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1981-01-28 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 21, 1981 rescheduled to January 28, 1981 Page 1 r-- r I. CALL TO ORDER - Mrs. Crowe called the meeting to order at 7:45 p.m. II. ROLL CALL Commissioner's Present Mrs. Crowe Mr. Ball Mr. Hill Mr. Ramaglia Mrs. Walser Mr. Gudenau Commissioner Excused Mr. Briggs Also Present Mrs. Jones Mr. Hodgins Mr. Crowe III. MINUTES - December 17, 1981. Mrs. Crowe Under appearance request Glenn Herbst from the Police Department - when the Commission orginally reviewed the traffic flow Pattern in the Mall parking area it was our recommendation to use signs to assign it as one way. Under case Z-80.045 and Z-80.050 the other point brought out by the Commission was that it was the feeling of the Commission we didn't feel at this time that it was necessary for the benefit of the community to change the Comprehensive Plan and. that Mr. Briggs was not the only Commissioner that received phone calls for objections to the rezoning. Zoning case Z-80-D49 Mr. Beehler one reason this came to a head in reference to ,iis desire to a zoning change to R-2 is that when he orinina.11y received a building permit for a duplex. Mr. Finley also felt the same way. Mr. Ball moved to accept the minutes with the above corrections. Motion PASSED by unanimous The Planning Commission added Mr. Chris Magnussen to the agenda under Old Business for an extension to a variance granted to him by the Commission in May 1979 on lot 2B, block 2, USS 2843 for a 15 foot rear yard encroachment.. i.!'. APPEARANCE REQUEST - None V. UNFINISHED BUSINESS - None VI. PUBLIC HEARINGS A. ZONING 1. Z-80-052. A request for an exception for a 33 square foot reader board sign on lots 84, 89, and 90, block 9, Erskine Subdivision. (City Market) STAFF REPORT: Mr. Hodgins updated the original staff memo in regard to the actual location of the reader board sign. There will be eight (8) feet from the edge of the sign to the road -right-of-way. Discussion on originally looking at the sign when the Commission thought the sign would be parallel to the building when actually it will be perpendicular to the building. The sign will be on a pole. Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no comments Mrs. Crowe closed the public hearing and reopened the regular meeting. There were 37 notices sent out and only 1 returned with nonobjection. Discussion on position of sign. Is sign against building? Yes it is. Mr. Ball moved to orant an memora ro ception for a 33 square foot reader board kine Subdivision to be erected as shown in ns. Seconded by Mr. Hill. Motion PASSFD 2. Z-80-053. A request for an exception to permit an R/V trailer to be used as a permanent year round dwelling and a variance from section 17.42.050 "Building Erection" to allow one (1) main dwelling on a lot on lot 16, USS 3101. (Fred Knutzen) STAFF REPORT: Mrs. Jones stated that there were 24 notices sent out and 3 returned with objection. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 21, 1981 rescheduled to January 28, 1981 Page 2 Mr. Ball read the letters of objection into the minutes for record. Mrs. Walser did you feel the septic system was adequate? Mr. Hodgins it is really hard to determine without running the dye test or digging up the system. Explained that the dye test would have to be done to each toilet 24 hours apart to tell if there is any leakage. Mr. Brighton has to go through his Superior before he can start doing the testing. Mr. Ball is the sewer our problem or the sanitarians? The sanitation must be meant before a building permit is issued. Discussion between the Commissioners as to whether or not the septic tank is any of there concern or if the concern is only in the building. Mrs. Crowe closed the regular meeting and opened the public hearing. Testimony in favor is first. Please try to limit testimony to three minutes. Mr. Fred Knutzen. Presently lives in the R/V trailer in question. Took out the smaller trailer and replaced with a larger one. The smaller trailer was 18 ft. in lenght and the larger trailer is 27 ft. in length. The larger trailer has a shower in it and the small one did not. Feels that the R/V is livable all year round. The sewer system and the water system seems adequate to him. Has the same sewer system in the larger trailer as in the smaller trailer except for the now we have a