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1990-05-16 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MAY 16, 1990 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chairperson Robin Heinrichs on May 16, 1990 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Robin Heinrichs, Chairperson Jon Aspgren Jon Hartt Tom Hendel Jody Hodgins Commissioners Absent: Bruce Barrett, Excused Wayne Coleman, Excused A quorum was established. APPROVAL OF AGENDA Others Present: Duane Dvorak, Acting Director Community Development Department Patricia Miley, Secretary Community Development Department Staff reported the following additions and deletions to the agenda: AGENDA ADDITIONS V AUDIENCE COMMENTS AND APPEARANCE REQUESTS D) Case S-90-020. A request for reconsideration of a condition of approval of the preliminary plat approval due to an error in identifying a twenty (20) foot drainage easement along Selief Lane as requested by the City of Kodiak Public Works Department when in fact the City had requested a drainage easement in a location generally between Lots 13 and 14, Block 1, Elderberry Heights and surrounding area along the rear lot line of the survey area. Subdivision of a Portion of U.S. Survey 1396 and replat to Lots 14 through 20, Block 1, Elderberry Heights Subdivision First Addition. (City of Kodiak Public Works Department) AGENDA DELETIONS V AUDIENCE COMMENTS AND APPEARANCE REQUESTS C) Case 89-035. Request for a two (2) year extension of a previously approved exception from Section 17.13.020 (Permitted Uses) of the Borough Code that permits an electrical substation and related transmission and distribution lines to locate on and around a 1.85 acre leased lot within the P & Z Minutes: May 16, 1990 HIBS227078 Page 1 of 27 Conservation Zoning District. A Portion of Tract B, U.S. Survey 2538; generally located on Pillar Mountain Road. (City of Kodiak; Kodiak Electric Association) VI PUBLIC HEARINGS D) Case 90-024. Request for review by the Planning and Zoning Commission in accordance with Section 18.20.030A (Review by the Planning Commission - Assembly Approval) and Section 18.50.010 (Permits Generally) of the Borough Code of a disposal of Borough land by permit (for $250.00 a year or the fair rental value, whichever is greater) for the construction and maintenance of a driveway access to Lot 11, Block 3, Monashka Bay Subdivision. Generally located near 1250 Beaver Way. (Kodiak Island Borough; Cliff and Kathy Ford) E) Case 90-025. Request for review by the Planning and Zoning Commission in accordance with Section 18.20.030A (Review by the Planning Commission - Assembly Approval) and Section 18.50.010 (Permits Generally) of the Borough Code of a disposal of Borough land by permit (for $250.00 a year or the fair rental value, whichever is greater) for construction and maintenance of a driveway access to Lot 1, Block 2, Lakeside Subdivision. Extension of Beaver Lake Drive South of Selief. (Kodiak Island Borough; Gary and Joyce Green) F) Case 90-026. Request for review by the Planning and Zoning Commission in accordance with Section 18.20.030A (Review by the Planning Commission - Assembly Approval) and Section 18.50.010 (Permits Generally) of the Borough Code of a disposal of Borough land by permit (for $250.00 a year or the fair rental value, whichever is greater) for the construction and maintenance of a driveway access to Lot 1, Block 3, Woodland Acres Subdivision Second Addition. Generally located near 3922 Woodland Drive. (Kodiak Island Borough; Jim and Betty Broyles) H) Case 90-028. Request for review by the Planning and Zoning Commission in accordance with Section 18.20.030A (Review by the Planning Commission - Assembly Approval) and Section 18.50.010 (Permits Generally) of the Borough Code of a disposal of Borough land by permit (for $250.00 a year or the fair rental value, whichever is greater) for the construction and maintenance of a driveway access to Lot 2, Block 1, Shahafka Acres Subdivision. 490 Shahafka Circle (Kodiak Island Borough; Donald M. Swanson) COMMISSIONER HENDEL MOVED TO ACCEPT the agenda with the additions and deletions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HENDEL MOVED TO ACCEPT the minutes of the April 18, 1990 Planning and Zoning Commission regular meeting as presented. The motion was seconded. CHAIRMAN HEINRICHS requested that the fourth paragraph on Page 6 of the April 18, 1990 minutes be corrected to read: KIBS227079 P & Z Minutes: May 16, 1990 Page 2 of 27 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. