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1989-12-20 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - DECEMBER 20, 1989 MINUTES I, CALL TO ORDER to The regular meeting of the Planning and Zoning Commission , 19891indthe order at 7:35 p.m. by Chairman Tom Hendel on December 20 Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Tom Hendel, Chairman Bruce Barrett Wayne Coleman Jon Hartt Robin Heinrichs Mary Lou Knudsen Commissioners Absent: Jody Hodgins, Excused Duane Dvorak, Acting Director Community Development Department Bob Scholze, Associate Planner Community Development Department Patricia Miley, Secretary Community Development Department A quorum was established. APPROVAL OF AGENDA Staff reported the following additions to the agenda: AGENDA ADDITIONS IX COMMUNICATIONS C) ,Recommendations for Zoning Hearings" from the October 1989 Zoning News• D) Letter dated December 1, 1989 to Byron Pierce from Bob Scholze, re: Lot 8A, Block 1, Southeast Addition - 1214 Father Herman. E) Letter dated December 6, 1989 to Patty Bielawski, OMB-DGC from Linda Freed, re: Woodland Acres Subdivision Fourth and Fifty Additions. k White from Bob F) Letter Scholze,atere� of 3, Block 4, Mountain View December 14, 1989 to r2nd Addition— 1855 Three Sisters. G) Letter dated December 15, 1989 to Patty Bielaws ii, OMC DGpC, from Duane Dvorak, re: Koncor Big Sandy LakeAfognak Island. KIBS226b61 P & Z Minutes: December 20, 1989 Page 1 of 21 IV. V. Letter dteDecember Jim Wheeler froBob H) Scholzearea Lot 3, Blockl1, RusselltEstates Subdvisiionm 1113 Selief. I) Letter dated December 19, 1989 to John Parker from Joel H. Bolger, re: Tract D-1, U.S. Survey 3218 - 3215 Mill Bay Road. he COMMISSIONER EN MOmotto O ACCEPT o agenda t additions reported by seconded andCARRIEDby unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the December 2The9motion wasgsecondediand CARRIED byu l and Zonng Commission nanimousnvoce presented. vote. S AND APPEARANCE REQUESTS AUDIENCE COMMENT KURT LEDOUX appeared before the Commission and expressed support for Appearance Request "C." The Commission and Mr. LeDoux discussed the history of the request. It was the original variance request, Mr. LeDoux had no noted that at the time of objection to providing the off-street parking on Lots 6Ao, 6B, thevariance d6C,Blocki 8g Kodiak Townsite; that subsequent to the grantingapparent that providing the off-street consultation with contractors, it became parking on Lots 6A, 6B, and 6C was impractical; that Mr. LeDoux had been unable to obtain easements from other property owners in the area for the off- street parking but that he could obtain a lease; and that Mr. LeDoux believed that there were reasonable alternatives for providing off-street parking other than on Lots 6A, 6B, and 6C. The Commission expressed concern about the future of the building including expansion of the professional uses, selling the building, and providing the off-street parking required by the Borough Code. There were no further audience comments. Case 88-063. Planning and Zoning Commission tions) view and variance from Sections 17.03.100(1) (Airport Regula 17.06.162 (Clear Zone) and 17.06 000 (Parking Zone) of the Bore 90 Code which permitted a six (6) parking encroach fifteen (15) feet into the municipal airport clear and p g zones where the fence and atBus ned items Business Zoning not Distric�t. er than Lots 6A-1 and elevation of the runway ' Harold Jones) 6A-2, U.S. Survey 3098; 2025 and 2075 Mill Bay Road COMMISSIONER KNUDSEN MOVED TO ACCEPT the staff report dated December 7, 1989, as the Commission's annual reviewfor Case ence 88-063: a variance which permits the erection of a six (6) foot and outdoor storage to encroach fifteen (15) feet into the municipal airport clear and parking zones where the fence and nt red i e Hess ms are not higher than the ground elevation of the runway Zoning District on Lots 6A-1 and 6A-2, U.S. Survey 3098, and to adopt the findings contained in the staff report dated December 7, 1989, as "Findings of Fact" for this review. A) KIBS226668 Page 2 of 21 P & Z Minutes: December 20, 1989 FINDINGS OF FACT 1 bNo violations were y staff during the fadocumented year of his variance. nd no plaints were received ems n the 2, The location of the fences andstorage has not iaffectted ua rport airport clear and parking operations. 3. Annual review of this variance by the Planning e nwith nthe ing Commission will assure continued comp' requirements of this variance. The motion was seconded and CARRIED by unanimous roll call vote. B) Case S-87-030. Request for a one (1) year extension of preliminary plat approval (to January 21, 1991). Alaska State Land Survey 86-136, Terror Lake Hydroelectric Project (State of Alaska Department of Natural Resources) COMMISSIONER COLEMAN MOVED TO GRANT a one 11) year extension of the preliminary plat approval period (to January 22 , i991) for the subdivision identified as Alaska State Land Survey 86-136, Terror Lake Hydroelectric Project; and to confirm the findings of fact and conditions of approval contained in the original approval. CONDITIONS OF APPROVAL Redesign Tract G to include all or none of the powerhouse, in conformance with Title 17 of the Borough Code. Include all transmission line easements across Kodiak Island Borough owned land, Afognak Nativeratio the land, Ouzrt ions Native Corporation land, and any parcels withicity limits - the ownership of which cannot be identified from the vicinity map, sheet 1 of 5. 