Loading...
1983-03-16 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 16, 1983, Regular Meeting Page 1 (Verbatim tape recording available upon request from the Community Development Dept.) P� CALL TO ORDER AND ROLL CALL - The meeting was called to order at 7:40 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. 1. MINUTES - February 16, 1983 Crowe th 2. APPEARANCE REQUESTS WITH PRIOR NOTICE. ALSO PRESENT Will Walton, Director of Community Develc ment Department Joanne Jones, Planning Secretary Bill Hodgins, Zoning Officer Dave Crowe, Borough Engineer 983 mi 1. Tract B-3, Bells Flats Alaska Subdivision. red. Mrs. Mr. Walton presented the staff report based on a memorandum prepared by the Community Development Staff, this is to set up a temporary construction camp on Tract B-3, Bells Flats Alaska Subdivision. Mrs. Strickert is anyone living there presently? Mr. Walton the 5 people building the camp. Mrs. Crowe how long did it take to set up the camp? '-- Mr. Walton just a few days. Mr. Brechan gave Fishbach and Moore the permission to set this camp up. Mr. Rennell does Mr. Brechan have the right to do this? Mr. Walton not really. The camp is only to be there for approximately 200 days. Mrs. Strickert isn't the lease to Brechan only for gravel extration? Mr. Walton that is correct. Brian Sawvell Project Superintendent. We have permits from DEC for food service, the well, and the septic tank which is a 2,500 gallon tank. Mr. Rennell do you feel 200 days will be enough? Brian Sawvell weather providing it should be. Mr. Briggs how many people are involved with this project? Brian Sawvell 35 to 40. Mrs. Strickert why not house them at Terror Lake? r— Brian Sawvell there is not enough room. Mrs. Crowe are there any Borough permits for wells and septic tanks that should be issued' Mr. Crowe no, that is handled by DEC. Mrs. Crowe should a permit have been issued for the camp? Mr. Walton yes. Mr. Rennell how close is the nearest residence? KIBS225373 Brian Sawvell approximately 800 to 1000 feet. We have also installed a privacy fence. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 16, 1983, Regular Meeting Page 2 Mr. Rennell what about road traffic? Brian Sawvell I think they are bussed or flown to town. Mrs. Strickert why not use the airport? Brian Sawvell I believe it is against FAA regulations. Mrs. Strickert were you aware of the lease stipulations between Brechan Enterprises and the Borough? Brian Sawvell no we were not. Mr. Hill closed the regular meeting and opened it for public comments. Mary Mathes against, concerned with helicopters. George Kizurk General Manager for Production Services, we have nothing to do with helicopters, we were only told to build the camp. Mary Mathes if this is allowed it could set a precident. Mr. Rennell how far do you live from the camp? Mary Mathes about one mile. Mr. Hill when will the men be arriving? Brian Sawvell Friday. Mr. Hill who would be able to answer the FAA questions? Brian Sawvell John Wenthead. Mr. Hill I would like to see these questions answered before we take any action on this. The Borough Assembly is going to discuss this tomorrow night. I would like this on our March 23rd work session with answers to our questions on total activities to be going on, and the answers on the FAA regulations. NO ACTION NEEDED THIS EVENING. 3. PUBLIC HEARING ON CASE 83-027. Public hearing on the Chiniak Area Plan. (Chiniak Area Community Mr. Walton presented the staff report based on a memorandum prepared by the Community Development department. Also discussed the Zoning Map for Chiniak and the Chiniak Area Comprehensive Plan Map. Mrs. Crowe read letter from Omar Stratman. If land is designated for a greenbelt can it be developed? Mr. Walton you would be able to develop it as if it was zoned Conservation. Mr. Hill closed the regular meeting and opened the public hearing. Teresa Stone May 1982 the Community plan was started. Presented a breif history on how the plan was developed. Discussion between the Commission members and Teresa Stone on marine commercial land. Mr. Walton 3 letters came in late so I'll read them: 1 returned from Morris Lee - for the plan, 1 returned from Koniag, Gene Sundberg, against the plan and 1 returned from the Patterson's for the plan. Mrs. Strickert what about the prison? Mr. Walton it will fit in conservation as a permitted use. Ed Naughton Mile 36, I have a smoke house operation and