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. A) Case S-85-016. Fifth (5th) request for a one (1) year extension of the preliminary plat approval period (to May 16, 1991). Holland Acres Subdivision Second Addition, U.S. Surveys 3218 and 3463. (Scott Arndt) COMMISSIONER HENDEL MOVED TO GRANT a fifth (5th) one year extension of the preliminary plat approval period for Case S-85-016 (to May 15, 1991) subject to the following finding of fact confirming the validity of the fourth (4th) extension of the preliminary plat approval period. FINDING OF FACT 1. The condition of approval for the fourth (4th) extension request, which required photographic documentation, was unnecessarily imposed. Review of the subdivision shows that current conditions are substantially the same as when this subdivision was initially granted preliminary plat approval. The motion was seconded. COMMISSIONER ASPGREN noted that he did not attend the packet review worksession of May 9, 1990, and requested an explanation of why this extension was requested. The Commission and Mr. Arndt explained to Commissioner Aspgren the reasons for the extension request, including the economic problems of the development and that the applicant is progressing and hopes to file a final plat for the development within the next eight (8) months. The question was called and the MOTION CARRIED by unanimous roll call vote. B) Case S-88-015. Request for a one (1) year extension of the preliminary plat approval period (to July 20, 1991). A Portion of Tract C of BLM Tract D creating Lot 1, Tract C of BLM Tract D, Pillar Creek Hatchery Site. (State of Alaska Department of Fish and Game) No representative of the Alaska Department of Fish and Game was present. COMMISSIONER HENDEL MOVED TO GRANT a one year extension of the preliminary plat approval (to June 19, 1991) for Case S-88-015, P & Z Minutes: May 16, 1990 KIBS227080 Page 3 of 27 the creation of Lot 1, Tract C of BLM Tract D, Section 30, Township 27 South, Range 19 West, Seward Meridian, and to confirm the conditions of approval contained in the staff report dated July 13, 1988. CONDITIONS OF APPROVAL 1. Access Roads. Show data for locating centerline of easement where they intersect with the Monashka Bay Road right-of-way and the boundaries of Lot 1, Tract C, including the radial bearing at the intersection and any tangent bearings and distances along the easements. 2. Water Transmission Lines. Show easements with sufficient data for location referred points where they intersect Lot 1, Tract C boundaries and Monashka Bay Road right-of-way, and any points where they change direction. Larger details may be needed to show the necessary information adequately. 3. Electrical Distribution Lines. Show easements with sufficient data for location referred to points where they intersect Lot 1, Tract C boundaries and Monashka Bay Road right-of-way. 4. Change Title Block to read as follows: "Creation of Lot 1, Tract C of BLM Tract D....... The motion was seconded and CARRIED by unanimous roll call vote. C) Case 89-035. Request for a two (2) year extension of a previously approved exception from Section 17.13.020 (Permitted Uses) of the Borough Code that permits an electrical substation and related transmission and distribution lines to locate on and around a 1.85 acre leased lot within the Conservation Zoning District. A Portion of Tract B, U.S. Survey 2538; generally located on Pillar Mountain Road. (City of Kodiak; Kodiak Electric Association) This item was deleted from the agenda. D) Case S-90-020. A request for reconsideration of a condition of approval of the preliminary plat approval of the subdivision due to an error identifying a twenty (20) foot drainage easement along Selief Lane as requested by the City of Kodiak Public Works Department when in fact the City had requested a drainage easement in a location generally between Lots 13 and 14, Block 1, Elderberry Heights and surrounding area along the rear lot line of the survey area. Subdivision of a Portion of U.S. Survey 1396 and replat to Lots 14 through 20, Block 1, Elderberry Heights Subdivision. (City of Kodiak Public Works Department) DUANE DVORAK reported that a "supplemental staff report" was distributed to the Commission prior to the meeting. The supplemental staff report was based on the discussions held at the packet review worksession on May 9, 1990, and discussions held with the City of Kodiak Public Works Department Director and the subdivider. Mr. Dvorak noted that the hydrology team from the U.S. Army Corps of Engineers (Corps) will be investigating the water flow characteristics of the drainage in and around this site for use in future permitting decisions and that the Corps will not be evaluating the site now proposed for subdivision. KIBS227081 P & Z Minutes: May 16, 1990 Page 4 of 27 COMMISSIONER ASPGREN requested the subdivider's views. Mr. Russell stated that proposed condition of approval number seven (7) was the way it should be. COMMISSIONER HODGINS MOVED TO DELETE Case S-90-020's condition of approval number four (#4) as delineated in the action letter dated April 19, 1990, and to adopt the findings of fact contained in the staff memorandum dated May 16, 1990, as "Findings of Fact" for this case. CONDITION OF APPROVAL 4. Deleted. FINDING OF FACT The City of Kodiak has indicated no need for the drainage easement proposed in condition of approval number four (#4) of the preliminary plat approval for Case S-90-020; and, as noted in the language of the condition itself, the drainage easement should revert to the property owner. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HODGINS MOVED TO ADOPT condition of approval number seven (#7) as part of the preliminary plat approval for Case S- 90-020, and to adopt the finding of fact contained in the staff memorandum dated May 16, 1990, as "Finding of Fact" for this case. CONDITION OF APPROVAL 7. Create a twenty (20) foot wide drainage easement along the northeasterly lot line of proposed Lot 14, Block 1, Elderberry Heights Subdivision and a twenty (20) foot wide drainage easement along two hundred (200) feet of the rear lot lines of proposed Lots 14, 15, and 16, Block 1, Elderberry Heights Subdivision. FINDING OF FACT The City of Kodiak has requested the creation of a drainage easement, which was not included as part of the preliminary plat approval. The addition of this condition of approval will correct a mistake due to a clerical error in the preparation of the original staff report for this case. The motion was seconded and CARRIED by unanimous roll call vote. As a result of the above actions, the conditions of approval for Case S- 90-020 are: 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. KIBS227082 P & Z Minutes: May 16, 1990 Page 5 of 27 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. 4. Deleted. 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). 7. Create a twenty (20) foot wide drainage easement along the northeasterly lot line of proposed Lot 14, Block 1, Elderberry Heights Subdivision and a twenty (20) foot wide drainage easement along two hundred (200) feet of the rear lot lines of proposed Lots 14, 15, and 16, Block 1, Elderberry Heights Subdivision. As a result of the above actions, the findings of fact for Case S-90-020 are: 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 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. 5. The City of Kodiak has indicated no need for the drainage easement proposed in condition of approval number four (#4) of the preliminary plat approval for Case S-90-020; and, as noted in the language of the condition itself, the drainage easement should revert to the property owner. 6. The City of Kodiak has requested the creation of a drainage easement, which was not included as part of the preliminary plat approval. The addition of this condition of approval will correct a mistake due to a clerical error in the preparation of the original staff report for this case. P & Z Minutes: May 16, 1990 KIBS227083 Page 6 of 27 There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 90-021. Request for an exception from Section 17.19.020 (Permitted Uses) and Section 17.06.210 (Dwelling, Two-family) of the Borough Code to permit a second single-family dwelling on a lot in the R2--Two-family Residential Zoning District. Lot 3, U.S. Survey 3101; 3415 Spruce Cape Road. (Wayne and Lynne Murphy) DUANE DVORAK noted the site plan submitted by the applicant was distributed to the Commission prior to the meeting. DUANE DVORAK indicated 31 public hearing notices were mailed and 1 was returned stating non -objection to this request. Staff recommended approval of this request, subject to a condition that the applicant conform to the submitted site plan. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT an exception from Section 17.19.020 and Section 17.06.210 of the Borough Code to permit the location of a second single-family dwelling on a lot in the R2-- Two-family Residential Zoning District on Lot 3, U.S. Survey 3101; subject to the condition of approval contained in the staff report dated May 6, 1990; and to adopt the findings contained in the staff report dated May 6, 1990 as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. The applicant must submit a site plan to the Planning and Zoning Commission for review and approval prior to issuance of a zoning compliance permit for the additional single-family dwelling. 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. The proposed use will not endanger the public's health, safety, or general welfare because the second dwelling unit will not increase the permitted density of the lot, provided neither dwelling unit is converted to a duplex in the future unless the land is properly subdivided or rezoned to a district allowing the additional units. The R2--Two-family Residential Zoning District permits two-family dwellings (duplexes) and the potential use characteristics (e.g., parking, number of residents, utility P & Z Minutes: May 16, 1990 KIBS227084 Page 7 of 27 demands, etc.) of two separate detached single-family residences are not substantially different from those of a two-family dwelling unit. B. The proposed use will be consistent with the general purposes and intent of Title 17 and the specific description