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1990-04-18 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - APRIL 18, 1990 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:31 p.m. by Chairperson Robin Heinrichs on April 18, 1990 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Robin Heinrichs, Chairperson Duane Dvorak, Acting Director Jon Aspgren Community Development Department Bruce Barrett Patricia Miley, Secretary Wayne Coleman Community Development Department Jon Hartt Tom Hendel Jody Hodgins A quorum was established. III. APPROVAL OF AGENDA Staff reported the following additions to the agenda: VIII NEW BUSINESS A) Kodiak Island Borough Planning and Zoning Commission Resolution 90-02-R. A resolution of the Kodiak Island Borough Planning and Zoning Commission recommending full funding of the needed repairs to State roads and highways within the City of Kodiak and the Kodiak Island Borough. COMMISSIONER HODGINS MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HEINRICHS noted that on the seventh page of the draft minutes, the third paragraph under Public Hearings D, Case 90-010, needed to be moved to Case 90-011. COMMISSIONER HENDEL MOVED TO ACCEPT the minutes of the March 21, 1990 Planning and Zoning Commission regular meeting as corrected. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. '1BS2,jj()46 Page 1 of 27 P & Z Minutes: April 18, 1990 VI. PUBLIC HEARINGS A) Case 90-014. Request for an exception from Sections 17.17.020 (Permitted Uses) and 17.60.030 (Signs) of the Borough Code to permit a two by six (2 x 6) foot sign identifying a home occupation on another property to be located on an otherwise vacant lot in the RR1--Rural .— Residential One Zoning District. Lot 1, Russian Creek Alaska Subdivision; 12044 Russian Creek Road. (David Jack King; Elana White) DUANE DVORAK indicated 44 public hearing notices were mailed and 2 were returned, 1 opposing this request and 1 stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: ELANA WHITE appeared before the Commission and expressed support for this request. The Commission and Ms. White discussed the request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT an exception from Sections 17.17.020 and 17.60.030 of the Borough Code to permit a two by six (2 x 6) foot sign identifying a home occupation on another property to be located on an otherwise vacant lot in the RR1--Rural Residential One Zoning District on Lot 1, Russian Creek Alaska Subdivision; subject to the conditions of approval contained in the staff report dated April 6, 1990; and to adopt the findings contained in the staff report dated April 6, 1990 as "Findings of Fact' for this case. CONDITIONS OF APPROVAL 1. The sign shall not be allowed to fall into a state of disrepair. 2. Should the property owner wish to place another sign on the property, this sign must be removed, or a variance obtained to permit the additional sign. (This would not preclude the placement of a real estate sign should the property be put up for sale in the future.) 3. The sign must be placed a minimum of ten (10) feet back from �— the front lot line of Lot 1, Russian Creek Alaska Subdivision. 4. The sign must only be used for the advertising of the home occupation located on Lot 25A-2, Russian Creek Alaska Subdivision. Should the home occupation on Lot 25A-2 cease to exist, the sign shall be removed and the exception will expire. 5. The applicant must provide the Community Development Department with a statement from the property owner of record specifically permitting the placement of the sign on the property KIBS227047 Page 2 of 27 P & Z Minutes: April 18, 1990 and stating any other conditions placed on this sign by the property owner prior to the issuance of zoning compliance. FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. Placement of a two by six (2 x 6) foot sign on this vacant lot near the road right-of-way will not endanger the public's health, safety, or general welfare. This is not to say that the sign could not be a distraction to passing motorists depending on how the sign is situated and what type of message is displayed on it. This could be adequately addressed by appropriate conditions of approval. The overall size of the sign is appropriate for the conditions of the area considering the prevailing large lot sizes and the type of vegetation present. B. This request is consistent with the general purposes and intent of Title 17 (Zoning). The Code does permit small signs [not to exceed four (4) square feet in area] for the purpose of advertising home occupations. These signs are only permitted to be hung flat on the face of the structure where the home occupation is located, or at least ten (10) feet back from the property line. In Russian Creek Subdivision, the signs permitted by the Code may not be adequate to support a home occupation because of the prevailing large lot size, winding roads, vegetation, and the location of most houses well back from the front lot line. C. The granting of this exception will not adversely affect other properties or uses in the neighborhood. The borough does not have any codes that regulate aesthetics. Therefore, there is no standard to use in the determination of the possible affects of the sign. Appropriate conditions of approval should be included with the approval of this exception to insure the sign does not become a nuisance to the community. As long as the sign is properly maintained and limited to advertising the home occupation, the sign will not adversely affect the surrounding properties. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 90-015. Request for an exception from Section 17.60.030 (Signs) of the Borough Code to permit a two by six (2 x 6) foot sign to be located in the Borough right-of-way to identify a home occupation on an adjacent lot in the RR1--Rural Residential One Zoning District. Lot 25A-2, Russian Creek Alaska Subdivision; 970 Panamaroff Creek Drive (Elana White) KIBS227048 Page 3 of 27 P & Z Minutes: April 18, 1990 DUANE DVORAK indicated 18 public hearing notices were mailed for this case and 2 were returned, stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: ELANA WHITE appeared before the Commission and expressed support for this request. The Commission and Ms. White, with input from Community Development Department staff, discussed the request. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT an exception from Section 17.60.030 of the Borough Code to permit a two by six (2 x 6) foot sign to be located in the Borough right-of-way to identify a home occupation on an adjacent lot in the RR1--Rural Residential One Zoning District on Lot 25A-2, Russian Creek Alaska Subdivision; subject to the conditions of approval contained in the staff report dated April 6, 1990; and to adopt the findings contained in the staff report dated April 6, 1990 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Written approval from the Kodiak Island Borough Resource Management Officer must be obtained prior to issuance of zoning compliance for the placement of the sign in the Borough right-of-way. 2. The sign must be constructed of wood and properly maintained (as determined by the Kodiak Island Borough Resource Management Officer) at the applicant's sole expense. 3. The applicant will assume any and all liability associated with said sign in the Borough right-of-way. 4. If at a future date the Borough determines that the sign must be removed from the Borough right-of-way, the applicant or any subsequent owner of Lot 25A-2, Russian Creek Alaska Subdivision agrees to remove same without cost to the Borough. 5. Since the land is publicly owned, no prescriptive right accrues to the user. FINDINGS OF FACT That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. Placement of a two by six (2 x 6) foot sign in the Borough right-of-way will not endanger the public's health, safety or yjBS227049 Page 4 of 27 P 8 Z Minutes: April 18, 1990 general welfare. The proposed location of the sign will not affect the sight distance along Panamaroff Creek Drive. This is not to say that the sign could not be a distraction to passing motorists, depending on how the sign is situated and what type of message is displayed on it. This could be adequately addressed by appropriate conditions of approval. The overall size of the sign is appropriate for the conditions of the area considering the prevailing large lot sizes, the setback of residential structures, and the type of vegetation present. B. This request is consistent with the general purposes and intent of Title 17 (Zoning). The Code does permit small signs [not to exceed four (4) square feet in area] for the purpose of advertising home occupations. These signs are only permitted to be placed flat on the face of the structure where the home occupation is located or at least ten (10) feet back from the front lot line. In Russian Creek Subdivision, however, the signs permitted by the Code are not adequate to support a home occupation because of the prevailing large lot size, winding roads, vegetation, and the location of most houses well back from the front lot line. C. The granting of this exception will not adversely affect other properties or uses in the neighborhood. The borough does not have any codes that regulate aesthetics. Therefore, there is no standard to use in the determination of the possible affects of the sign. Appropriate conditions of approval should be included with the approval of this exception to insure the sign does not become a nuisance to the community. As long as the sign is properly maintained and limited only to advertising the home occupation on Lot 25A-2, the sign will not adversely affect the surrounding properties. The motion was seconded. The Commission discussed the conditions of approval with Community Development Department staff. Duane Dvorak noted that the Resource Management Officer and the Borough Attorney were developing a standard legal document to enter into with all users of Borough property. The question was called and the motion CARRIED by majority roll call vote. Commissioner Hartt voted "no." C) Case 90-016. Request for a variance from Section 17.57.020A.2.d (Parking Requirements) of the Borough Code to permit maximum occupancy of a banquet/conference room which requires an additional eight (8) off-street parking spaces that cannot be located on a lot in the B--Business Zoning District. Lots 3, 4, 11A, 13, and 14, Block 19, Kodiak Townsite; 218 and 228 through 302 Rezanof Drive West. (Westmark Hotels; Uganik, Inc.) DUANE DVORAK indicated 68 public hearing notices were mailed for this case and 4 were returned, 1 opposing this request and 3 stating KIBS227050 Page 5 of 27 P & Z Minutes: April 18, 1990 non -objection to this request. Staff noted that a supplemental staff report with 2 maps attached was distributed prior to the meeting and that staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: PAM FORMAN, representing Westmark Hotel, appeared before the Commission and expressed support for this request. The Commission and Ms. Forman discussed the definition of the off- street parking spaces by the end of the month and restricted parking signage. WAYNE STEVENS, downtown business owner, appeared before the Commission and expressed support for this request. The Commission and Mr. Stevens discussed off-street parking downtown. It was noted that the Commission normally took a "hard line" with parking variances in the downtown core area. Mr. Stevens stated that as a downtown business owner he did not foresee that this off-street parking variance would have a significant or negative impact on parking in the downtown area. Mr. Stevens also noted that the Public Safety Advisory Board was preparing recommendations for off- street parking in the downtown area and that Kodiak needed enhanced visitor/banquet facilities. BOB SHLITTLESWORTH, President of the Chamber of Commerce, appeared before the Commission and expressed support for this request. The Commission and Mr. Shuttlesworth discussed off-street parking downtown. Mr. Shuttlesworth noted that the Chamber's Business and Industry Council was preparing recommendations for off-street parking in the downtown area. DICK WADDELL, adjacent property owner, appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT a variance from Section 17.57.020A.2.d of the Borough Code to permit maximum occupancy of a banquet/conference room which requires an additional eight (8) off-street parking spaces that cannot be located on a lot in the B--Business Zoning District; Lots 3, 4, 11A, 13, and 14, Block 19, Kodiak Townsite; and to adopt the findings contained in the staff report dated April 17, 1990, as "Findings of Fact" for this case. �BS22�p51 Page 6 of 27 P & Z Minutes: April 18, 1990 FINDINGS OF FACT 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 exceptional physical circumstances or conditions applicable to the property or intended use of development is the nature of this area of Kodiak. This is one of the older areas of Kodiak where lots sizes are generally inconsistent with the current zoning codes. In addition, it has been hard for the hotel to acquire and consolidate the property that has currently been developed. This area is near the downtown UR-19 redevelopment plan area. Therefore, like most other downtown businesses, it is to some extent reliant upon the parking that is available on public property, City parking lots, State road right-of-way, etc. If variances are not allowed for business uses in the downtown area, the overall viability of the downtown area could be adversely affected. Besides, the Commission has permitted many business expansions in and around the Central Business District which have increased the demand for parking in the downtown area. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in practical difficulties or unnecessary hardships. This would require the hotel to acquire additional property for development of adequate off-street parking. According to hotel personnel, they have not been successful in past attempts to acquire adjoining business lands currently being used for commercial and residential land uses. 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 damages or prejudice to other properties in the vicinity. The parking pattern for existing business and residential structures in this area is heavily reliant upon the available rights -of -way and parking lots that have already been developed. Staff has determined that a certain amount of the parking developed for the hotel in its satellite parking lot is occasionally used by the surrounding residential property occupants. Any additional off-street parking spaces created in this area, such as the ones proposed by the applicant in their current project, will provide a major benefit in alleviating the day-to-day parking needs of this area. The use of the banquet/conference room is expected to be primarily by guests of the hotel. Use of the facility by local residents will undoubtedly have to be planned with prior knowledge of the parking situation in this area. It is doubtful that the conference room would be used both day and night on any KIBS227052 Page 7 of 27 P & Z Minutes: April 18, 1990 given day so that the additional parking created as a result of the ongoing remodel would provide a net benefit to the area in the long run even if it is not sufficient to handle the maximum occupancy of the banquet/conference room. 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 souaht by the variance. In this case, actions of the applicant have not caused the conditions from which relief is being sought by variance. The variance will be decided prior to full occupancy of the banquet/conference room. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Hotels and the supporting facilities are permitted uses in the B-- Business Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. D) Case 90-017. Request for a conditional use permit in accordance with Section 17.21.030D (Conditional Uses) of the Borough Code to allow the construction of a dwelling unit above a proposed commercial structure which will not exceed fifty percent (50%) of the area of the overall structure on a lot in the B--Business Zoning District. Lots 54 and 55, Block 12, Aleutian Homes Subdivision; 915 and 917 Mill Bay Road. (Sallie Rodeheaver) DUANE DVORAK indicated 40 public hearing notices were mailed and none were returned. Staff provided the Commission with a revised staff report with amended findings of fact prior to the meeting and staff recommended approval of this request. COMMISSIONER HARTT requested a determination of 'conflict of interest," stating that he would be erecting the building if the conditional use permit was granted by the Commission. CHAIRPERSON HEINRICHS ruled that COMMISSIONER HARTT did have a conflict of interest and COMMISSIONER HARTT stepped down. CHAIRPERSON HEINRICHS passed the gavel to COMMISSIONER HENDEL and requested a determination of 'conflict of interest," stating that he was drawing the building plans. CHAIRPERSON HENDEL ruled that COMMISSIONER HEINRICHS did not have a conflict of KIBS227053 Page 8 of 27 P & Z Minutes: April 18, 1990 interest, but in order to refrain from the appearance of a conflict of interest COMMISSIONER HEINRICHS stepped down. COMMISSIONER BARRETT asked if anyone else was associated with the project. COMMISSIONER ASPGREN noted that he was not in anyway connected with the project. CHAIRPERSON HENDEL ruled that COMMISSIONER ASPGREN had no conflict of interest. Regular Session Closed. Public Hearing Opened: SALLIE RODEHEAVER appeared before the Commission and expressed support for this request. The Commission and Ms. Rodeheaver discussed the request. It was noted that the applicant would be demolishing the garage on the property and the vacant lot would be used for the off-street parking requirements. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT a conditional use permit in accordance with Section 17.21.030D of the Borough Code to allow the construction of a dwelling unit above a proposed commercial structure which will not exceed fifty percent (50%) of the area of the overall structure on a lot in the B--Business Zoning District on Lots 54 -- and 55, Block 12, Aleutian Homes Subdivision; and to adopt the findings contained in the staff report dated April 16, 1990 as "Findings of Fact" for this case. FINDINGS OF FACT 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 the standards for a single-family residence within a commercial structure. The residence will occupy the same amount of floor space upstairs as the commercial portion of the structure will occupy downstairs. 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. 2. That the conditional use fulfills all 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). The applicant developed a preliminary parking plan when the application for this conditional use permit was filed. It appeared from the preliminary parking and site plan that there is adequate room on the lot for the required off-street parking for the combined business and residential uses. KIBS227054 Page 9 of 27 P & Z Minutes: April 18, 1990 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use will marginally increase traffic in the area, but not to an extent that will result in adverse impacts. 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 constructing a second floor residence and all performance standards for the Business District, Section 17.21.050, concerning groundcover, lighting, and screening are complied with. 4. The sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. Sufficient area was determined to be available when the applicant submitted the application for the conditional use permit for the second floor dwelling unit. Provision of any items not currently provided onsite will be insured through the zoning compliance process. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONERS HARTT and HEINRICHS returned to the Commission. E) Case 90-018. Request forthe rezoning of Lots 1A through 23, Block 1, and Lots 1A through 21, Block 2, Monashka Bay Alaska Subdivision from RR1--Rural Residential One to RR --Rural Residential in accordance with Section 17.72 (Amendments and Changes) of the Borough Code. 2623 through 3669 Monashka Bay Road, 2823 through 3466 Bay View Drive, and 1552 through 1902 Monashka Circle. (Tom Hendel) COMMISSIONER HENDEL requested to be excused as he was the applicant in this case. CHAIRPERSON HEINRICHS ruled that COMMISSIONER HENDEL had a conflict of interest and COMMISSIONER HENDEL stepped down. DUANE DVORAK indicated 107 public hearing notices were mailed for this case and 6 were returned, 1 recommending postponement of this case for further public hearings and investigation, 2 in favor of this request, and 3 opposing this request. Staff recommended postponing this request for another public hearing at the May regular meeting. Regular Session Closed. Public Hearing Opened: TOM HENDEL, applicant and owner of Lot 13, Block 1, Monashka Bay Alaska Subdivision, appeared before the Commission, read his April 9, 1990 letter into the record, and explained the history of the Rural Residential Zoning District and what the effect would be on the proposed rezone area. JOHN EUFEMIO appeared before the Commission and expressed opposition to this request. KIBS227055 Page 10 of 27 P & Z Minutes: April 18, 1990 ED COE, owner of Lot 20, Block 1, Monashka Bay Alaska Subdivision, appeared before the Commission and expressed opposition to this request. JENNIFER BLOOMFIELD, owner of Lot 18, Block 2, Monashka Bay Alaska Subdivision, appeared before the Commission and expressed opposition to this request. DAVE HERRNSTEEN, owner of Lot 13, Block 2, Monashka Bay Alaska Subdivision, appeared before the Commission and expressed opposition to this request. Mr. Herrnsteen stated that what this area needed was a Rural Residential Zoning District that disallowed fireworks stands, allowed commercial fishing gear storage when an owner -occupied dwelling was present, and allowed accessory buildings to cover a maximum of five percent (5%) of the lot. RICK HOLZSHU, owner of Lot 18B, Block 1, Monashka Bay Alaska Subdivision, appeared before the Commission and expressed support for this request. JOE BLACK, owner of Lot 17A, Block 1, Monashka Bay Alaska Subdivision, appeared before the Commission and expressed opposition to this request. PAUL FINZER appeared before the Commission and stated that he was not a resident in the proposed rezone area and not a lot of private property was available in Kodiak. RANDY CHASE, owner of Lot 9A, Block 2, and representing RON CHASE, owner of Lot 8A1, Block 2, Monashka Bay Alaska Subdivision, appeared before the Commission and expressed opposition to this request. MARCIA OSWALT, owner of Lot 22A, Block 1, and Lot 10A, Block 2, Monashka Bay Alaska Subdivision, appeared before the Commission and expressed opposition to this request. MIKE HANSEN, owner of Lot 20, Block 2, Monashka Bay Alaska Subdivision, appeared before the Commission and expressed opposition to this request. STEPHANIE DOCHTERMAN, owner of Lot 7, Block 2, Mountain View First Addition, appeared before the Commission and expressed opposition to this request. TOM HENDEL reappeared before the Commission and stated that what he was trying to do by bringing this application forward was to generate public testimony regarding the future of Blocks 1 and 2, Monashka Bay Alaska Subdivision. Public Hearing Closed. Regular Session Opened. KIBS227056 Page 11 of 27 P & Z Minutes: April 18, 1990 COMMISSIONER HODGINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lots 1A through 23A, Block 1, and Lots 1A through 21, Block 2, Monashka Bay Alaska Subdivision from RR1--Rural Residential One to RR --Rural Residential in accordance with Section 17.72.030B of the Borough Code and to adopt the findings of fact contained in the staff report dated April 8, 1990, as "Findings of Fact' for this case. The motion was seconded and FAILED by unanimous roll call vote. The Commission deferred adoption of findings of fact in support of their decision until the end of the meeting. COMMISSIONER HENDEL returned to the Commission. CHAIRPERSON HEINRICHS recessed the meeting at 9:10 p.m. CHAIRPERSON HEINRICHS reconvened the meeting at 9:20 p.m. F) Case 90-019. Request for a variance from Section 17.18.050 (Building Construction) of the Borough Code to permit the construction: (a) of a twenty-four by six (24 x 6) foot addition which will project six (6) feet into the required ten (10) foot rear yard setback; and (b) a twelve by eighteen (12 x 18) foot garage addition which will project six (6) feet into the rear yard setback and three and one -quarter (3.25) feet into the required ten (10) foot side yard setback of an existing single-family dwelling located on a corner lot in the R1--Single-family Residential Zoning District. Lot 13, Block 47, East Addition; 1423 Baranof. (Hans Tschersich) DUANE DVORAK indicated 47 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT a variance from Section 17.18.050 of the Borough Code to permit the construction of (a) a twenty-four by six (24 x 6) foot addition which will project six (6) feet into the required ten (10) foot rear yard setback; and (b) a twelve by eighteen (12 x 18) foot garage addition which will project six (6) feet into the rear yard setback and three and one -quarter (3.25) feet into the required ten (10) foot side yard setback of an existing single-family dwelling located on a corner lot in the R1--Single-family Residential Zoning District on Lot 13, Block 47, East Addition; and to adopt the findings contained in the staff report dated April 8, 1990, as "Findings of Fact' for this case. KIBS227057 Page 12 of 27 P & Z Minutes: April 18, 1990 FINDINGS OF FACT 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 exceptional conditions applicable to the intended use of this lot are related to the use of the existing single-family residence. The existing structure was not constructed with any substantial storage space for which to store equipment and vehicles that are reasonable and subsidiary to the use of the property for residential purposes. Outdoor storage, even if it was desirable to the applicant, is not a viable option in the R1--Single-family Residential Zoning District. In addition, due to the location of the existing structure on a corner lot, there is no suitable access along the interior side lot line to locate these storage structures. In addition, the lot is further impacted by the side yard setback due to its location as a corner lot requiring a ten (10) foot side yard setback on the street side lot line. It is interesting to note that if the accessory buildings were not proposed as additions but rather as detached structures, only a variance for one (1) foot into the rear yard setback would be required by the Borough Code [Section 17.51.050 (Area)]. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. r— Strict application of the Borough Code would not permit an addition to an existing single-family residential structure that would encroach into the rear or side yard setbacks. This would result in a practical difficulty and unnecessary hardship for the property owner as they may not use the property for outdoor storage. In addition, the lot is a corner lot where the house has already been developed and there is not sufficient room or access elsewhere on the lot. 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 this variance will not result in material damage or prejudice to other properties in the area. Allowing the garage and storage addition to encroach into the rear and side yard setbacks will not interfere with safe traffic flow (i.e., sight distances) or access to or from the property. Also, other properties in the area have been granted similar setback variances under similar circumstances. 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 for public and open space. This comprehensive plan designation is out-of-date because the area is a long established residential neighborhood and it is extremely unlikely that the City or Borough would seek acquisition of the area for public uses or open space. In KIBS227058 Page 13 of 27 P & Z Minutes: April 18, 1990 addition, comprehensive plans do not address minor developments such as additions to existing dwellings where population density and traffic flow remains unchanged. 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 instance, the actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance will be decided prior to the construction of the proposed garage and storage additions. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Accessory additions to single-family dwellings are permitted in the R1--Single-family Residential Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. G) Case 90-020. Request for a variance from Section 17.17.040A (Area Requirements) of the Borough Code to permit a subdivision creating six (6) lots which will not meet the twenty thousand (20,000) square foot minimum lot size of the RR1--Rural Residential One Zoning District. An Unsubdivided Portion of U.S. Survey 1396; generally located on the north side of Selief Lane between Mylark Lane and Lynden Way. (L.L. Russell) DUANE DVORAK indicated 34 public hearing notices were mailed and 1 was returned, in favor of this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT a variance from Section 17.17.040A of the Borough Code to permit a subdivision creating six (6) lots which will not meet the twenty thousand (20,000) square foot minimum lot size of the RR1--Rural Residential One Zoning District on an Unsubdivided Portion of U.S. Survey 1396; and to adopt the findings contained in the staff report dated April 8, 1990, as "Findings of Fact" for this case. FINDINGS OF FACT 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 circumstances applicable to this request are the uncharacteristically small size of the surrounding lots in Block KIBS227059 Page 14 of 27 P & Z Minutes: April 18, 1990 1, Elderberry Heights and Block 6, Elderberry Heights Third Addition. This unsubdivided parcel is located between these two existing residential subdivisions. All of the lots in these subdivisions, with the exception of two, are less than the required lot area of 20,000 square feet. To subdivide this unsubdivided parcel into 20,000 square foot lots would leave only three or four large lots in the middle of the other lots which would not be consistent with the lot sizes of the surrounding residential area. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of the 20,000 square foot lot area requirement would not allow this subdivision to take place. This is an unnecessary hardship because of the unique physical circumstances of the small lot sizes of the adjoining lots which justifies a variance. 3. The grantinq 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 damages to other properties in the area and will not be detrimental to the public health, safety or welfare. Many of the existing lots in this subdivision are smaller than the 20,000 square foot minimum lot size. This has not caused any problems that have been documented by the Community Development Department. In addition, the proposed lots are the average width for all the lots located in Block 1, Elderberry Heights Subdivision (85 feet). 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be any more contrary to the objectives of the comprehensive plan which identifies this area for Public and Open Space than is the existing development located at either end of the proposed subdivision. In addition, the subdivision will be much more consistent with the plan than the lots platted across Selief Lane which were also designated for Public and Open Space. 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 instance, actions of the applicant have not caused the conditions from which relief is being sought by variance. This variance request will be decided prior to any action taken on the pending request for preliminary approval of the subdivision of the land subject to the variance. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Residential uses are permitted in this district. KIBS227060 Page 15 of 27 P & Z Minutes: April 18, 1990 r- The motion was seconded. The Commission, with input from Community Development Department staff, discussed the wetlands - drainage status of this area. The question was called and the motion CARRIED by unanimous roll call vote. H) Case S-90-013. A request for preliminary approval of the creation of a utility easement from Monashka Bay Road to Monashka Creek Reservoir Pumphouse within protracted Section 13, Township 27 South, Range 20 West, Seward Meridian. (Kodiak Island Borough; Kodiak Electric Association) COMMISSIONER HENDEL requested a determination of 'conflict of interest," noting that he now served on the Board of Directors of Kodiak Electric Association. CHAIRPERSON HEINRICHS ruled COMMISSIONER HENDEL had no perceived conflict of interest. DUANE DVORAK indicated 8 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Staff recounted the history of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT preliminary approval of the creation of a utility easement from Monashka Bay Road to Monashka Creek Reservoir Pumphouse within protracted Section 13, Township 27 South, Range 20 West, Seward Meridian, and to adopt the findings contained in the staff report dated April 10, 1990, as "Findings of Fact" for this case. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the 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. The motion was seconded and CARRIED by unanimous roll call vote. 1) Case S-90-014. A request for preliminary approval of the subdivision of Lot 4A, Block 1, Miller Point Alaska Subdivision First Addition, and replat to Lots 4A-1, 4A-2, 4A-3, and 4A-4, Block 1, Miller Point Alaska Subdivision First Addition. 