1 2. 3. Include the Borough owned property necessary for the powerhouse area and other areas necessary for the maintenance and operation of the hydro project. from 4 IncludTerrore Lake wherethe ntit forthe access outside thedtrac s Kshown kBay onthis application. FINDINGS OF FACT 1, Unless transmission line and access roadway easements are platted, no record is on file with the Kodiak Island Borough which would provide the necessary information for review of requests for zoning compliance during the building permitings process. Therefore, if the easements permits core t platted constructed with valid Kodiak Island Borough within easements. ,�jBS2'26669 p a Z Minutes: December 20. 1989 page 3 of 21 2, The transmission lines and access roadway are integral parts of the entire Terror Lake Hydroelectric Project and are essential to the operation and maintenance of the facility. 3, Tracts G, H, J, K, and M of the proposed subdivision are contiguous to lands owned by the Kodiak Island Borough, Afognak Native Corporation, and Ouzinkie Native Corporation. 4. The contiguity extends the entire length of easements across lands owned by the Kodiak Island Borough, Afognak Native Corporation, and Ouzinkie Native Corporation, since there are no intervening ownerships not encumbered by easements. 5. Lands within the City of Port Lions, across which the transmission line passes, are contiguous to either Afognak Native Corporation land or to each other as the transmission line progresses into Port Lions. The motion was seconded and CARRIED by unanimous voice vote. C) Case 87-058- Request for Planning and Zoning Commission review and findings pursuant to Section 17.57.030 (Off-street parking -- Location) of the Borough Code to: 1, find that it is impractical to locate any of the eight (8) required off- street parking spaces on Lots 6A, 6B, and 6C, Block 8, Kodiak Townsite due to the size of the lot and the location of the existing structure on the lot; and 2. to permit the eight (8) required off-street parking spaces to locate on another lot, within six hundred (600) feet of the structure, which permits the same land use as the required parking is intended to serve. Lots 6A, 6B, and 6C, Block 8, Kodiak Townsite; 219 Mill Bay Road (Kurt and Gabrielle LeDoux) CHAIRMAN HENDEL requested thata determination tter inaict tiif nibe made by The the Commission regarding a potential Commission ruled that Mr. Hendel had a conflict of interest. CHAIRMAN HENDEL PASSED THE GAVEL TO COMMISSIONER HEINRICHS. CHAIRMAN HEINRICHS recessed the meeting at 7:45 p.m. in order for the Commission to read the "additional handouts" CHAIRMAN presented HEINRICHS to the Commission prior to the meeting. reconvened the meeting at 7:50 p.m. COMMISSIONER HARTT MOVED TO ADOPT finding number one (1) contained in the staff report dated December 19, 1989 pursuant to Section 17.57.030 of the Borough Code,off-street impractical spaces for the cate at least five (5) of the required seven (7) Block 8, Kodiak office/apartment located on Lots 6A, 6B, and 6C, Townsite. IUBS226610 p & Z Minutes: December 20. 1969 Page 4 of 21 FINDING OF FACT 1. The Planning and Zoning Commission finds that it is impractical to locate five (5) of the seven (7) required off-street parking spaces for the office/apartment located on Lots 6A, 613, and 6C, Block 8, Kodiak Townsite, because parking developed on Lots 6A, 6B, and 6C would be unsafe and of questionable benefit to the public. The motion was seconded. The Commission, with input from Mr. LeDoux, discussed the motion. COMMISSIONER KNUDSEN MOVED TO AMEND THE MAIN MOTION, changing the finding of fact to read: FINDING OF FACT 1. The Planning and Zoning Commission finds that it is impractical to locate five (5) of the seven (7) required off-street parking spaces for the office/apartment located on Lots 6A, 613, and 6C, Block 8, Kodiak Townsite, because parking developed on Lots 6A, 613, and 6C would be unsafe and of questionable benefit to the public because of the following: a. the ingress and egress to the parking area is unsafe due to its narrow width (9.4 feet) and the steepness of Upper Mill Bay Road; b. construction of the parking lot would be detrimental to the adjacent properties due to the increased drainage; C. the location of the parking lot makes it unlikely that the public would utilize the parking lot; and d. the topography is such that it would undermine the adjacent lot. The AMENDMENT was seconded and CARRIED by majority roll call vote. Commissioner Coleman voted "no." The question was called and THE MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. COMMISSIONER KNUDSEN MOVED TO ADOPT finding number two (2) contained in the staff report dated December 19, 1989 pursuant to Section 17.57.030 of the Borough Code, to permit the off-street parking required for Lots 6A, 613, and 6C, Block 8, Kodiak Townsite to be relocated to the off-street parking lot located on Lots 6 and 10, Block 14, New Kodiak Subdivision; subject to the conditions of approval contained in the staff report dated December 19, 1989. FINDING OF FACT 2. Five (5) of the required off-street parking spaces for Lots 6A, 6B, and 60, Block 8, Kodiak Townsite, should be permitted to locate on Lots 6 and 10, Block 14, New Kodiak Subdivision, because KIBS226671 P & Z Minutes: December 20, 1989 Page 5 of 21 P_ even though these spaces are not adjacent to the andoffice likely they are intended to serve, they used more by clients of the law office than would spaces developed in the rear yard where the office is located. CONDITIONS OF APPROVAL 1. A parking plan for the Holmes Johnson Clinic located at Lots 6 and 10, Block 14, New Kodiak Subdivision, showing all off-street parking spaces and those off-street parking spaces designated for the office of LeDoux and LeDoux will be submitted to the Community Development Department within ten (10) days of this decision. 