close to City water reservoirs? Mr. Crowe not that I am aware of. Mr. Hill there is an easement between the lot and the lower reservoir. Mr. Gregg with them building 1 foot from the easement will that be a problem? Mr. Crowe you can build right to the easement line. Mrs. Strickert moved to grant a variance from Section 17.20.040(C) to permit an 11 fo Motion with a 4-3 vote with Mr. Hill, Mrs. Strickert, Mr. Briqqs and Mr. Greqq votinq YES and Mrs Mrs. Crowe I think the building could be smaller. Mr. James I don't like the buyer beware attitude. Mr. Rennell I concur with Mr. James. Mr. Hill called a recess at 8:45 p.m. The meeting was reconvened at 8:50 p.m. 11. PUBLIC HEARING ON CASE 83-053. A request for a variance from Section 17.12.040(B) to permit a side yard encroachment on Lot 4H, Block 2, Bells Flats Alaska Subdivision. (Kodi, Island Borough) Mr. Walton 10 public hearing notices mailed, 1 returned in favor of the request. Mr. Hill closed the regular meeting and opened the public hearing. Forrest Blau gave brief history on what has taken place on this matter. Mr. Rennell can the trailer be moved? Forrest Blau it could be, but it would be very expensive. Mr. James when did you buy the property? Forrest Blau March of this year. Mrs. Crowe how can land be sold when no plat is filed? Mr. Crowe the plat is submitted but not recorded because of a side yard discrepancy. Charles Sink bought my property May 2, 1983, owner of Lot 4I, Block 2. No objection to the request. Mr. Hill closed the public hearing and reopened the regular meeting. Mrs. Crowe what can we do to prevent this in the future? KIBS225392 Mr. Crowe not much really. Discussion between the Commission members and staff on the different steps that could be taken to resolve this problem. Mrs. Strickert moved to grant a request for a variance from Section 17.12.040(B) to permit a side Yard encroachment on Lot 4H, Block 2, Bells Flats Alaska Subdivision. ames Strickert, Mr. Greqq and Mr. Briggs votinq YES and Mrs. Crowe and Mr. Rennell voting NU. Mrs. Crowe please investigate in a timely manner (June) what we can do, if anything, about land being sold before the plat is recorded. KODIAK ISLAND BUHUUGH NLANNINU ANU LUNING UUMM MIUN MINUit') MAY 18, 1983, Regular Meeting Page 5 I 19 Mr. Crowe nothing can be done.. Mr. Hill Mr. Bishop, is there anything you or other realators can do to help prevent this from happening again? Craig Bishop I really don't know what could be done. 12. PUBLIC HEARING ON CASE 83-056. A request for an exception from Section 17.17.020 to permit the expansion of an existing shop (14' x 48' addition) for school bus repair on Lot 23B, USS 3099. (Precision Specialist/Ernest Edwards) Mr. Walton 23 public hearing notices mailed, 1 returned opposed to the request. 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. Hill I am against the expansion of a non -conforming use. 13. PUBLIC HEARING ON CASE S-83-016. (Preliminary) Vacation and replat of Lot 3, Woodland Acres Subdivision, and subdivision into Lots 3A and 3B, Woodland Acres Subdivisio USS 1682. (B.E. Nachtweigh) Mr. Crowe 42 public hearing notices mailed, 2 returned opposed to the request. 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 E]Tl 1 COO +6 +k_ 4..11.....;..n (11 +h.+ +hc hnn nrla ry of +hc nrnnncnf1 varatinn anri replat be revised to include the portion of Woodland Drive which is part of the Old Mill Bay Road right of way 2 that Lot 2C be included in the vacation and replat, and that it be increased in area by the area shown as Lot 36, or dedication Lot 3B for additional right of way for Sunset Drive for public use 3 that the title block be changed to f CT 1eLL wav abu 14. PUBLIC HEARING ON CASE S-83-018. (Preliminary) Subdivision of Lot 7, Russian Creek Alaska Subdivision, into Lots 7A, 7B and 7C, Russian Creek Alaska Subdivision. (Mr. Walte Arnold) Mr. Crowe 30 public hearing notices mailed, none returned. Mr. Hill closed the regular meeting and opened the public hearing. Pat Reiland Lot 8A, against the request. Louis Drumm against the request. Mr. Hill closed the public hearing and reopened the regular meeting. 15. PUBLIC HEARING ON CASE S-83-021. (Preliminary) Subdivision of Lot 12, Russian Creek Alaska Subdivision, into Lots 12A, 12B and 12C, Russian Creek Alaska Subdivision. (Edwar W. Gondik) Mr. Crowe 12 public hearing notices mailed, none returned. Mr. Hill closed the regular meeting and opened the public hearing the public hearing was closed and the regular meeting reopened. KIBS225393 Hearing no comments KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES MAY 18, 1983, Regular Meeting Page 6 r� Mrs Strickert moved to grant preliminary approval to the subdivision of Lot 12, Russi Creek Alaska Subdivision, into Lots 12A, 12B and 12C, Russian Creek Alaska Subdivision with the following conditions: 1 that the applicant shall obtain sanitation approva from the Alaska Department of Environmental Conservation; 2 that a twenty -foot wide 20' utility easement be placed on the lot line common to Lots 12A and 12B with Lot 1 3 that a ten foot wide 10' utilit easement be laced on the rear lot line of Lot 12A and Lot 12C; and 4 that the north arrow be placed on the plat. Seconded by Mr. Rennell. Motion PASSEU by unanimous roll call vote. 16. PUBLIC HEARING ON CASE S-83-022. (Preliminary) Vacation of Lots 4 and 5, Block 2 and Lot 2, Block 4, USS 3066AB and replat to Lots 4A and 5A, Block 2, and Lot 2A, Block 4, USS 3066AB. (Beachcombers, Inc.) Mr. Hill this item is deleted as it was handled by the staff. 