3231 Balika Lane (Jerrol Friend) KIBS227061 Page 16 of 27 P & Z Minutes: April 18, 1990 DUANE DVORAK indicated 63 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: JERROL FRIEND appeared before the Commission and expressed support for this request. The Commission and Mr. Friend discussed the proposed conditions of approval. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT preliminary approval of the subdivision of Lot 4A, Block 1, Miller Point Alaska Subdivision First Addition, and replat to Lots 4A-1, 4A-2, 4A-3, and 4A-4, Block 1, Miller Point Alaska Subdivision First Addition; subject to the conditions of approval contained in the staff report dated April 10, 1990, amending condition of approval number one to read, "A narrative drainage plan ..." and to adopt the findings contained in the staff report dated April 10, 1990, as "Findings of Fact' for this case. CONDITIONS OF APPROVAL 1. A narrative drainage plan must be submitted to and approved by the Kodiak Island Borough Engineering and Facilities Department prior to approval of the final plat. 2. A letter of approval from the Alaska Department of Environmental Conservation must be submitted to the Community Development Department prior to recording the final plat. 3. The final plat must either note specifically which lots are to benefit from the access and utility easement indicated on the flag stems of Lots 4A-2 and 4A-3 or the access and utility easement must be platted as a private road. 4. Either provide new service connections for Lots 4A-4, 5A, and 5C prior to final approval of the plat or obtain all necessary waivers from the Kodiak Island Borough Engineering and Facilities Department. 5. The plat number of record must be shown on the final plat. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. KIBS227062 Page 17 of 27 P & Z Minutes: April 18, 1990 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. The motion was seconded and CARRIED by unanimous roll call vote. J) Case S-90-015. A request for preliminary approval of the subdivision of a Portion of U.S. Survey 3879 and replat to Tracts D and E, U.S. Survey 3879. Generally located at Uganik Bay. (Ilva M. Fox and Dianne L. Herman) DUANE DVORAK indicated 13 public hearing notices were mailed and 1 was returned, in favor of this request. Staff provided the Commission with a supplemental staff report prior to the beginning of the meeting which recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT preliminary approval of the subdivision of a Portion of U.S. Survey 3879 and replat to Tracts D and E, U.S. Survey 3879; subject to the conditions of approval contained in the staff report dated April 18, 1990; and to adopt the findings contained in the staff report dated April 18, 1990, as "Findings of Fact' for this case. CONDITIONS OF APPROVAL The applicant must submit a letter of approval from the Alaska Department of Environmental Conservation to the Kodiak Island Borough Community Development Department prior to filing the final plat. 2. The plat note shall be changed to indicate the trail easement as ten (10) feet in width instead of the indicated twenty-five (25) feet. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the 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. The motion was seconded and CARRIED by unanimous roll call vote. KIBS221063 Page 18 of 27 P & Z Minutes: April 18, 1990 K) Case S-90-016. A request for preliminary approval of the subdivision of Lot 5, Block 3, Woodland Acres Subdivision Second Addition and replat to Lots 5A and 5B, Block 3, Woodland Acres Subdivision Second Addition. 4030 Woodland Drive (Jeff and Jennifer Spencer) COMMISSIONER BARRETT declared that he had a conflict of interest for Cases S-90-016 and S-90-017. CHAIRPERSON HEINRICHS ruled that COMMISSIONER BARRETT had a conflict of interest and COMMISSIONER BARRETT stepped down. DUANE DVORAK indicated 17 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Staff reviewed the status of the Alaska Department of Environmental Conservation's (ADEC) investigation of the sewer issues and ADEC's belief that the sewer issue did not merit delaying preliminary approval of this subdivision. Regular Session Closed. Public Hearing Opened: JEFF SPENCER appeared before the Commission and expressed support for this request. Mr. Spencer stated that the residence had not been connected to the septic tank for eight (8) months. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT preliminary approval of the subdivision of Lot 5, Block 3, Woodland Acres Subdivision Second Addition and replat to Lots 5A and 5B, Block 3, Woodland Acres Subdivision Second Addition, subject to the conditions of approval contained in the staff report dated April 10, 1990, amending condition of approval number two to read, "... a narrative drainage plan ..." and to adopt the findings contained in the staff report dated April 10, 1990, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Show a ten (10) foot wide electrical easement centered on the existing electrical service line across proposed Lots 5A and 5B. 2. Obtain approval of a narrative drainage plan for this subdivision from the Kodiak Island Borough Engineering and Facilities Department prior to final approval of the plat. 3. Regrade or reconstruct the driveway in the flag stem so that it meets the requirements of Kodiak Island Borough Code Chapter 15.28 prior to final approval of the plat. 4. Remove the accessory building on proposed Lot 513 or relocate the accessory building to a legal location on Lot 5A prior to final approval of the plat. 5. Place a note on the final plat that delineates the individual responsibilities of Lots 5A and 5B for construction, maintenance, and taxes on the shared driveway and utility access easement. KIBS227064 Page 19 of 27 P & Z Minutes: April 18, 1990 FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the 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. The motion was seconded. COMMISSIONER ASPGREN MOVED TO AMEND THE MAIN MOTION by adding a fifth condition of approval, to read: 'The abandoned septic system on proposed Lot 5A must be properly vacated prior to approval of the final plat." The AMENDMENT was seconded and FAILED by a tie roll call vote. Commissioners Hodgins, Hendel, and Hartt voted "no." The question was called and the MAIN MOTION CARRIED by unanimous roll call vote. L) Case S-90-017. A request for preliminary approval of the subdivision of ^— Lot 3, Block 1, Woodland Acres Subdivision Second Addition and replat to Lots 3A and 3B, Block 1, Woodland Acres Subdivision Second Addition. 