would like to know if it is legal' Mr. Walton yes, it is acceptable. The smoke house is grandfathered and Rural Residential zones permit fishing activities. Omar Stratman I use a good part of this land for grazing my livestock, the area from Thumbs Up Rock to Kalsin Inn. KIBS225374 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 16, 1983, Regular Meeting Page 3 Mr. Hill what do you propose? Omar Stratman I would like to see it remain as it is. Mrs. Crowe would Mr. Stratman's grazing lease be effected? Mr. Walton since he has a lease, no. Mr. Hill closed the public hearing and opened the regular meeting. Mrs. Crowe when did your office notify Mr. Stratman and Koniag? Mr. Walton we sent notices for the March 5, 1983 meeting in Chiniak and we also sent out notices for this evenings meeting. Mr. BriQQS moved on to the Borough Ass by unanimous roll ca < Area Plan. 4. PUBLIC HEARING ON CASE 83-014. A request for an exception from Section 17.12.010 to permit the use of Rural Residential land as a sawmill site on Lot 18, USS 3471. (Joe Terabasso) Mr. Hill closed the regular meeting and opened the public hearing. Joe Terabasso for the request. Trailer has been moved that was encroaching on the next lot. Presented a petition for the request with 37 signatures. Mr. Rennell how long has the sawmill been there? Joe Terabasso 4 months. Mr. Gregg is the sawmill portable? Joe Terabasso yes. Mr. Hill no reason to set up permanent sawmill, why not move your mill? Joe Terabasso it takes about 4 hours to move. Mr. Rennell would moving the sawmill be a problem? Mr. Walton it shouldn't. Mary Peterson for the request. Martin Nemeroff owner of Lot 17. Very concerned about the noise, mess, lotline encroach- ment, safety of children and about the rubbish being dumped into the pond. Jan Pennington Mile 35. Mild should go on industrial zoned land. Mr. Hill are any other people present that would like to just sign in as opposed? Fred Patterson against. Hank Pennington against. Teresa Stone against. William Crawley against. Susan Patterson against. Mr. Walton read 5 public hearing notices returned from the following people who were also opposed to this request: Morris Lee, Debbie and Vincent Walser, Mr. and Mrs. Fred Patterson and Bette and Craig Bishop. Mr. Briggs moved to grant a request for an exception from Section 17.12.010 to use of Rural Residential land as a sawmill site on Lot 18, USS 3471. Seconded Strickert. Motion FAILED by unanimous roll call vote. Mr. Hill consensus of the Commission as to why the exception was denied is: coming in afte the fact, detrimental to the community, commercial uses in residential area and encroach- ments that should be corrected. KIBS225375 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 16, 1983, Regular Meeting Page 4 P -- 5. PUBLIC HEARING ON CASE 83-017. A request to rezone Lot 30, Block 1, Kodiak Townsite from R-3 to Business. Dennis Murray/Senior Citizens of Kodiak) Mr. Walton 1 public hearing notice returned with no objection. Mrs. Crowe what is the height of the proposed building? Mr. Walton I'm not sure. Mrs. Crowe can we put a height restriction on the building? Mr. Walton yes. Mr. Walton Mr. Murray was called out of town. That is why he is not here this evening. Mr. Hill closed the regular meeting and opened the public hearing. Hearing no comments the public hearing was closed and the regular meeting was reopened. R.Wro m 30. Block 1. Kodiak Townsite from R-3 to Business with the rezon on 6. PUBLIC HEARING ON CASE 83-011. A request for an exception to permit the construction o a wind generator on Lots 11A and 11B, Block 3, Port Lions Subdivision which will be 100 feet high. (Frank Simpson/Interior Telephone Co.) Mr. Walton the Mayor of Port Lions is here if you have any questions for her. Mr. Hill closed the regular meeting and opened the public hearing. Frank Simpson there are 2 towers presently on the property. Mrs. Crowe how tall are these towers? Frank Simpson they are 60 feet high. Mr. Hill if damage occurs, who is liable? Frank Simpson we are. Pat Lukin Mayor of Port Lions. Tower is in the middle of a residential area. Some of the residents object so the Council is backing them. Mrs. Crowe Frank, have you spoken with any of the residents in Port Lions to educate them? Frank Simpson no. Mrs. Crowe what safety measures are taken? Frank Simpson it has an automatic shutoff. Mr. Hill closed the public hearing and reopened