shower in the trailer. Mr. Ball did you have an outhouse? Mr. Knutzen No. Mrs. Crowe what brought this to a head was the fact that you didn't get a building permit. Mr. Knutzen yes that is true I didn't realize this would be a problem. The size cannot be seen as the trailer is just longer not wider. Mr. Perez owns adjoining lots and the lot in question and is in favor of the R/V. Mrs. Crowe Did you want to address the sewer system. Mr. Perez certainly! The septic tank was installed in 1965 or 1966 the sanitarian was Mr. Devoe saw all the work done to the tank. The septic tank is a 6000 gallon tank, presently there are three (3) trailers hooked up to this tank. Mrs. Crowe would you have any objection to the dye test being run? Mr. Perez no I would not have any objection to the test being run. Testimony against. Mr. Christie sees the problem as a person living in a recreational vehicle I do not have any problem with that but apparently it is against the Code. The thing I really object to is the fact that there are four (4) dwellings on one lot, and as far as the sanitation you were just talking about there is a bad odor and it has been there for a number of years to a point where I was concerned about the sanitation problem so I took a water sample sent it to Anchorage got back a reading of something like 2 ekoli per cc of water ekoli is a bacteria found in human waste and so it is an indicator that there is some leakage of human waste into the swamp area to what degree I have no idea. Have adjacent property and we myself and the other four dwellings share the access road there two dwellings that were there three or four years ago was okay as they were well done and I did not mind that but then two more were brought in, in the Fall of 1979. Since we do share the access road I get to see all the traffic go by and it does have quite an effect on my property. To give you alittle bit of history on this case in October 1979 I made a complaint the Building Inspector about the two additional KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 21, 1981 rescheduled to January 28, 1981 Page 3 trailers'being put on the lot and in December 1980 followed up with the complaint to see what was going on and there was never anything done. In June 1980 there was a forgiveness clause passed by the Borough Assembly which made illegal happenings legal even though they were illegal by the Building Inspectors determination. Many months prior to this forgiveness clause my complair was submitted. As I understand the clause there must not be any change in a nonconforming structure a structure that has been forgiven if it burns down or if there is some change made it can't be they must go by the new code. One year after my original complaint I came home for lunch and noticed that Mr. Knutzen was changing the trailers this is what originated my complaint, I see that as a change to the property and a change that goes against the forgiveness clause. The way I understand the foregiveness clause was brought about to strenghten the Zoning and Building codes and make them enforcible. Feels his rights as a property owner has been harmed by the foregiveness clause since I complained earlier. Discussion between Mr. Christie and the Commission on criteria for the granting of a variance, Mr. Christie does not feel Mr. Knutzen has met the criteria for granting a variance. Mr. Christie feels he has suffered a loss of privacy due to increase of traffic. Would like to see only two dwellings per lot. Mr. Ball who owns the access road? Mr. Christie the start and finish is on my property and the middle is on Mr. Perez's lot. Mrs. Crowe when did you buy the trailer ? Mr. Christie In the fall of 1974. Mr. Ball you would like to see the R/V trailer moved even if the smaller one was still there? Mr. Christie yes, two R/V trailers are not adequate for living in my opinion. Mr. Ramaglia there are two R/V's in there? r.. P_ Mr. Christie yes one is considered a fifth wheel and then Mr. Knutzen's. Both brought in about the same time in the fall of 1979. Mrs. Jones explained why the Building Official did not act on Mr. Christie's original complaint. Mr. Christie did not put it in writing so we could not act on it. Mr. Christie was notified that the complaint had to be in writing we received nothing. Mr. Christie explained that he was just trying to keep a low profile and did not want to