2. A recorded easement on Lots 6 and 10, Block 14, New Kodiak Subdivision (Holmes Johnson Clinic) in favor of Lots 6A, 6B, and 6C, Block 8, Kodiak Townsite (LeDoux and LeDoux offices) for five (5) off-street parking spaces. The easement shall run with the land until the use(s) of Lots 6A, 6B, and 6C, Block 8, Kodiak Townsite change and/or alternative off-street parking approved by the Planning and Zoning Commission is provided. 3. Adequate signage to identify the designated spaces as the parking lot for LeDoux and LeDoux law offices will be as specified by the Community Development Department. ux 4. The off-street parking developevdh°hethe requi amen soux nof Section profession office must comply 17.57.040 (Parking Lot Development Standards) of the Kodiak Island Borough Code. The motion was seconded. The Commission discussed the motion. COMMISSIONER KNUDSEN MOVED TO AMEND condition number three (3) to read: 3. Adequate signage on the face of the LeDoux and located and LeDoux law offices shall state where the off-street parking adequate signage on the designated spaces shall specify the parking for LeDoux and LeDoux law offices parking exclusively. The amendment was seconded and CARRIED by unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED FAILED by roll call vote. Commissioners Heinrichs and Hartt voted no. The Commission deferred adoption of findings of fact in support of their decision until the end of the meeting. CHAIRMAN HENDEL returned to the Commission. p Case 89-061. Planning and Zoning Commission review and approval of a list of items to be excluded from an Administrative Decision upheld KIBS226672 P & Z Mlnuies: uetrouwo, Page 6 of 21 VI. in accordance with Section 17.68.020E (Appeals from Administrative Decisions) of the Borough Code which orders the discontinuation of an unlawful use of land (maintaining a junk yard in a B--Business Zoning District) and requires the removal of all items classified as junk by May 1, 1990. Lot 6, Block 1 DRussian Creek Alaska Subdivision 777 Cottonwood Circle. (Doug p ) DUANE DVORAK reported that Mr. Deplazes did not submit a list of items to be excluded from the Administrative Decision cited above. The Commission took no action on this item. There were no further appearance requests. PUBLIC HEARINGS Case 89-017. Rural Development Zoning District Implementation. The Planning and Zoning Commission is considering the creation strict. of a new The zoning district, the Rural Development (RD) Zoning opportunities for purpose of this zoning district is to provide development in remote areas of the Borough and to recognize the importance of the balanced utilization of natural resources. This zoning district is also designed to•allow aewnal mechanismiafor tintens�e remote land; and (2) provide arev development activities. A eighth (8th) draft of the regulations implementing this district are the subject of this public hearing. (Planning and Zoning Commission) (Postponed from the November 1989 regular meeting.) COMMISSIONER HEINRICHS MOVED TO REMOVE CASE 89-017 FROM THE TABLE. A) The motion was seconded and CARRIED by unanimous voice vote. DUANE DVORAK indicated 4 public hearing notices were mailed. Staff. noted a letter dated December 15, 1989, from Akhiok Kaguyak, Inc n as par[ was distributed to the Commissio, "additional afterany handouts" changes or for the meeting. Staff recommended, amendments to this draft are made, the Commission forward this request to the Borough Assembly recommending adoption of the Rural Development Zoning District. Regular Session Closed. Public Hearing Opened: TONY DRABECK, representing NATIVES OF KODIAK, appeared ssed support for Akhiok Kaguyak's before the Commission and expre comments regarding this request. Mr. Drabeck expressed appreciation r to heir exhaustive review a ubl c comments eints duringssion for the development of he Rural nd consideration P Zoning District. COMMISSIONER BARRETT anapplies Mes to the Kodiak Archipelago.r. Drabeck briefly discussed the Alaska Forest Practices Act as it , IDS226673 p & Z Minutes: December 20. 1989 page 7 of 21 STAN NESS, commercial fisherman, appeared before the Commission and asked how the new zoning district would affect existing structures if it were implemented. DUANE DVORAK explained that the Rural Development Zoning District is more permissive than the current Conservation Zoning District and that existing structures would become nonconforming "grandfathered" structures. Public Hearing Closed. Regular Session Opened. The Commission discussed the comments submitted by Akhiok Kaguyak. COMMISSIONER KNUDSEN MOVED TO AMEND the eighth (8th) draft of the Rural Development Zoning District regulations adding [amendments = bold]: 17.14.110 Nonconformities 1. Nonconforming lots are limited as to the permitted uses allowed. C. Setbacks from property lines for nonconforming lots of one half (1/2) acre or less. i. There is a required side yard and rear yard (landward) setback of ten (10) feet. ii. There is a required front yard (marine or landward) setback of fifteen (15) feet. [Footnote]: Water dependent is defined as a use, activity, or structure which can be carried out only on, in, or adjacent to water areas because the use, activity, and/or structure requires access to the water body (e.g., water intake facilities, micro -hydro projects, docks, piers, boat launching facilities, setnet cabins and related structures, etc.). and by adding to the end of Section 17.36.030 (Nonconforming Lots of Record) the following: Nothing in this title shall be construed to prohibit the creation of nonconforming lots which are federally mandated. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER KNUDSEN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt the eighth (8th) draft of the yjBS226614 P 8 Z Minutes: December 20, 1989 Page 8 of 21 regulations, as amended, to implement the Rural Development Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 89-064. Request for a variance from Sections 17.18.050 (Yards) and 17.36.040 (Nonconforming structures) and 17.40.010 (Projections into required yards) of the Borough Code: 1. to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1--Single-family Residential Zoning District; and 2. to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and 3. to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet into the required two and a half (2.5) foot side yard setback. Lot 13C, Block 16, Kodiak Townsite; 113 Natalia (Jim Koob) DUANE DVORAK indicated 33 public hearing notices were mailed for this case and none were returned. Staff noted that a revised memorandum had been distributed as part of the "additional handouts." Staff recommended approval of this request subject to conditions. CHAIRMAN HENDEL recessed the meeting at 8:50 p.m. in order to read the revised staff report. CHAIRMAN HENDEL reconvened the meeting at 8:55 p.m. Regular Session Closed. Public Hearing Opened: KEN VAN DYKE, contractor, appeared before the Commission and expressed support for this request. The Commission and Mr. Van Dyke, with input from Community Development Department staff, discussed the recommended conditions of approval. JIM KOOB, applicant, appeared before the Commission and expressed support for this request. The Commission and Mr. Koob, with input from Community Development Department staff, discussed the recommended conditions of approval. TONY DRABECK, adjacent neighbor, appeared before the Commission and expressed concern with the timeframe for this project. Mr. Drabeck stated that it has been a five year project to this point. Mr. Drabeck expressed support for condition of approval number three. KIBS226675 Page 9 of 21 P & Z Minutes: December 20, 1989 The Commission and staff discussed the enforceability of condition of approval number three. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT a request for a variance from Sections 17.18.050 and 17.36.040 and 17.40.010 of the Borough Code: (1) to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1--Single-family Residential Zoning District; and (2) to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and (3) to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet into the required two and a half (2.5) foot side yard setback on Lot 13C, Block 16, Kodiak Townsite; subject to the conditions of approval contained in the staff report dated December 20, 1989; and to adopt the findings contained in the staff report dated December 20, 1989 as "Findings of Fact' for this case. CONDITIONS OF APPROVAL 1. The applicant must obtain and record an easement for Lot 13A, Block 16, Kodiak Townsite for the benefit of Lot 13C, Block 16, Kodiak Townsite, to show that adequate legal access exists to the proposed off-street parking area to be developed as a part of this variance. A copy of the recorded easement must be submitted to the Kodiak Island Borough Community Development Department prior to issuance of zoning compliance. 2. The applicant must obtain certification from the City of Kodiak Fire Chief that the location of the structure to be renovated on Lot 13C, Block 16, Kodiak Townsite has adequate access for fire apparatus as required by the Uniform Fire Code and that an adequate water supply exists in the vicinity. This certification must be submitted to the Kodiak Island Borough Community Development Department prior to issuance of zoning compliance. 3. Completion of the project shall not exceed one (1) year from the date of zoning compliance issuance, unless an extension has been requested and obtained from the Planning and Zoning Commission. The motion was seconded and CARRIED by unanimous roll call vote. KIBS226676 P & Z Minutes: December 20, 1989 Page 10 of 21 C) Case 89-065. Request for review by the Planning and Zoning Commission in accordance with Sections 18.20.030 (Review by planning commission --Assembly approval) and 18.20.100 (Disposal for fair market value) of the Borough Code of a disposal of Borough land for less than fair market value to the Kodiak Public Broadcasting Corporation: 1. by lease for an area previously leased for a satellite dish; and 2. by easement for an existing cable which connects the satellite dish to the broadcast facilities. A portion of Lot 5A, U.S. Survey 2538; 623 - 815 Rezanof (Kodiak Island Borough and Kodiak Public Broadcasting Corporation dba KMXT-FM) DUANE DVORAK indicated 146 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff recommended