the regular meeting. Mr. Hill I feel the wind generator should be out of the residential area. Mrs. Crowe Pat, if Mr. Simpson spoke to the people of Port Lions do you think it would change their minds? Pat Lukin it may, but I'm not sure. Mrs. Strickert would tabling this hold you up Mr. Simpson? Frank Simpson no, it would be fine. ion to Dermit the construction of a n high until the Planning Commission's July 1983 regular meeting. Seconded by Mrs. Crowe. Motion PASSED by unanimous voice vote. Mr. Hill called a recess at 9:25 p.m. The meeting was reconvened at 9:35 p.m. KIBS225376 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 16, 1983, Regular Meeting Page 5 7. PUBLIC HEARING ON CASE 83-012. A request to rezone a portion of Lot 6, Block 19, Kodiak Townsite Subdivision from R-3 to Business. (Robert Hunt) Mr. Hill closed the regular meeting and opened the public hearing. Ruth Hansen concerned with the rezoning as business zoning would allow Mr. Hunt to build to the lotline and our houses are approximately 8 feet apart. Mrs. Crowe when a residential building is built on business property are there setback requirements to follow? Mr. Hodgins setbacks would need to be followed as set forth in the 1982 Uniform Building Code. Mrs. Crowe what is the rear yard setback in R-3 zoning? Mr. Walton 25% of the depth of the lot. Rebecca Strickland would like to see the height stay the same as the present structure. Walt Ebell height would be approximately 20 feet. Discussion between the Commission members on a height limit and a specified rear yard setback. Robert Hunt height would be about 20 feet. Walt Ebell rear yard would be even with existing rear yard. Mr. Hill closed the public hearing and opened the regular meeting. Mrs Strickert moved to grant the rezoning of Lot 6 Block 19, Kodiak Townsite Subdivision from R-3 to Business. Seconded by Mrs. Crowe. Motion PASSED by unanimous roll call vote. 8. PUBLIC HEARING ON CASE S-83-011. (Preliminary) Vacation/replat of Lot 5 and a portion of Lot 6, Block 19, Kodiak Townsite Subdivision. (Robert Hunt) Mr. Crowe 59 public hearing notices mailed, 2 returned in favor. 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 moved to grant final approval of the vacation/re lat of Lot 5 and a portion of Lot 6, Block 19, Kodiak Townsite Subdivision with the following conditions: 1 monument- ation of lot corners, 2 additional of legal description to the final plat, 3 inclusio of owner's name Robert H. Hunt under the signature line of ownership Affidavit and with Notar 's Acknowled ement, 4 rear and setback be 4 feet and kbTbuilding height be limited to 35 feet Seconded by Mrs. Strickert. Motion.PASSED with a 5-2 vote with Mrc CtrirkPrt_ Mrc_ Crnwp_ Mr_ Greaa_ Mr. Hill and Mr. James votinq YES and Mr. Briggs 9. PUBLIC HEARING ON CASE 83-013. A request for a variance from Section 17.18.040(C) to permit the construction of a bedroom addition which will leave a 7 foot rear yard on Lot 1 Block 8, Leite Addition. (Pete and Judy Kendrick) Mr. Walton presented the staff report and addendum as prepared by the Community Developmer Department. Mr. Hill closed the regular meeting and opened the public hearing. Judy Kendrick we would like to amend our request to a 12 foot addition which would leave a 15 foot rear yard. Mr. Hill closed the public hearing and reopened the regular meeting. Mrs Strickert moved to grant a variance from Section 17.18.040(C) to permit the con- struction of a 12 foot bedroom addition which will leave a 15 foot rear yard on Lot 1 Block 8 Leite Addition. Seconded by Mr. James. Motion PASSED with a 4-3 vote with Mr. James Mrs Strickert, Mr. Gregg and Mr. Hill voting YES and Mr. Rennell, Mrs. Crowe and Mr. Briqqs votinq NO. Mrs. Crowe I voted no because I feel there are no physical circumstances for granting the variance. KIBS225377 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 16, 1983, Regular Meeting Page 6 F Mr. Briggs we should adhere to the current ordinance. Mr. Rennell I concur with Mrs. Crowe. 10. PUBLIC HEARING ON CASE 83-022. A request for a variance from Section 17.12.030(A) Lot Area, on Lot 2, Block 5, Miller Point Alaska Subdivision. (Mark Majdic) Mr. Walton Mr. Majdic was called out of town on business. Mr. Crowe Mr. Majdic purchased land from an adjacent land owner which after surveyed was not enough, as when the state took land for the road right of way the wrong data was pre- sented. Mr. Hill closed the regular meeting and opened the public hearing. Hearing no comments the public hearing was closed and the regular meeting reopened. 