cause trouble. Discussion on the grandfather clause. Was a suprise to everyone. Mr. Knutzen would like to state that there is two lots and the trailers are not close together feels that there is approximately 250 ft. from Christie's home. There is approximately a little over five acres between these lots. Mr. Perez there is alittle under five acres and there are five units on the lot. I am in the process of having Mr. Ecklund survey the lots so as to have nine lots and each one would be legal to have a trailer on them. Mr. Knutzen is not the only person living in an R/V trailer year round, the addition is well built. Discussion between Mr. Perez and the Commission on the proposed subdivision. Mr. Christie location of trailer feels that there is not adequate side yards between the trailers this is just speculation. Would like to see everyone follow the rules. Mr. Knutzen Mr. Christie should follow the rules before making that type of state- ment, that no one else follows the rules. No person attaches at this time. Mrs. Crowe closed the public hearing and reopened the regular meeting. KIBS225175 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 21, 1981 rescheduled to January 28, 1981 Page 4 F_ Mr. Ramaglia is not real clear on what the grandfather clause is for, my under- standing is that it is to clear the slate and start over. Mr. Hill in the past the courts have upheld a certain amount of upgrading and our attorney would back this however, not substantial upgrading. In this case there is only a small amount of upgrading, does not feel that it is substantial upgrading issue. This should probably remain under the grandfathering clause. Mrs. Crowe read the opinion from Mr. Garnett and Rhodes, Norman and Mahoney on grandfathering. Does not feel that the variance answers the four criteria needed to grant a variance to Mr. Knutzen and as we discussed earlier I think our way is to, if we grant the variance then we are saying okay its also okay for all R/V trailers to be used as housing on a year round basis in going over our trailer ordinances this is not something we want to happen. We would like to define R/V trailers and trailers further. Would suggest turning down the variance and make an interpretation of the grandfathering by possibly if it is the wish of the majority of the Commission to allow this trailer to stay Mr. Knutzen will have to come in for a building permit and come into conformance with the Ordinances and at that time the questions of the septic system will have to be answered before the building permit can be issued. Mr. Ball you are saying that if we turn the variance down we still say the trailer is permitted under the grandfather clause. Mrs. Crowe yes, as it is not substantial upgrading. Discussion between the commission on what they could do with this case. Mr. Ball called for a five mini PASSED by unanimous voice vote Mr. Ball moved to grant a requ( used as a Dermanent year round Mr. Hill en has rignts with the s unanimous ro B. SUBDIVISIONS - None C. OTHER - None VII. OLD BUSINESS A. ZONING e recess. Seconded by Mrs. Walser. Motion t for a variance to permit an R/V trailer to be wellin and a variance from section 17.42.050 1 mai_n dwelling on a lot on lot 16, USS 3101 ILED by unanimous roll call vote. upheld a certain amount of upgrading not subst de on a certain amount of upgrading and accordi in under the interpretation of the grandfather Mr. Knutzen must have a building permit with t s must be accomplished within 90 days or the Seconded by Mrs. Walser. Motion PASSED by 1. Z-79-018. A request to permit a 15' rear year encroachment variance. (Chris Magnussen) Mrs. Crowe gave a brief history of the case. The Planning Commission granted this variance in May of 1979 and since construction was not started within six months the variance has run out. Mr. Hill moved to renew a variance for Chris Maqnussen from the May 8, 1979 Planning Commission meeting that the variance be granted to lot 2B, block 2 USS 2843 to permit a 15' rear yard encroachment this is allowed under Section 17.66.170. Seconded by Mr. Ramaolia. Motion PASSED by unanimous roll call vo B. SUBDIVISIONS 1. 