the Commission forward this request to the Borough Assembly recommending approval. Regular Session Closed. Public Hearing Opened: KELLY LAW, Executive Director of KMXT, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO AMEND Planning and Zoning Commission Resolution 89-10-R by adding a clause stating: WHEREAS, Kodiak Public Broadcasting Corporation presently utilizes this property. The AMENDMENT DIED for the lack of a second. COMMISSIONER HEINRICHS MOVED TO ADOPT Planning and Zoning Resolution 89-10-R in accordance with Sections 18.20.030A and 18.20.100B of the Borough Code, recommending that the Kodiak Island Borough Assembly dispose of a six hundred twenty-five (625) square foot parcel of Borough land by lease for less than fair market value; and, that the Kodiak Island Borough Assembly dispose of a ten (10) by two hundred fifty-five (255) foot easement for less than fair market value; and to adopt the finding of fact, as amended, contained in the staff report dated December 12, 1989. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NO. 89-10-R A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE KIBS226677 P 8 Z Minutes: December 20, 1989 Page 11 of 21 DISPOSAL VALUE BOROUGH PROPERTY FOR LESS THAN FAIR EASE AND BY EASEMENT. WHEREAS, Section 18.20.030A of the Borough Code requires the review of each disposal of Borough real property by the Planning and Zoning Commission; and, WHEREAS, Section 18.20.170 of the Borough Code defines "disposal" as any disposals of real property including leases; and, WHEREAS, the Planning and Zoning Commission has held an advertised and noticed public hearing on this disposal by lease; and, WHEREAS, the Planning and Zoning Commission has determined that this proposal is consistent with the Borough Code, specifically Titles 17 and 18, and the Kodiak Island Borough Coastal Management Program. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Planning and Zoning Commission has determined that a six hundred twenty-five (625) square foot Portion of Lot 5A, U.S. Survey 2538 is presently surplus to the Borough's needs and recommends to the Kodiak Island Borough Assembly that it be made available for disposal by lease for less than fair market value to the Kodiak Public Broadcasting Corporation, a nonprofit organization. BE IT FURTHER RESOLVED that the Kodiak Island Borough Planning and Zoning Commission has determined that a two thousand five hundred fifty (2,550) square foot Portion of Lots 5A and 7A, U.S. Survey 2538 is presently surplus to the Borough's needs and recommends to the Kodiak Island Borough Assembly that it be made available for disposal by easement for less than fair market value to the ofit Kodiak PASSED roadcasting Corporation, aAND APPROVED THIS20THrDAY rOF organization. 1989. FINDING OF FACT The disposal is consistent with both Title 17 (Zoning) of the Kodiak Island Borough Code and the Kodiak Island Borough Coastal Management Program. Since the Kodiak Island Borough has no immediate plans for this property and since the length of the lease is relatively short [ten (10) years], this property can reasonably be considered to be surplus to the Borough's present needs. The motion was seconded and CARRIED by unanimous roll call vote. D) Case 5-89-042. Request for preliminary approval of the subdivision of Lots 6 and 7, U.S. Survey 3100 and replat to Lots Estates Subdivision, U.S. Survey 3100. 31 123 and3163uSpruce Cape Road (Anthony Perez) DUANE DVORAK indicated 23 public hearing notices were mailed and 1 was returned, objecting to mobile home residences being placed on these lots. Staff noted that a revised staff report was distributed as part of the "additional handouts." Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: �Bs2266'18 P & Z Minutes: December 20. 1989 Page 12 of 21 MARTHA RANDOLPH, adjacent property owner, appeared before the Commission and expressed opposition to this request. SCOTT ARNDT appeared support for this request. TONY PEREZ appeared support for this request. The Commission and Mr. approval. Public Hearing Closed. Regular Session Opened. before the Commission and expressed before the Commission and expressed Perez discussed the proposed conditions of COMMISSIONER KNUDSEN MOVED TO GRANT preliminary approval of the subdivision of Lots 6 and 7, U.S. Survey 3100 and replat to Lots 1 through 10, Perez Estates Subdivision subject to the conditions of approval, as amended, contained in the staff report dated December 20, 1989 and to adopt the findings contained in the staff report dated December 20, 1989 as "Findings of Fact' for this case. CONDITIONS OF APPROVAL Relocate or res which 1 proremove posed lot li eto a legal location in will in accordance with Title 17 of the Borough Code. 2. Designate the indicated private road easement on the plat as a private road and utility easement. 3. Show the ten (10) foot utility easement created by Plat 83-9 located along the northeast boundary of the subdivision. (At the rear of Lots 6, 7, 8, and along the side of Lot 10.) 4. Place notes on the plat as follows: The front yard and side yard setback for Lots 1, 3, 4, 5, 6, 7, 8, and 10, shall be calculated from the edge of the private road easement." "Access to Lots 1 and 9 will be limited to the private road." 5. The subdivider will provide a drainage plan for the site that is satisfactory to the Kodiak Island Borough Engineering and Facilities Department prior to final approval. 