11. PUBLIC HEARING ON CASE 83-018. A request for a variance from Section 17.60.030(G) to permit the installation of a home occupation sign on a tree instead of flat against the home on Lot 3, Block 1, Woodland Acres.Subdivision. (Jerry Martini/B.E. Nachtweigh) Mr. Walton 15 public hearing notices mailed, 2 returned in objection. Mr. Hill closed the regular meeting and opened the public hearing. Jerry Martini presented sign he would like to install. What is the deal with Strawberry Field's sign? Mrs. Crowe it is grandfathered. Jerry Martini could you grant me this variance for one year only as I hope to be moving into town within the next year? Mr. Hill closed the public hearing and opened the regular meeting. Mr. Hill if this request is denied can we ask the Borough Assembly the name the street? Mr_ Crowe yes. Mr. Hill Mr. Martini brought up the fact that this may be a conflict of interest for me, what is the commissions feelings? Commission felt there was no conflict of interest for Mr. Hill. Mrs. Strickert some type of advertisement will be needed. Mrs. Crowe I would not object to a smaller sign with Woodland Drive and an arrow. Mrs Crowe moved to grant permission to Mr. Martini to place a 1' x 4' sign with the wordin Woodland Drive and an arrow, on Lot 3, Block 1, Woodland Acres Subdivision. Seconded by Mrs Strickert Motion PASSED by unanimous voice vote. 12. PUBLIC HEARING ON CASE S-83-012. (Preliminary) Elderberry Heights Subdivision, Fourtl and Fifth Additions. Lenhart Grothe) Mr. Crowe 57 public hearing notices mailed, none returned. Mr. Hill why is this back on the agenda? Discussion between the Commission members as to what went on at the February 16, 1983 meeting and why this was back on the agenda. KIBS225378 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 16, 1983, Regular Meeting Page 7 r F Mr. Briggs moved to table the preliminary__ Elderberry Heights Subdivision until the Aoril 1983 meeting. Seconded by Mr. Rennell. Motion with a 4-3 vote with Mr. Briggs, Mr. Gregg, Mr. Hill and Mr. Renne r 13. PUBLIC HEARING ON CASE S-83-013. (Preliminary) Woodland Acres Subdivision, Third Addition. Lenhart Grothe to table Acres MKIC on until Mr Rrinnc_ Mr_ Grpaa. Mr_ Hill and Mr. Rennell voting YES and Mrs. Crowe, Mr. James 14. PUBLIC HEARING ON CASE S-83-008. (Preliminary) Vacation of a portion of roadway and utility easement, Lot 8, US Survey 3100. (Jim and Margaret Duros) Mr. Crowe presented the staff report based on a memorandum prepared by the Engineering Department. Mr. Hill closed the regular meeting and opened the public hearing. Tony Perez I thought this was all taken care of. Jim Duros I thought this was settled. I would like to get it taken care of so I can finish my garage. Discussion between the Commission members and Mr. Crowe on the difference between roadway easements and utility easements. Mr. Hill closed the public hearing and reopened the regular meeting. 15. PUBLIC HEARING ON CASE S-83-009. (Preliminary) Subdivision of Lot 14, U.S. Survey 3101. Daniel and Carolyn Merrigan Mr. Crowe presented the staff report based on a memorandum prepared by the Engineering Department. Mr. Hill closed the regular meeting and opened the public hearing. Tony Perez in favor of subdivision.' Jess Holms in favor. Mr. Hill closed the public hearing and reopened the regular meeting. Mr. Hill called a recess at 11:10 p.m. to go over the alternative subdivision plans. The meeting was reconvened at 11:25 p.m. 16. PUBLIC HEARING ON CASE S-83-010 (Preliminary) Subdivision of Lot 19, Block 4, Monashkc Bay Alaska Subdivision. Wayne and Jody Burkholder) Mr. Crowe 29 public hearing notices mailed, none returned. Mr. Rennell I would like to abstain from discussion and voting on this case as I am an adjacent property owner. The Commission agreed. Mr. Hill closed the regular meeting and opened the public hearing. KIBS225379 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 16, 1983, Regular Meeting Page 8 Steve Rennell from the audience. Would like to see larger lots in this area. Septic tank problems in the area currently. Mr. Crowe there are other means for septic tanks. Mrs. Crowe how large is the easement? Mr. Crowe 35 feet. Mr. Hill closed the public hearing and reopened the regular meeting. Mrs. Strickert moved to grant preliminary approval to the subdivision of Lot 19 Block 4 Monashka Bay Alaska Subdivision with the following conditions: 1 that Lots 19A and 19B not be able to be subdivided any further as a restriction on the plat, 2 a 20 foot utility easement be placed along the northeasterly boundary of Lots 19A and 19B and 3 applicant to obtain sanitary approval fmom the Alaska Department of Environmental Conservation. Seconded by Mr. Gregg. Motion -PASSED with a 6-0-1 vote with Mr. James, Mrs. Strickert Mr. Briggs Mr. Hill Mrs. Crowe and Mr. Gregg voting YES, no one voting NO and Mr. Rennell abstaining. 