5-446-A. the subdivision of lot 2, block 3, Bells Flats Alaska Subdivision. Fred Greer) KIBS225176 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 21, 1981 rescheduled to January 28, 1981 Page 5 r-- Mrs. Crowe first order would be to move to reconsider this case. From May 18, 1977 Subdivision was approved in May 1977 with the stipulation that the State Sanitarian review and comment on this case. Nothing was ever done as the records were thrown away. Letter was sent to Mr. Brighton on the 13th of November and he return ed a letter with no objection. But then on a phone conversation Mr. Brighton said that he did have a problem with it but when he was asked to send a letter withdra!ving the oric-in,.<.l letter no letter is `rcrthco,;;ing. Mrs. Walser Mr. Greer came to my house tonight, he is ill, basically he is angry wit�t e�situation. But now there are two property owners on the two lots, everything is being held up and he cannot close any deals or sell the lots. Is obviously for the subdivision. Do we have to hold another public hearing? !lrs. Crowe No we do not. Mrs. Walser should I not vote on this case. Mrs. Crowe you should be allowed as you will not be gaining anything by granting or turning down. Mr. Ramaglia just making sure he understood that Mr. Brighton did not send a letter in writing to withdraw his letter of nonobjection. Mr. Hill didn't we agree that it is up to the property owner to do the septic and what it will cost not the Sanitarians. Lot 2A is on the hill. Discussion on septic system. Mr. Ball moved to reconsider the and Zoning Commission for the su Subdivision into three lots vary Seconded by Mrs. Walser. Motion Mr. Ball moved to grant final ap Flats Alaska Subdivision into th 40.139 square feet each. Second y 18 1977 decision of the Planning vision of lot 2, block 3, Bells Flats Ala from 48 759 square feet to 40,139 square SSFO by unanimous roll call vote. 1 to the subdi 2, block 3. Bel unanimous 2. S-80-016. A request to subdivide lot 1, block 1, Holland Acres First Addition USS 3218 into lots IA, and 1B. (Tim Johnson) Mr. Hill moved to grant fin Holland Acres First Additio Ramaglia. Motion PASSED by VIII. NEW BUSINESS A. ZONING - None B. SUBDIVISIONS - None 1 approval for a request to subdivide lot 1, block 1 11SS 3218 into lots IA, and 16. Seconded by Mr. unanimous C. OTHER 1. 0-80-007. A request for a grazing lease on USS 2730, lots 2, 3, 10 & 11. (John M.G. Brown) Discussion on fees for leases. Mr. Ramaglia Isn't this the one that the applicant does not tell what he is going to be grazing. Mrs. Crowe yes Mr. Hill do we have to know what the person is leasing? Mrs. Crowe that is one of Mr. Tubbs' points, as light grazing would have little impact on the land. Heavy grazing could be determental to the land. Mr. Ball does not feel that the land could be over grazed. KIBS225177 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 21, 1981 rescheduled to January 28, 1981 Page 6 Mr. Ball questions the forth paragraph where fir. Tubbs states that this land was considered for land disposal at the December 6, 1980 land auction they were pulled pending a better layout of the parcels and suitable access to each. Recommends a five year lease not a twenty year lease. Discussion on the lenght of the lease and why the Borough did not sell them at the last sale. Mrs. Crowe went over the six conditions fir. Tubbs has recommended. Mr. Ramaglia shouldn't we contact Mr. Brown as he has requested a long term lease not a short term lease? Mr. Brown does not have to accept the lease if he does not agree to it. Mr. Ball would like to see the years written notice changed to 90 days written notice. Mrs. Crowe does this man own adjacent land? Fir. Crowe yes. Mrs. Walser if we are in the process of possibly changing the fee to $500.00 should we think about changing the fee to the lease to $500.00. Discussion on the fee of the lease. Discussion on the acreage of the land. Mr. Ramaglia moved to recommend to the Bo IJ. ICI III - J yC used in Chapter lease upon 90 da This could inclu to cultivate the the property mus determine if the creating a stron roll ca 8.5u as a min s written not e selling the leased area t be approved grazier shoul er demand for animals or People. Assembly the granting of a request h the following stiDulations: ULIdDle, c . 1>60u.UU PLr ear - L111b lee The KIB reserves the right to cancel t a higher and better use becomes apparent. parcel in one unit, 4). Efforts by the le forage crops to feed the animals on or off e lease use on of maimin ser. Motion un azin , imals 2. 