6. The title block shall be modified to read: Vacation of Lots 6 and 7, U.S. Survey 3100 per plat 83-9, and replat to Lots 1 through 10, Perez Estates Subdivision." 7. Provide a written deed, suitable for recording, conveying a perpetual easement for a private road right-of-way to the owners of Lots 1, 3, 4, 5, 6, 7, 8, and 9, within the subdivision. The 6p014 KIBS226619 p 8 Z Minutes: December 20, 1989 page 13 of 21 e that the easement un th shall be benefit of thetdesign designated parcels. shall r Theeaseimentellshall for the l be adequate to satisfy the right-of-way. 8. The subdivider shall include with the final plat a written agreement which requires the subdivider to include a covenant or condition in each deed conveying each lot or parcel in the subdivision. The covenant or conditionmfor haul require he landowner to share in the pay ary construction and maintenance of the private road to the standards specified by Title 16 of the Borough Code. 9, The subdivider will provide a written covenant providing for the payment of real property taxes for the right-of-way area as set forth in Section 16.40.070 of the Borough Code prior to final approval of the plat. Section 16.40.070 states in part: I,... No land within a subdivision may be reserved as a common use area to the owners of parcels within the subdivision unless the subdivider provides a covenant approved by the Commission and the Borough attorney which provides for the payment of real property taxes on the parcel to be reserved (e.g., the covenant could provide that the adjacent property owners would be assessed a prorated amount of the real property taxes on the parcel to be reserved)." 10. If the subdivider decides to dedicate the private roadway easement for a public road right-of-way (as suggestedY the Kodiak Island Borough Engineering and Facilities Department), then conditions of approval 7, 8, 9, and 10, are not applicable. 11. Provide on the final plat a cul-de-sac or hammerhead turn satisfactory to the Bayside Fire Chief. FINDINGS OF FACT: 1 This meets standards of survey accuracy poPpCParat oof plats required in Title 16 ofhe Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. 4. Approval of this plat by the Kodiak Island Borough Planning f from and Zoning Commission does not excuse the applicant compliance with applicable State and federal regulations. The motion was seconded. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION, changing the conditions of approval to read: KIBS226680 P & Z Minutes: December 20, 1989 Page 14 of 21 CONDITIONS OF APPROVAL 1, Relocate or remove any structures which will encroach a proposed lot line to a legal location in accordance with Title 17 of the Borough Code. 2. Designate the indicated private road easement on the plat as a private road and utility easement. 3. Show the ten (10) foot utility easement created by Plat 83-9 located along the northeast boundary of the subdivision. (At the rear of Lots 6, 7, 8, and along the side of Lot 10.) 4. Place the following note on the final plat: The front yard and side yard setback for Lots 1, 3, 4, 5, 6, 7, 8, and 10, shall be calculated from the edge of the private road easement." 5. The applicant is advised that this property may be under the jurisdiction of the U.S. Army Corps of Engineers. It is recommended that the applicant obtain a wetlands determination for the site from the U.S. Army Corps of Engineers prior for the site inal approval of the subdivision. A narrative drainage p lanmust be submitted to the Kodiak Island Borough Engineering and Facilities Department prior to final approval. 6. The title block shall be modified to read: "Vacation of Lots 6 and 7, U.S. Survey 3100 per plat 83-9, and replat to Lots 1 through 10, Perez Estates Subdivision." 7, Provide a written deed, suitable for recording, tconveyinthe owners perpetual easement for a private road right-of-way of Lots 1, 3, 4, 5, 6, 7, 8, and 9, within the subdivision. The deed shall expressly state that the ea ement a shall Therun easewith mentshall land for d parcels. l be the benefit of the designate adequate to satisfy the right-of-way. nal a written 8 The agreement wncher sequireshall lthe subdivider toude with the iincl include covenant or condition in each deed conveying each lot or parcel in the subdivision. The covenant or condition for hall require the landowner to share in the pay private road a the construction and maintenance of the p standards specified by Title 16 of the Borough Code. 9, The subdivider will provide a written covenant providing for the payment of real property taxes for the right-of-way area as set forth in Section 16.40.070 of the Borough Code prior to final approval of the plat. Section 16.40.070 states in part: No land within a subdivision may be reserved as a common use area to the owners of parcels within the subdivision unless the subdivider the Commission provides a covenant approved by KIBS226681 p & Z Minutes: December 21, 1989 page 15 of 21 r- and the Borough attorney which provides for the perty taxes on the reserved (e.g.g.,, the payment of ccovenant could provide that the adjacent property owners would be assessed a prorated amount of the real property taxes on the parcel to be reserved)." 