17. PUBLIC HEARING ON CASE 83-024. An Ordinance amending Chapter 18.50 of Borough Code to include remote cabin and special land use permits. (Community Development Department) Mr. Walton staff requests that this item be tabled for one month for incorporation of recently received comments. Mrs. Crowe under section 18.50.030(B) Fee the fee for a special land use permit is $200.00 payable one (1) year in advance and under section 18.50.020(1) Termination all interests in the cabin shall revert to the Borough is the remote cabin permit is terminated for cause if the site is or other need is abandoned for more than two (2) years. Mrs. Strickert moved to table an ordinance amending Chapter 18.50 of n and soecia e 18. PUBLIC HEARING ON CASE 83-025. Rezoning certain lands within the Kodiak Island Borough to PL-Public Use Lands. Community Development Department) Mr. Walton explained the PL-Public Use Land zoning Map. Mr. Hill closed the regular meeting and opened the public hearing. Kenneth VanDyke what it parcel #63 zoned? Mr. Walton R1. Kenneth VanDyke would like to see it remain residential. Mrs. Crowe wasn't that land given for a park? Mr. Crowe I'm not sure. Mrs. Crowe this parcel should be deleted from the rezoning. Mr. Hill closed the public hearing and reopened the regular meeting. ne certain lands wi lic mous roll cal 19. PUBLIC HEARING ON CASE 83-026. A request to rezone the land at the end of Gara Drive from Conservation to Rural Residential for Land Sale #8. (Community Development Departmen Mr. Walton presented the staff report based on a memorandum prepared by the Community Development Department. 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. Briggs moved to rezone the land at the end of Gara Drive from Conservation to Rural Residential for Land Sale #8 5 acres). Seconded by Mrs. Strickert. Motion PASSED by unanimous voice vote. KIBS225380 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 16, 1983, Regular Meeting Page 9 20. NEW BUSINESS - None. 21. COMMUNICATIONS 1. Ordinance amending Chapter 17.21 of Borough Code on Business Districts. Mrs. Crowe place on the April 1983 meeting agenda. 2. Ordinance amending Section 16.12.020(F) of Borough Code on preliminary plat procedures. r` Mrs. Crowe place on the April 1983 meeting agenda. 22. ADDITIONAL AUDIENCE COMMENTS. None 23. CHAIRMAN'S REPORT Mr. Hill I don't really feel comfortable with the action we took on the Senior Citizen rezoning as we placed a height limit of 35 feet on the building which may or may not be okay. Mrs. Crowe moved to reconsider a request to rezone Lot 3C R-3 to Business. Seconded by Mr. Strickert. Motion PASS Mr. Rennell moved to table a request to rezone Lot 30, B1 R-3 to Business until the April 1983 meeting. Seconded b unanimous voice vote. 24. COMMITTEE REPORTS. None 25. COMMISSIONER'S COMMENTS i unanimous voi Mrs. Crowe Please don't forget about the site plan definition and what is the status of the building going on behind the VanDyke's house? Mr. Briggs is the Park Dedication Ordinance on the April meeting? Mr. Walton yes. Mrs. Strickert nothing. Mr. Gregg we should have discussed the Len Grothe subdivisions at a work session not during our public meeting. Mr. Rennell I concur with Mr. Gregg on the Len Grothe Subdivisions. Would like to discuss conflict of interests at a work session. Mr. James we should really be careful about contract zoning and adding covanents to plats as we seem to be getting carried away. 26. DEPARTMENTAL REPORTS Mr. Walton I think Mr. Crowe should introduce his new employee. Mr. Crowe this is Dan Millard our Construction Inspector. 27. ADJOURNMENT the meeting was adjourned at 12:10 p.m. KODIAK ISLAND BOROUGH r - PLANNING AN ZONING COMMISSION i BY -PTanning s' irman ATTEST: BY: Uv1lo Tannin Secretary DATE MINUTES APPROVED: do&a Qo, igS3 KIBS225381