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1989-07-26 Special MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION SPECIAL MEETING - JULY 26, 1989 MINUTES CALL TO ORDER The Special Meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Tom Hendel on July 26, 1989 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Tom Hendel, Chairman Bruce Barrett Wayne Coleman Jon Hartt Robin Heinrichs Jody Hodgins Mary Lou Knudsen A quorum was established. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Department Patricia Miley, Secretary Community Development Department Staff reported the following additions to the agenda: AGENDA DELETIONS IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of June 21, 1989 AGENDA ADDITIONS VII OLD BUSINESS A) Findings of Fact for a request to determine the applicability of a variance (Case 87-062), permitting a twenty-four by twenty-four (24 x 24) foot garage addition to project nine and one -quarter (9.25) feet into the nineteen and three-quarters (19.75) foot front yard setback, to other structural additions to the same dwelling which will project into the required front yard setback to a distance less than the permitted garage. Lots 6 and 7, Block 55, East Addition; 1720 - 1722 Rezanof Drive East. (Richard H. and Kandi Powell/Scott Arndt) (Deferred from the July 19, 1989, regular meeting.) IX COMMUNICATIONS A) Memorandum dated July 21, 1989, to All Borough Departments from Linda L. Freed, re: AutoCad System Priorities and Wetlands/Drainage Mapping Project (with attachments). KIBS226903 Paget of 6 P&Z Minutes: July 26, 1989 B) Memorandum dated July 24, 1989, to Jerome M. Selby from Linda L. Freed, re: Parental Leave. COMMISSIONER HODGINS MOVED TO ACCEPT the agenda with the additions and deletions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. P - IV. MINUTES OF PREVIOUS MEETING There were no minutes of previous meetings (June 21 and July 19, 1989). V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 89-042. Request for a variance from Section 17.57.020 (Off -Street Parking --Number of Spaces Required) of the Borough Code to permit the construction of a two thousand four hundred (2,400) square foot second story office and apartment addition to an existing business building which cannot provide the required seven (7) off-street parking spaces in a B--Business Zoning District; and a Request for a conditional use permit in accordance with Section 17.21.030D (Conditional Uses) of the Borough Code to permit the construction of a single-family dwelling (apartment) within a proposed second story addition to an existing business building. The single-family dwelling (apartment) will not exceed fifty (50) percent of the area of the structure in a B--Business Zoning District. Lots 4 and 5, Block 6, New Kodiak Subdivision; 410 Marine Way. (Ball Associates/Louise Ball Cusson) LINDA FREED indicated 26 public hearing notices were mailed and 1 was returned, opposing this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. A discussion ensued among the Commissioners, with input from Community Development Department staff, regarding the Urban Renewal (UR-19) plan and its affect on parking in the downtown business district. COMMISSIONER HEINRICHS MOVED TO GRANT a variance from Section 17.57.020 of the Borough Code to permit the construction of a two thousand four hundred (2,400) square foot second story office and apartment addition to an existing business building which cannot provide the required seven (7) off-street parking spaces in a B-- Business Zoning District on Lots 4 and 5, Block 6, New Kodiak Subdivision; and to adopt the findings contained in the staff report dated KIBS226904 Page 2 of 6 P&Z Minutes: July 26, 1989 July 19, 1989 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO GRANT a conditional use permit in accordance with Section 17.21.030D of the Borough Code to permit the construction of a single-family dwelling (apartment) within a proposed second story addition to an existing business building. The ,. single-family dwelling (apartment) will not exceed fifty (50) percent of the area of the structure in a B--Business Zoning District on Lots 4 and 5, Block 6, New Kodiak Subdivision, and to adopt the findings contained in the staff report dated July 19, 1989 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT - PARKING VARIANCE 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development which generally do not apply to other properties in the same land use district. The unique physical circumstance applicable to the property and intended use of development is the nearly complete lot coverage of the existing structure in which the proposed development is to be located. This precludes the provision of any additional off- street parking on the same lot or on adjacent lots. This condition is applicable to the entire downtown area bounded by Rezanof Drive, Center Street, Marine Way and Mission Road. This area �- is defined as the "central commercial" area in the land use plan for the downtown Urban Renewal Project UR-19. Among other regulations, the urban renewal plan specified that "buildings shall occupy 100% of the area" and the "parking will be provided in public parking lots conveniently located to all development parcels. No public parking shall be used on a reserved or continual basis by or for the benefit of anyone or any use." This clearly presents a physical circumstance precluding provision of off-street parking. A variance is therefore justified. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the Zoning Ordinance would not allow any additions or expansions to many existing structures in downtown Kodiak that are contained in the UR-19 central commercial area. Any change in use that increases the permitted occupancy would also be prohibited. This is clearly an unnecessary hardship and presents practical difficulties if the viability of the central business district is to be maintained and businesses are able to grow and/or adjust to changing market conditions. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health safety and welfare. Granting of the variance will not result in material damage or prejudice to other properties in the area and will not be detrimental to the public's health, safety, or welfare. There are physical conditions that justify a variance and public off-street KIBS226905 Page 3 of 6 P&Z Minutes: July 26, 1989 parking is provided in the mall parking lots for the use characteristics of the structure. The Urban Renewal Plan designates these public parking lots as the required off-street parking for the central commercial area. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the Comprehensive Plan which identifies this area as central business district. Comprehensive plans, generally do not address specific development standards such as off-street parking. Historically, however, central business districts have extensive lot coverage with little off-street parking. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this case, actions of the applicant have not caused the conditions from which relief is being sought by variance. The existing building was constructed in compliance with the Urban Renewal Plan, which precluded provision of additional off-street parking. Further, the variance will be decided prior to the development of the new business/residence addition. 6. That the granting of the variance will not permit a prohibited land -- use in the district involved. An office building is a permitted land use in the B--Business Zoning District. Single-family dwellings less than one half (50%) of the floor area and located within a business building are permitted in the B--Business Zoning District when a conditional use permit has been granted by the Planning and Zoning Commission. FINDINGS OF FACT - CONDITIONAL USE PERMIT 1. That the conditional use will preserve the value, spirit, character, and integrity of the surrounding area. It appears that the proposed use meets all of the standards for a single-family residence within a commercial structure. The residence will occupy seven hundred forty-six (746) square feet of the two thousand four hundred square feet to be created by the second story addition. This accounts for less than fifty (50) percent of the area of the addition and is only about sixteen percent of the total proposed floor area of the total 4,800 square feet. A residence of this size should not detract from the business use of this and surrounding properties. The value, spirit, character, and integrity of the surrounding area will be maintained. KIBS226906 Page 4 of 6 P&Z Minutes: July 26, 1989 2. That the conditional use fulfills the other requirements of this chapter pertaining to the conditional use in question. The proposed use fulfills all other requirements of Chapter 17.21. (Business District) if the variance for off-street parking is approved prior to granting of this conditional use permit. 3. That granting the conditional use permit will not be harmful to the public health safety, convenience, and comfort. The proposed use will not significantly increase traffic in the area. The proposed use will not be harmful to the public health, safety, convenience, or comfort if all building, fire, and plumbing codes are met in the process of building a second story business and residential addition. Locating the apartment at the rear of the building will minimize exposure to potential tsunami run-up. 4. That sufficient setbacks lot area buffers, or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. Setbacks and minimum lot area are not applicable in the B-- Business Zoning District. As noted in the Kodiak Island Borough Coastal Management Applicable Policies, the existing structure is located in a long established business area where buffers have not been required and are not applicable. Other safeguards which are required by Borough Code will be maintained, where applicable through the zoning compliance and building permit processes. Al. OLD BUSINESS A) Findings of Fact for a request to determine the applicability of a variance (Case 87-062), permitting a twenty-four by twenty-four (24 x 24) foot garage addition to project nine and one -quarter (9.25) feet into the nineteen and three-quarters (19.75) foot front yard setback, to other structural additions to the same dwelling which will project into the required front yard setback to a distance less than the permitted garage. Lots 6 and 7, Block 55, East Addition; 1720 - 1722 Rezanof Drive East. (Richard H. and Kandi Powell/Scott Arndt) COMMISSIONER KNUDSEN MOVED TO ADOPT the findings contained in the memorandum dated July 24, 1989 as "Findings of Fact" for the Commission's determination (Item V-A, on the July 19, 1989 regular meeting agenda) that a variance (Case 87-062), permitting a twenty-four by twenty-four (24 x 24) foot garage addition to project nine and one -quarter (9.25) feet into the nineteen and three-quarters (19.75) foot front yard setback, is applicable to other structural additions to the same dwelling which will project into the required front yard setback to a distance less than the permitted garage on Lots 6 and 7, Block 55, East Addition. The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. VIII. NEW BUSINESS There was no new business. KIBS226807 Page 5 of 6 P&Z Minutes: July 26, 1989 IX. COMMUNICATIONS COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of items A through B of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Memorandum dated July 21, 1989, to All Borough Departments from Linda L. Freed, re: AutoCad System Priorities and Wetlands/Drainage Mapping Project (with attachments). B) Memorandum dated July 24, 1989, to Jerome M. Selby from Linda L. Freed, re: Parental Leave. There were no further communications. X. REPORTS There were no reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIRMAN HENDEL adjourned the meeting at 8:00 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: Patricia Miley(, ecretary Community i elopment Department DATE APPROVED: August 16, 1989 By: Tom Hendel, Chairman KIBS226909 Page 6 of 6 P&Z Minutes: July 26, 1989