10. If the subdivider decides to dedicate the private roadway easement for a public road right-of-way (as suggested by the Kodiak Island BorougEngineeerinanand dOFacilire tiie Department), then conditions of approval 11. Provide on the final plat a cul-de-sac or hammerhead turn satisfactory to the Bayside Fire Chief. The AMENDMENT was seconded and CARRIED by majority roll call vote. Commissioner Knudsen voted "no." The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. E) Case 89-066. An appeal of an extended Administrative Decision in accordance with Section 17.68.020B (Appeals from Administrative Decisions) of the Borough Code of a decision ordering the discontinuation of an unlawful use of land (maintaining a junk yard in a Business Zoning District) and removal of all f items classified as junk within ten (10) days. The appellant 1. an extension of time until January 1, 1990, for cleanup of junk, scrap, wire, drums, and salvage auto parts; and 2. a determination by the Commission that the nature of the auto body repair business requires the storage of wrecked cars, owned by customers and with current registration, for period of up to sixty (60) days awaiting insurance determinations c and ordering replacement parts. (To mitigate any p unsightliness of wrecked vehicles stored temporarily for repair, screening will be provided in the form of a fenced containment area at the side of the shop.) Lot 15A, U.S. Survey 3098; 1950 Mill Bay Road. (Thomas Terry and Wayne Sargent) d for DUANE DVORAK indicated 21 public hearing isteexcepton.ailestaff this case and 2 were returned, opposing the recommended upholding the Administrative Decision. Regular Session Closed. Public Hearing Opened: WAYNE SARGENT appeared before the Commission and expressed support for this request. t discussed the proposed conditions of The Commission and Mr. Sargen approval. Public Hearing Closed. KIBS226682 page 16 of 21 p & Z Minutes: December 20, 1969 Regular Session Opened, torage of COMMISSIONER HARTT MOVED TO DETERMIileEawaiting that the insu insurance customer vehicles for up to sixty (60) days, art of the adjustments and parts ordered from outside, is a necessary part to auto body repair business in Kodiak 30 that thesubject storage ghesconditions of take place on Lot 15A, U.S. Survey approval contained in the staff report dated December 12, 1989; and to adopt the findings contained in the staff report dated December 12, 1989 as "Findings of Fact' for this case. CONDITIONS OF APPROVAL 1. All vehicles in storage must have current registration and vehicle licenses. 990, round storage 2 On o bef� pat edMarch andl slatsthe installed to c eat the area at least fifty percent (509/6) sight -obscuring screening. rea will be reviewed annually by staff for two (2) 3, This storage a1990 and 1991) to insure continued years (December compliance with Title 17 of the Borough Code and with the conditions of this determination. FINDINGS OF FACT The storage of customer vehicles awaiting insurance 1' arts on order for periods of up to sixty (60) adjustments and p re air days is consistent with the nature of the auto body P business in Kodiak and is also consistent with Title 17 of the Borough Code. 2. If the fence on Lot 15A is repaired and slats added to the fence to provide at least fifty (50%) sight -obscuring screening, the area will be acceptable for storage of customer vehicles awaiting repair for up to sixty (60 ) days 3, This determination will be reviewed annually by the Borough staff for the next two (2) years (December 1990 and December 1991) to insure compliance with Title 17 of the Borough Code and with the conditions of approval for this determination. The motion was seconded. The Commission discussed the conditions of approval and the findings reviseto condition O of fact. It was the consensus of the numbertwo and finding of fact number two. COMMISSIONER HARTT, approval with the concurrence of the second, ADOPTED T FRIENDLY AMENDMENT. CONDITIONS OF APPROVAL . st have current registration and vehicle 1All vehicles in storage mu licenses. 1�jgS226W p & Z Minutes: December 20, 1989 page 17 of 21 2. On or before March 1, 1990, a minimum six (6) foot high fence, at least seventy-five percent (75%) sight -obscuring, must be installed around the storage area. 3, This storage area will be reviewed annually by staff for two (2) yearsDecember 1990 and 1991) to insure continued compliance with Title 17 of the Borough Code and with the conditions of this determination. FINDINGS OF FACT The storage of customer vehicles awaiting insurance 0 1 arts on order for periods of up to sixty ( ) adjustments and p repair days ay conKo;tent with diak and is also tconsure istent withTitle17 of the business Borough Code. 2. If a minimum six (6) foot high fence, at least seventy-five percent (75%) sight -obscuring, is installed around the storage area on Lot 15A, the area will be acceptable for the storage of customer vehicles awaiting repair for up to sixty (60) days. 3. This determination will be reviewed annually by the Borough staff for the next two (2) years (December 1990 and D Code andember With to insure compliance with Title 17 of the Boroug the conditions of approval for this determination. The question was called and the MAIN MOTION CARRIED by unanimous roll call vote. VII, OLD BUSINESS There was no old business. VIII. NEW BUSINESS Case S-89-041• Request for an exception in accordance with Section A) of the Borough Code to permit the waiver of the 16.1o.05Exceptions) royal by the Kodiak Island Borough. Alaska submission ( plat for approval submission of a p State Cadastral Survey 890212; generally located in Kupreanof Strait. (State of Alaska Department