17. PUBLIC HEARING ON CASE S-83-023. (Preliminary)Subdivision of Tract D-1A, USS 1678, into Lots D1A-1, D1A-2 and D1A-3, USS 1678. (John Eufemio) Mr. Crowe 32 public hearing notices mailed, none returned. 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. Hill as condition #3 - temporary turnaround at the end of Three Sisters Road. Mrs. Crowe moved to grant preliminary subdivision approval of Tract D-lA, USS 1"8 into Intc D-1A-1. D-IA-2 and D-IA-3. USS 1678 with the following conditions: 1 that the n sanitation aDDroval from the Alaska Department of Lnviro s elimina more close and (3) a temporary turnaround at the end or Inree Sisters Koaa. aeconaea uy nrs. Strickert. Motion PASSED by unanimous roll call vote. 18. PUBLIC HEARING ON CASE S-83-024. (Preliminary) Subdivision of a portion of unsub- divded USS 1396. Lakeview Subdivision, Lots 1-18, USS 1396. (Lenhart Grothe) Mr. Crowe 65 public hearing notices mailed, none returned. Mr. Hill closed the regular meeting and opened the public hearing. Len Grothe for the request. Mr. Gregg what became of the land swap? Len Grothe nothing. Ray Baglin in favor of the request. Mr. Hill closed the public hearing and reopened the regular meeting. Mrs. Crowe how much land area is involved? Mr. Crowe 3 acres. Mrs. Crowe moved to grant preliminary appro unsubdivided USS 1396: Lakeview Subdivision conditions: 1 add owner's name under the airoort is c n on M>S>LU by unanimous a portion of h the following n the Notary's 1 section and 3) when ough or City. 19. PUBLIC HEARING ON CASE S-83-025. (Preliminary) Vacation and replat of a portion of Sharatin Road right of way, Tracts A and B, and Lot 1, Block 1, Kadiak Alaska Subdivision, First Addition, USS 3512. (Kodiak Island Borough) Mr. Crowe 35 public hearing notices mailed, none returned. 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. nal approval to the v Tracts A and B, Lot 1 of a portion of laska Subdivision rs on KIRS225'194 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES MAY 18, 1983, Regular Meeting Page 7 r F 20. CONSIDERATION OF CASE S-82-031. (Final) Subdivision of Tract F, Russian Creek Alaska Subdivision; into Tracts F-1, F-2, F-3, F-4 and F-5, Russian Creek Alaska Subdivision. (Donald Seixas) Mr. James not in favor of flag lots. Mr. Rennell not in favor of flag lots. Mrs. Crowe not in favor.of flag lots. 21. RECONSIDERATION OF CASE 83-024. An Ordinance amending Chapter 18.50 of Borough Code to include Remote Cabin and Special Land Use Permits. (Community Development Department) Brioas moved to remove the ordinance from the table. Seconded by Mr. Rennell. Mr. Hill closed the regular meeting and opened the public hearing. Stacy Stutabaker would not like to see all the remote areas fully developed. Access problems. Roslyn Goodman would like to see the remote areas preserved. Bill Herman exclude Shuyak from the permits. Mr. Hill closed the public hearing and reopened the regular meeting. Mrs Strickert moved to approve and pass to the Borough Assembly an Ordinance amending Chapter 18.50 of Borough Code to include Remote Cabin and Special Land Use Permits. Carnnrlarl by Mr_ Greaa_ Motion PASSED by unanimous roll call vote. 22. RECONSIDERATION OF CASE 0-81-024. An Ordinance amending Chapter 16.20 on Design Standards to include park dedication requirements. (Community Development Department) Rennell moved 23. NEW BUSINESS - None. 24. COMMUNICATIONS im the table. 1. VanDyke appeal to the City Council will be May 26, 1983 at 7:30 p.m. 25. ADDITIONAL AUDIENCE COMMENTS 1. Ed Jack - in regard to Jim Torgramsen's variance we would like you to reconsider this case. Mr. Briggs did you say the shed is temporary? Ed Jack it is on skids. Mrs. Strickert how big of a structure can Mr. Torgramsen build? Mr. Walton 10% of the lot area. Ed Jack 12' x 16' shed , the proposed shed is 16' x 16'. Mr. Hill what is the wish of the Commission? Mrs. Crowe do not wish to reconsider at this time. KIBS225395 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES MAY 18, 1983, Regular Meeting Page 8 2. Len Grothe - when does the park dedication ordinance go to the Borough Assembly? Mr. Walton June for first reading and July for the public hearing. 3. Rog Flanders - Kodiak Mirror would it be possible to provide street addresses on the agenda? Mr. Walton yes. 26. CHAIRMAN'S REPORT - None w 27. COMMITTEE REPORT Mr. Gregg Road Committee will meet at 2:00 p.m. tomorrow in the Borough Conference Room. 28. COMMISSIONER'S COMMENTS Mr. James regulations on how close a person can build to the City Reservoir and what about selling land without plats being recorded. Mr. Rennell housing on industrial land needs to be discussed. Mr. Gregg would like a letter to the Borough Assembly and City Council on Lakeview Subd. Mrs. Strickert nothing. Mr. Briggs nothing. Mrs. Crowe a letter to Mr. Saupe and Mr. Anderson on the 13th Avenue vacation should be done as soon as possible. 29. DEPARTMENTAL REPORTS - None. 30. ADJOURNMENT - The meeting was adjourned at 10:30 p.m. ATTEST: BY: v►t.(. 460 Plannin Secretary r i DATE APPROVED: June 15, 1983 KODIAK ISLAND BOROUGH PIANNTNG AND ZONING COMMISSION KIBS225396