and intent of Chapter 17.19, the R2--Two-family Residential Zoning District, because it will not generate other than normal vehicular traffic on nearby streets and will not create requirements or costs for public services that cannot be systematically and adequately provided above or beyond what is reasonably expected in the R2-- Two-family Residential Zoning District. Commission review and approval of a site plan, subject to appropriate conditions of approval if deemed necessary, would insure consistency with Title 17 prior to issuance of zoning compliance. C. The proposed use should not adversely impact other properties in the neighborhood because the structure containing the second dwelling unit must meet all Uniform Building Code (UBC) requirements for a dwelling unit. The substantial use characteristics will not be substantially different from those of a duplex. As in the above finding, review and approval of a site plan by the Planning and Zoning Commission would insure that no adverse impacts result from this development. The motion was seconded. COMMISSIONER HENDEL MOVED TO AMEND THE MAIN MOTION by adding the following: CONDITION OF APPROVAL 2. Neither dwelling may be turned into a duplex without rezoning the property to an appropriate zoning district or subdividing the property. The AMENDMENT was seconded. The Commission, with input from Community Development Department staff, discussed the proposed condition of approval. COMMISSIONER HENDEL, with consent of the second, WITHDREW THE PROPOSED AMENDMENT. COMMISSIONER HENDEL MOVED TO AMEND THE MAIN MOTION by deleting the following condition: 1. The applicant must submit a site plan to the Planning and Zoning Commission for review and approval prior to issuance of a zoning compliance permit for the additional single-family dwelling. and adding the following condition: 1. The applicant must conform to the site plan submitted to the Planning and Zoning Commission for review at the May 16, 1990, regular meeting. P & Z Minutes: May 16, 1990 KIBS227085 Page 8 of 27 The AMENDMENT was seconded and CARRIED by unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. CONDITION OF APPROVAL The applicant must conform to the site plan submitted to the Planning and Zoning Commission for review at the May 16, 1990, regular meeting. 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. The proposed use will not endanger the public's health, safety, or general welfare because the second dwelling unit will not increase the permitted density of the lot, provided neither dwelling unit is converted to a duplex in the future unless the land is properly subdivided or rezoned to a district allowing the additional units. The R2--Two-family Residential Zoning District permits two-family dwellings (duplexes) and the potential use characteristics (e.g., parking, number of residents, utility demands, etc.) of two separate detached single-family residences are not substantially different from those of a two-family dwelling unit. B. The proposed use will be consistent with the general purposes and intent of Title 17 and the specific description and intent of Chapter 17.19, the R2--Two-family Residential Zoning District, because it will not generate other than normal vehicular traffic on nearby streets and will not create requirements or costs for public services that cannot be systematically and adequately provided above or beyond what is reasonably expected in the R2-- Two-family Residential Zoning District. Commission review and approval of a site plan, subject to appropriate conditions of approval if deemed necessary, would insure consistency with Title 17 prior to issuance of zoning compliance. C. The proposed use should not adversely impact other properties in the neighborhood because the structure containing the second dwelling unit must meet all Uniform Building Code (UBC) requirements for a dwelling unit. The substantial use characteristics will not be substantially different from those of a duplex. As in the above finding, review and approval of a site plan by the Planning and Zoning Commission would insure that no adverse impacts result from this development. KIBS227086 P & Z Minutes: May 16, 1990 Page 9 of 27 B) Case 90-022. Request for a conditional use permit in accordance with Section 17.16.040 (Conditional Uses) of the Borough Code to permit a temporary fireworks sales stand to locate in a RR --Rural Residential Zoning District. Lot 3, Block 1, Woodland Acres Subdivision or Lot 18, Woodland Acres Subdivision First Addition or Lot 19, Woodland Acres Subdivision First Addition; 3694 or 3746, or 3788 Rezanof Drive East. (B.E. Nachtweih; Guy M. Denton) DUANE DVORAK indicated 95 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: GUY DENTON, applicant, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT a conditional use permit in accordance with Section 17.16.040 of the Borough Code to permit a temporary fireworks sales stand to locate in a RR --Rural Residential Zoning District on Lot 3, Block 1, Woodland Acres Subdivision or Lot 18, Woodland Acres First Addition or Lot 19, Woodland Acres First Addition from May 15th to July 7th of each year until July 7, 1995; subject to the conditions of approval outlined in the staff report dated May 6, 1990; and to adopt the findings contained in the staff report dated May 6, 1990, as "Findings of Fact' for this case. CONDITIONS OF APPROVAL 1. The sale of fireworks shall be discontinued at this location by July 5th of each year permitted by the conditional use permit. 