0-80-008. A request to purchase lot 11, USS 3098. (Island Air - Robert Stanford) Mr. Crowe gave history of the case. This has been on the tax records as being owned by the City of Kodiak. City iniated a lease to Southcentral Airtaxi in 1970 that lease has been used every since and has been drawn up as a five year lease. In 1977 our tax records showed this land belonging to the State and now the Borough has tentatively selected this land but it has not be conveyed because the Borough and the City have never signed an agreement stating that this land is only going to be used for aviation purposes. If a lease or sale of this propert were to take place the Resolution stating that the land would only be used for aviation purposes could be sent to the State so that maybe the patent would be released sooner if not then Mr. Stanford would have to deal with the State. Discussion between the Commission and staff on different options they could take on this case. Mr. Ball do all lands that are requested for lease or sale have to come before the Planning and Zoning Commission? Mr. Crowe yes, as you have to give a recommendation. Mr. Stanford would like to purchase the land as his building is split by the boundary line of lot 11, makes it hard to expand this way. Mr. Ball our recommendation to the Borough Assembly would be to lease or sell to him whichever is more advantageous to the two parties. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 21, 1981 rescheduled to January 28, 1981 Page 7 Mr. Stanford Mr. Tubbs stated that this lot is off by itself. Mr. Hill were you going to put an aviation stipulation on this property? Mr. Ball it has to according to the State. Discussion between staff and the Commission. Mr. Ball moved to recommend to the Borough Assembly that they sell or lease lot 11, USS 3098 to interested parties and the parties must have a development plan as a prequalification to purchase discussion on the proper wording for the motion. Mr. Ball moved to recommend to the Borough Assembly that they sell or lease lot 11, USS 3098 to interested parties based on peequalification through submittal of a development plan for avaition related ourooses. Seconded by Mrs. Walser. Motion 3. 0-80-009. A request for an interpretation of Section 17.21.010 "Uses Permitted" to permit a cold/dry storage and two different apartments on lot 20, block 1, Russian Creek Alaska Subdivision. (Paul Harder) Mrs. Walser I understand he cannot build a separate apartment as it is not in the business is that correct? Mrs. Crowe yes that is correct. Mr. Gudenau read the section from the code book. Mr. Ramaglia would the tower be considered a business if there were more than one apartment. Mrs. Walser moved to interpret that Section 17.21.010 "Uses Permitted" to pe cold/dry storage and two different apartments on lot 20, block 1, Russian Cr "— Alaska Subdivision that the Commission feels that apartments are only allowe in a business but not in the tower. Seconded by Mr. Gudenau. Motion PASSED IX. INFORMATION AND REPORTS A. Communications 1. Letter from John Eufemio regarding to new parking ordinance - Acknowledge receipt will be put on agenda at a later date. 2. Contract Zoning information from the Municipality of Anchorage - no action 3. Work Program for 1980-1981 - Mr. Grothe will be on Feb. 4, 1981 work session. 4. Planning and Zoning Commission work session schedule - no action B. Reports 1. Commissioner's Comments Mr. Ball Ordinance providing for negotiated lease for Borough owned land. r— 18.40.020 A of the Borough Code the new section wQul;d read as follows: KIBS225179 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 21, 1981 rescheduled to January 28, 1981 Page 8 Mr. Hill tonight you received goals and objectives from CZM that you should review and make comments on if you wish they should be done as soon as possible. You can turn your comments into Joanne or Linda Freed. Mr. Ramaglia should be prepared for the meetings you attend as they try to corner you. Mr. Gudenau no Mrs. Walser no 2. Chairman's Report none 3. Committee Report - none 4. Staff Report a. Borough Manager - none b. City Manager - none c. Planning Department - none d. Engineering Department - none X. COMMISSIONER'S COMMENTS - See above. XI. AUDIENCE COMMENTS - none XII. ADJOURNMENT the meeting was adjourned at 10:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION PlanrAng and Zoning Chairman ATTEST: -- /1 1uI.n ning Tk MINUTES APPROVED: February 18. 1981 Date