of Natural Resources) OVEh Code to waive the COMMISSIONER1ec Section 16N� 550 ofDthe BorouTo gh dNT an exception m plat for approval by the Kodiak Island Borough Code; accordance submission of a p 890212, and to commonly known as Alaska State Cadastral Survey adopt the finding contained in the staff report dated December 8, 1989 as the Finding of Fact' for Case S-89-041. r FINDING OF FACT approval of a plat In granting an exception to waive the submission for 890212, the proposed in accordance foWfAlaskarState Cadastral fSurvey tle 16 f the Kodiak Island Borough Co Planning and Zoning Commission finds that the Kodiak Island Borough lies with Section 16.10.050 survey submitted substantially comp (Exceptions) of the BoroughKIBS226684 p & Z Minutes: December 20, 1989 Pa°e 18 of 21 The motion was seconded and CARRIED by unanimous voice vote. There was no further new business. IX. COMMUNICATIONS Of COMMISSIONER KNf o DSEN MOVED ACKNOWLEDGE timoonLEDs seconded Tand r— items A through I o CARRIED by unanimous voice vote. A) Kodiak Island Borough Zoning Enforcement Policy second (2nd) draft dated December 1989• Memorandum to the file dated November 22, 1989, from Bob Scholze, B) 3100 - Compliance Schedule. re: Lots 6 and 7, U.S. Survey g. C) Recommendations for Zoning Hearings" from the October 1989 Zonin News. re: D) Letter dated December 1, 1989 to Byron Pierce from Bob Scholze, Lot 8A, Block 1, Southeast Addition - 1214 Father Herman. Letter dated December 6, 1989 to Patty Bielawski, OMB-DGC from Le E) Woodland Acres Subdivision Fourth and Fifty Linda Freed, re: Additions. te from F) Letter dated Decen Mounbta n View 2nd tAdddo - 1rk i855 ThreeoSisters.lze, re: .— Lot 3, Bloc from Letter dated December 15, 1989 to Patty Camp s Af OgMak IDS and. G) Sandy Lake Camp - Duane Dvorak, re: Koncor Big Bob H) Letter dated Dece Block 1b Russell EstatesiSubdivision -m Wheeler 1113 Seli f Scholze, re: Lot 3, Letter dated December 19, 1989 to John Parker from Joel H. Bolger, re: I) 3218 - 3215 Mill Bay Road. Tract D-1, U.S. Survey the COMMISSIONER HEINRICHS complimented Bob Scholze on development of a Kodiak Island Borough Zoning Enforcement Policy. COMMISSIONER HEIN lHVED ToRECOMMENDEnfothatthe orough Assembly adopt the Kodiak island Zoningpolicy second (2nd) draft dated December 1989. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS COMMISSIONER KNUDSENThe moon was To Cseconded ACKNOWLEDGE CARRIED by items A and B of reports. unanimous voice vote. A Community Development Department Status Report. ) KIBS226685 p S Z Minutes: December 20, 1989 Dann 19 of 21 P• XI. XII. B) Community Development Department Plat Activity Report. There were no further reports. MEETING COMMISSIONER KNUDSEN MOVED TO CONTINUE THE BEYOND 11 P.M. The motion was seconded and CARRIED by unanimous voice vote. AUDIENCE COMMENTS SCOTT ARNDT appeared before the Commission. Mr. Arndt and the Commission discussed wetlands issues. MIKE ANDERSON appeared before the Commission. Mr. Anderson and the Commission discussed drainage plans. There were no further audience comments. COMMISSIONERS' COMMENTS CHAIRMAN HENDEL expressed appreciation to Commissioners Heinrichs and Knudsen whose terms expire on December 31, 1989. The Commission also: (1) expressed appreciation to staff for the work involved in developing the Rural Development Zoning District; (2) decided to attend the Assembly packet review worksession prior to appeals from Commission decisions; and (3) noted that the Assembly and Commission had decided to meet quarterly in joint worksession. The Commission discussed findings of fact for Case 87-058. findings of COMMISSIONER KNUDSEN MOVED TO ADOPT the following fact for Case 87-058: FINDINGS OF FACT impractical to The Planning and Zoning Commission finds that it is ima es for the 1' of the seven (7) required off-street parking spaces locate five (5) Block 8, Kodiak office/apartment locaarkinon Lots 6A, developed onLots6A, 6B, and 6C would be Townsite, because parking ublic because of the unsafe and of questionable benefit to the p following: a. the ingress and egress to the parking area is f Uppesafer due to Bay narrow width (9.4 feet) and the steepness of pp Road; ion of the parking lot would be detrimental to the b. construct adjacent properties due to the increased drainage; C. the location of the parking lot makes it unlikely that the public would utilize the parking lot; and d. the topography is such that it would undermine the adjacent lot. KIBS226686 Page 20 of 21 P & Z Minutes: December 20, 1989 r XIII. 2, The relocation of five (5) off-street parking spaces would not be effective in meeting the parking requirement for es on Lots 6A, 6B, us and 60, Block 8, Kodiak Townsite because of the following: h a, the proposed parking is not located within the line of sight of t e uses to be served; b, the proposed parking would not be viable even with adequate identification of the individual spaces and their location; and C. the applicant indicated that the proposed conditions of approval could not be met even before the decision was made by the Commission. The motion was seconded and CARRIED by unanimous voice vote. ADJOURNMENT CHAIRMAN HENDEL adjourned the meeting at 11:15 p.m• KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Robin Hemrtchs, Vice Chairman ATTEST By. Patricia Miley, a retary Community Development Department DATE APPROVED: Janus_ ry_ 1 I�BS�26bg'I Page 21 of 21 p 8 Z Minutes: December 20, 1989