2. The use and structure shall be removed from the lot by July 7th of each year permitted by the conditional use permit. 3. The applicant shall provide a copy of the required State of Alaska 'Permit for the Sale of Salable Fireworks" to the Community Development Department for each year permitted by the conditional use permit. 4. The applicant shall agree to place "No smoking within 50 feet' and "No fireworks to be discharged within 250 feet' signs on the premises. 5. The applicant shall agree to provide a trash receptacle on the premises for the use of patrons. 6. The conditional use permit shall be valid from May 15th until July 7th of each year permitted by the conditional use permit. 7. If signage associated with this use is to be placed within the adjacent road right-of-way, written permission from the managing authority of the right-of-way must be provided to the Community Development Department prior to issuance of a zoning compliance permit. P & Z Minutes: May 16, 1990 KIBS227087 Page 10 of 27 FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The conditional use will preserve the value, spirit, character, and integrity of the surrounding area because the lots are physically separated from other developed property by road rights -of -way, distance, and wooded areas. Two of the four surrounding lots are vacant. Further, adequate off-street parking is available and previous fireworks sales at this location have not generated any complaints from surrounding property owners. (One complaint received in 1987 was not related to land use, but instead, related to a perceived safety issue because children were attracted to the stand which was located near a dangerous construction site at the time. This situation is not expected to reoccur.) 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question The proposed fireworks stand will fulfill all other requirements of the RR --Rural Residential Zoning District, and the applicant must obtain a permit to sell fireworks from the office of the State Fire Marshall. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort It appears that the proposed use will not endanger the public's health, safety, convenience, or comfort. Fireworks sales have previously occurred in this area, and departmental files do not indicate that these sales have posed any danger to the public's health, safety, or welfare. Lastly, the applicant agrees to comply with the conditions attached to all fireworks stands, as follows: A. The sale of fireworks shall be discontinued at this location by July 5th of each year permitted by the conditional use permit. B. The use and structure shall be removed from the lot by July 7th of each year permitted by the conditional use permit. C. The applicant shall provide a copy of the required State of Alaska "Permit for the Sale of Salable Fireworks" to the Community Development Department for each year permitted by the conditional use permit. D. The applicant shall agree to place "No smoking within 50 feet" and "No fireworks to be discharged within 250 feet" signs on the premises. E. The applicant shall agree to provide a trash receptacle on the premises for the use of patrons. F. The conditional use permit shall be valid from May 15th until July 7th of each year permitted by the conditional use permit. G. If signage associated with this use is to be placed within the adjacent road right-of-way, written permission from the managing authority of the right-of-way must be provided to P & Z Minutes: May 16, 1990 KIBS227088 Page i t of 27 the Community Development Department prior to issuance of a zoning compliance permit. 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. Provision of additional buffers or other safeguards are not necessary in this instance because of the location of the fireworks sales stand. The proposed fireworks sales stand is adequately separated from nearby property and five of the surrounding six lots are vacant. Also, the sale of fireworks is a temporary use with no lasting impacts that would require additional safeguards. The motion was seconded. COMMISSIONER ASPGREN, with concurrence of the second, changed conditions of approval number two (2) and five (5), by FRIENDLY AMENDMENT, to read: 2. The structure shall be removed from the lot by July 7th of each year permitted by the conditional use permit. 