3494 Woodland Drive (Pierre Costello) DUANE DVORAK indicated 55 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT preliminary approval of the subdivision of Lot 3, Block 1, Woodland Acres Subdivision Second Addition and replat to Lots 3A and 3B, Block 1, Woodland Acres Subdivision Second Addition, subject to the conditions of approval contained in the staff report dated April 10, 1990, and to adopt the findings contained in the staff report dated April 10, 1990, as "Findings of Fact' for this case. CONDITIONS OF APPROVAL 1. Create a five (5) foot wide utility easement along the lot lines adjacent to Woodland Drive. KIBS227065 Page 20 of 27 P & Z Minutes: April 18, 1990 2. Place a note on the final plat that either: a. delineates the individual responsibilities of Lots 3A and 3B for the construction, maintenance, and taxes for the driveway and utility easement; or b. limits access to Lot 3A from Woodland Drive and states that the flag stem access is for the exclusive use of Lot 3B. 3. Prepare a drainage and grading plan for Lots 3A and 3B and obtain approval for the plan from the Borough Engineering and Facilities Department prior to final approval of the plat. FINDINGS OF FACT This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the 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 preliminary plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily indicate compliance with other applicable State and Federal regulations. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER BARRETT returned to the Commission. M) Case S-90-018. A request for preliminary approval of the subdivision of Tract B, U.S. Survey 1396 and replat to Tracts B-1 and B-2, U.S. Survey 1396. 1417 Selig, 1416 Ole Johnson, and 1414 Chichenof (Art Bors; Greg Furin; Duane Freeman) DUANE DVORAK indicated 47 public hearing notices were mailed and 1 was returned, stating non -objection to this request. Staff noted that a supplemental staff report was distributed to the Commission prior to the beginning of this meeting and recommended approval of this request, subject to a condition of approval. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT preliminary approval of the subdivision of Tract B, U.S. Survey 1396 and replat to Tracts B-1 and B-2, U.S. Survey 1396, subject to the condition of approval outlined in the staff report dated April 17, 1990, and to adopt KIBS227066 Page 21 of 27 P & Z Minutes: April 18, 1990 the findings contained in the staff report dated April 10, 1990, as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. On the final plat, show the ten (10) foot wide utility easement that exists along the South side lot line. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the 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. The motion was seconded and CARRIED by unanimous roll call vote. N) Case S-90-019. A request for preliminary approval of the vacation of Lots 23 and 24, Block 11, Woodland Acres Subdivision Seventh Addition and replat to Lots 23A and 24A, Block 11, Woodland Acres Subdivision Seventh Addition. 3040 Harlequin Court (Bob Shuttlesworth) DUANE DVORAK indicated 24 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: BOB SHUTTLESWORTH appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT preliminary approval of the vacation of Lots 23 and 24, Block 11, Woodland Acres Subdivision Seventh Addition and replat to Lots 23A and 24A, Block 11, Woodland Acres Subdivision Seventh Addition, and to adopt the findings contained in the staff report dated April 9, 1990, as "Findings of Fact' for this case. FINDINGS OF FACT This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. KIBS227067 Page 22 of 27 P & Z Minutes: April 18, 1990 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. The motion was seconded and CARRIED by unanimous roll call vote. O) Case S-90-020. A request for preliminary approval of the subdivision of a Portion of U.S. Survey 1396 and replat to Lots 14 through 20, Block 1, Elderberry Heights Subdivision First Addition. (L.L. Russell) DUANE DVORAK indicated 34 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: SCOTT ARNDT, representing the applicant, appeared before the Commission, expressed support for this request, and objected to proposed condition of approval number four (4). The Commission and Mr. Arndt discussed the drainage and wetlands issues involved in this property. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT preliminary approval of the subdivision of a Portion of U.S. Survey 1396 and replat to Lots 14 through 20, Block 1, Elderberry Heights Subdivision subject to the conditions of approval contained in the staff report dated April 9, 1990, amending condition of approval number four to read, "Create a twenty (20) foot wide drainage easement across the front of all lots created by this subdivision that connects with the existing drainage easement on Lot 13, Elderberry Heights Subdivision. If this drainage easement is not needed (as indicated by a government -approved engineering study) or utilized within five (5) years of the date of preliminary approval (April 18, 1990), the drainage easement reverts to the property owner' and to adopt the findings contained in the staff report dated April 9, 1990, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Change the name of the subdivision from Elderberry Heights Subdivision First Addition to Elderberry Heights Subdivision. 2. Obtain a letter of approval for this subdivision from the Alaska Department of Environmental Conservation prior to approval of the final plat. 3. 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 to final approval of the subdivision. It is also recommended that the applicant contact the Alaska Department of Fish and Game Habitat Division prior to any further infill of the wetlands on this site. KIBS227068 Page 23 of 27 P & Z Minutes: April 18, 1990 4. Create a twenty (20) foot wide drainage easement across the front of all lots created by this subdivision that connects with the existing drainage easement on Lot 13, Elderberry Heights Subdivision. If this drainage easement is not needed (as indicated by a government -approved engineering study) or utilized within five (5) years of the date of preliminary approval (April 18, 1990), the drainage easement reverts to the property owner. 5. Show the dimensions of each lot and the plat number of record, if applicable, on the final plat. 6. Obtain a variance from the Kodiak Island Borough Planning and Zoning Commission to plat these lots smaller than the required minimum lot size of the RR1--Rural Residential One Zoning District (20,000 square feet). FINDINGS OF FACT This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code if a variance is granted to allow less than the required minimum lot size for the RR1--Rural Residential One Zoning District (20,000 square feet). 3. This plat is generally consistent with development trends in the area and provides a subdivision of land that maintains the character of this neighborhood. 4. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and Federal regulations which may also be applicable. The motion was seconded. COMMISSIONER BARRETT MOVED TO AMEND THE MAIN MOTION by changing condition of approval number four to read, "Create a twenty (20) foot wide drainage easement across the front of all lots created by this subdivision that connects with the existing drainage easement on Lot 13, Elderberry Heights Subdivision. If this drainage easement is not needed (as indicated by a government -approved engineering study) or utilized within seven and a half (7.5) years of the date of preliminary approval (April 18, 1990), the drainage easement reverts to the property owner. The AMENDMENT was seconded and FAILED by majority roll call vote. Commissioners Coleman, Heinrichs, Hodgins, Hartt, and Hendel voted "no." The question was called and the MAIN MOTION CARRIED by unanimous roll call vote. KIBS227069 Page 24 of 27 P & Z Minutes: April 18, 1990 VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS A) Kodiak Island Borough Planning and Zoning Commission Resolution r- 90-02-R. A resolution of the Kodiak Island Borough Planning and Zoning Commission recommending full funding of the needed repairs to State roads and highways within the City of Kodiak and the Kodiak Island Borough. COMMISSIONER HENDEL MOVED TO ADOPT Planning and Zoning Commission Resolution 90-02-R: A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING FULL FUNDING OF THE NEEDED REPAIRS TO STATE ROADS AND HIGHWAYS WITHIN THE CITY OF KODIAK AND THE KODIAK ISLAND BOROUGH. WHEREAS, Kodiak Island Borough Code Section 2.40.030 delineates the powers and duties of the Kodiak Island Borough Planning and Zoning Commission; and WHEREAS, Kodiak Island Borough Code Section 2.40.030G states that the Kodiak Island Borough Planning and Zoning Commission shall "make and develop plans for the improving and redevelopment of any areas within the Borough;" and, WHEREAS, Kodiak Island Borough Code Section 2.40.030H states that the Kodiak Island Borough Planning and Zoning Commission shall "make and develop plans for reconstruction or redevelopment of any area or district within the Borough which may be destroyed in whole or in part, or damaged by fire, earthquakes, or other disaster" [emphasis added]; and, WHEREAS, the Kodiak Island Borough Planning and Zoning Commission made note of the deteriorating road conditions at their public meeting on March 21, 1990; and, WHEREAS, many of the roadways and especially State highways are in such a state of disrepair from neglect and lack of maintenance due to funding constraints as to cause a danger to the health and welfare of Kodiak Island Borough residents. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island �- Borough Planning and Zoning Commission recognizes its duties and responsibilities in requesting the Governor of the State of Alaska and the Alaska State Legislature provide the citizens of Kodiak with safe driving surfaces. The Kodiak Island Borough Planning and Zoning Commission further recommends that the Alaska Department of Transportation and Public Facilities act expeditiously in resolving the problem of dangerous road surfaces in the City of Kodiak and the Kodiak Island Borough. The motion was seconded and CARRIED by unanimous voice vote. KIBS227070 Page 25 of 27 P & Z Minutes: April 18, 1990 There was no further new business. IX. COMMUNICATIONS COMMISSIONER HENDEL MOVED TO ACKNOWLEDGE RECEIPT of items A through C of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated March 21, 1990 to Louisa Rand, State of Alaska Division of Governmental Coordination from Duane Dvorak, re: a Portion of Tract A, U.S. Survey 1682 - Seabreeze Circle right-of-way. B) Letters dated March 26, 1990, re: Kodiak Island Borough v. LeDoux (with attachments). C) Letter dated March 27, 1990, re: Kodiak Island Borough v. John A. Parker, et al (with attachments) There were no further communications. X. REPORTS COMMISSIONER HODGINS MOVED TO ACKNOWLEDGE RECEIPT of items A and B of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Community Development Department Status Report. B) Community Development Department Plat Activity Report. There were no further reports. COMMISSIONER ASPGREN MOVED TO CONTINUE the meeting beyond 11:00 p.m. The motion was seconded and CARRIED by unanimous voice vote. XI. AUDIENCE COMMENTS SCOTT ARNDT appeared before the Commission and discussed the conditions of approval for Cases S-90-020 and S-90-016. There were no further audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER HODGINS MOVED TO ADOPT the following findings of fact for Case 90-018: Findings as to the Need and Justification for a Change or Amendment. The rezone of Lots 1A through 21, Block 1, and Lots 1A through 23, Block 2, Monashka Bay Alaska Subdivision from RR1--Rural Residential One to RR --Rural Residential is not necessary and is not justified because the RR --Rural Residential Zoning District permits development that: KIBS227071 Page 26 of 27 P & Z Minutes: April 18, 1990 A. is less consistent with the comprehensive plan than the existing zoning; and B. is not suitable for the existing lots, given the existing land uses. 2. Findings as to the Effect that a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1968 Comprehensive Plan designates this area for Low Density Residential Development. A change to the Rural Residential Zoning District would be less consistent with the Comprehensive Plan because the minimum lot size is larger than the Comprehensive Plan identifies for low density development (i.e., the Comprehensive Plan defines low density development as one dwelling unit on a lot larger than 15,000 square feet and the Rural Residential Zoning District minimum lot size is 40,000 square feet). Given the development that has already taken place, and based on the overwhelming public testimony (in opposition to the rezoning) at the Commission's April 11, 1990 worksession and April 18, 1990 public hearing, it is apparent that the proposed Rural Residential Zoning District would create a significant amount of nonconforming uses and would not meet the needs and desires of the residents. In addition, it is unlikely that this area could be developed to the maximum density of two (2) dwelling units per acre. The effect of this zoning change would be to encourage the area to reduce its residential density potential and to change its residential character to a residential neighborhood of single-family dwellings only. The motion was seconded and CARRIED by majority voice vote. Commissioner Hendel abstained. XIII. ADJOURNMENT CHAIRPERSON HEINRICHS adjourned the meeting at 11:20 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By. �b Patricia Mile , Sec etary Community pment Department DATE APPROVED: May 16, 1990. By: Robin Heinrichs, Chairperson KIBS227072 Page 27 of 27 P 8 Z Minutes: April 18, 1990