5. The applicant shall agree to provide adequate trash receptacles on the premises for the use of patrons. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL The sale of fireworks shall be discontinued at this location by July 5th of each year permitted by the conditional use permit. 2. The structure shall be removed from the lot by July 7th of each year permitted by the conditional use permit. 3. The applicant shall provide a copy of the required State of Alaska "Permit for the Sale of Salable Fireworks" to the Community Development Department for each year permitted by the conditional use permit. 4. The applicant shall agree to place "No smoking within 50 feet' and "No fireworks to be discharged within 250 feet' signs on the premises. 5. The applicant shall agree to provide adequate trash receptacles on the premises for the use of patrons. 6. The conditional use permit shall be valid from May 15th until July 7th of each year permitted by the conditional use permit. 7. If signage associated with this use is to be placed within the adjacent road right-of-way, written permission from the managing authority of the right-of-way must be provided to the Community Development Department prior to issuance of a zoning compliance permit. KIBS227089 P & Z Minutes: May 16, 1990 Page 12 of 27 FINDINGS OF FACT 1. That the conditional use will Dreserve the value spirit character and integrity of the surrounding area. The conditional use will preserve the value, spirit, character, and integrity of the surrounding area because the lots are physically separated from other developed property by road rights -of -way, distance, and wooded areas. Two of the four surrounding lots are vacant. Further, adequate off-street parking is available and previous fireworks sales at this location have not generated any complaints from surrounding property owners. (One complaint received in 1987 was not related to land use, but instead, related to a perceived safety issue because children were attracted to the stand which was located near a dangerous construction site at the time. This situation is not expected to reoccur.) 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question The proposed fireworks stand will fulfill all other requirements of the RR --Rural Residential Zoning District, and the applicant must obtain a permit to sell fireworks from the office of the State Fire Marshall. 3. That -granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. It appears that the proposed use will not endanger the public's health, safety, convenience, or comfort. Fireworks sales have previously occurred in this area, and departmental files do not indicate that these sales have posed any danger to the public's health, safety, or welfare. Lastly, the applicant agrees to comply with the conditions attached to all fireworks stands, as follows: A. The sale of fireworks shall be discontinued at this location by July 5th of each year permitted by the conditional use permit. B. The structure shall be removed from the lot by July 7th of each year permitted by the conditional use permit. C. The applicant shall provide a copy of the required State of Alaska "Permit for the Sale of Salable Fireworks" to the Community Development Department for each year permitted by the conditional use permit. D. The applicant shall agree to place "No smoking within 50 feet" and "No fireworks to be discharged within 250 feet" signs on the premises. E. The applicant shall agree to provide adequate trash receptacles on the premises for the use of patrons. F. The conditional use permit shall be valid from May 15th until July 7th of each year permitted by the conditional use permit. G. If signage associated with this use is to be placed within the adjacent road right-of-way, written permission from the managing authority of the right-of-way must be provided to P & Z Minutes: May 16, 1990 KIBS227090 Page 13 of 27 the Community Development Department prior to issuance of a zoning compliance permit. 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. Provision of additional buffers or other safeguards are not necessary in this instance because of the location of the fireworks sales stand. The proposed fireworks sales stand is adequately separated from nearby property and five of the surrounding six lots are vacant. Also, the sale of fireworks is a temporary use with no lasting impacts that would require additional safeguards. C) Case 90-023. Request for a variance from Section 17.57.020A (Parking Requirements) of the Borough Code to permit the construction of a service hanger for aircraft requiring four (4) off-street parking spaces per service stall when only two (2) off-street parking spaces can be located on the site. Lot 2A, U.S. Survey 3098; generally located at the East end of Lilly Lake along Mill Bay Road. (Dan Dorman) DUANE DVORAK noted that a site plan for this request was distributed to the Commission prior to the meeting. DUANE DVORAK indicated 38 public hearing notices were mailed for this case and 2 were returned, 1 in favor and 1 opposing this request. Staff recommended approval of this request, subject to a condition that the variance would expire when the service hangar for aircraft was used for any purpose other than those set forth in the staff report. COMMISSIONER HODGINS requested a determination of "conflict of interest" stating that she is employed by one of the applicant's competitors. CHAIRMAN HEINRICHS polled the other Commissioners and subsequently ruled that COMMISSIONER HODGINS had no conflict of interest as her paycheck would be unaffected by the outcome of this case. The Commission reviewed the site plan. Regular Session Closed. Public Hearing Opened: DAVE CALWELL, 1914 Mill Bay Road, appeared before the Commission and expressed opposition to this request. DAN DORMAN, applicant, appeared before the Commission and expressed support for this request. The Commission and Mr. Dorman discussed the request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a variance from Section 17.57.020A of the Borough Code to permit the construction of a service hangar for aircraft requiring four (4) off-street parking spaces per service stall when only two (2) off-street parking spaces can be located on the site on Lot 2A, U.S. Survey 3098; subject to the condition of approval contained in the staff report dated May 7, 1990; P & Z Minutes: May 16, 1990 KIBS227091 Page 14 of 27 and to adopt the findings contained in the staff report dated May 7, 1990 as "Findings of Fact' for this case. The motion was seconded. The Commission, with input from Community Development Department staff, discussed the request. The question was called and the MOTION FAILED by roll call vote. Commissioners Hendel, Aspgren, and Hodgins voted "no." The Commission deferred findings of fact until the end of the meeting. D) Case 90-024. Request for review by the Planning and Zoning Commission in accordance with Section 18.20.030A (Review by the Planning Commission - Assembly Approval) and Section 18.50.010 (Permits Generally) of the Borough Code of a disposal of Borough land by permit (for $250.00 a year or the fair rental value, whichever is greater) for the construction and maintenance of a driveway access to Lot 11, Block 3, Monashka Bay Subdivision. Generally located near 1250 Beaver Way. (Kodiak Island Borough; Cliff and Kathy Ford) DUANE DVORAK indicated 29 public hearing notices were mailed and 1 was returned, stating non -objection to this request. This item was deleted from the agenda. E) Case 90-025. Request for review by the Planning and Zoning Commission in accordance with Section 18.20.030A (Review by the Planning Commission - Assembly Approval) and Section 18.50.010 (Permits Generally) of the Borough Code of a disposal of Borough land by permit (for $250.00 a year or the fair rental value, whichever is greater) for construction and maintenance of a driveway access to Lot 1, Block 2, Lakeside Subdivision. Extension of Beaver Lake Drive South of Selief. (Kodiak Island Borough; Gary and Joyce Green) DUANE DVORAK indicated 9 public hearing notices were mailed for this case and none were returned. This item was deleted from the agenda. F) Case 90-026. Request for review by the Planning and Zoning Commission in accordance with Section 18.20.030A (Review by the Planning Commission - Assembly Approval) and Section 18.50.010 (Permits Generally) of the Borough Code of a disposal of Borough land by permit (for $250.00 a year or the fair rental value, whichever is greater) for the construction and maintenance of a driveway access to Lot 1, Block 3, Woodland Acres Subdivision Second Addition. Generally located near 3922 Woodland Drive. (Kodiak Island Borough; Jim and Betty Broyles) DUANE DVORAK indicated 21 public hearing notices were mailed for this case and none were returned. This item was deleted from the agenda. G) Case 90-027. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit a twenty-eight by thirty (28 x 30) foot second floor apartment addition to an existing single- family dwelling; and a P & Z Minutes: May 16, 1990 K IBS227092 Page 15 of 27 Request for a variance from Section 17.18.050A (Yards) of the Borough Code to permit a twenty-eight by thirty (28 x 30) foot storage, garage, and apartment addition to encroach one-half (.5) foot into the required 3.8 foot front yard setback in a R1--Single-family Residential Zoning District. Lot 1A, Block 40, East Addition; 1225 Rezanof Drive East. (Harold Anderson; Robin Heinrichs) CHAIRMAN HEINRICHS stated that he had a conflict of interest, PASSED THE GAVEL TO COMMISSIONER HENDEL, and stepped down. DUANE DVORAK indicated 45 public hearing notices were mailed and none were returned. Staff recommended denial of the exception request and approval of the variance request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT an exception from Section 17.18.020 of the Borough Code to permit a twenty-eight by thirty (28 x 30) foot second floor apartment addition to an existing single-family dwelling on Lot 1A, Block 40, East Addition. The motion was seconded. COMMISSIONER ASPGREN noted that he did not attend the packet review worksession held on May 9, 1990, requested an explanation as to why Robin Heinrichs' name had appeared on the Commission's agenda as an applicant, and expressed disapproval of Mr. Heinrichs' name appearing on the Commission's agenda. The question was called and the MOTION FAILED by roll call vote. Commissioners Aspgren, Hartt, Hendel, and Hodgins voted "no." COMMISSIONER HARTT MOVED TO ADOPT the findings contained in the staff report dated May 7, 1990 as "Findings of Fact" for Case 90- 027. 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 r— 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. The use proposed by the applicant will not endanger the public's health, safety, or general welfare. The lot is served by public sewer and is generally larger than surrounding lots due to the vacation of the right-of-way between Lot 1A, Block 40, East Addition and Lot 7A, Block 43, East Addition. It appears that adequate area would remain for off-street parking on the site; however, the entry to the site over a very rough driveway access P & Z Minutes: May 16, 1990 Page 16 of 27 KIBS227093 would not facilitate additional traffic generated by an increase in the density of development on the lot. Any new addition will be required to meet the standards of the Uniform Building Code and as such will help to preserve the health, safety, and general welfare of the community through the construction of a safe structural addition. B. The proposed addition of a second dwelling unit would be inconsistent with the general purposes and intent of Chapter 17.18, the R1--Single-family Residential Zoning District of the Borough Code which states: 17.18.010 Description and intent. The single-family residential district is established as a land use district for small lot single-family residential dwellings where public water and sewer services are available. For the single-family residential district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single-family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere r- with the development or continuation of single- family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such service can systematically and adequately be provided. Allowing the increase of density on this lot would permit a use which is clearly not permitted in the current zoning district. In addition, conversion of the dwelling into a form of duplex would increase the normal traffic in the area. Traffic would not be impacted so much by this one development, however, staff believes that to approve this request would certainly open the door for other requests for other properties in the area with adequate building envelopes and area for off-street parking development available. If the Commission feels that this request has merit, such as the more efficient use of existing housing in Kodiak, then staff would recommend the Commission consider revising the R1--Single-family Residential Zoning District P & Z Minutes: May 16,1 sso KIBS227094 Page 17 of 27 to permit accessory apartments on all lots that meet the standards developed by the Commission. In addition, a change in the general purposes and intent of the zoning district could clearly make the accessory apartment available to all property owners whose property meets the standards developed by the Commission without the necessity of applying for an exception. -- C. The use of this property for two-family residential purposes would not result in adverse impacts to the surrounding neighborhood. However, the granting of the exception could open the door for similar requests in the R1--Single-family Residential Zoning District which would be hard to deny if the property has an adequate building envelope and off-street parking area. In this case, the proposed development will not meet the required setbacks for the zoning district without the approval of a variance. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER HARTT MOVED TO GRANT a variance from Section 17.18.050A of the Borough Code to permit a twenty-eight by thirty (28 x 30) foot storage, garage, and apartment addition to encroach one-half (5) foot into the required 3.8 foot front yard setback in a R1--Single- family Residential Zoning District on Lot 1A, Block 40, East Addition; and to adopt the findings contained in the staff report dated May 7, 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 exceptional physical circumstance applicable to this lot is the fact that it is located well above the grade of Rezanof Drive on a rocky piece of ground. The lot is slightly odd -shaped due to the manner in which a portion of right-of-way was vacated to provide onsite access and off-street parking for this lot and adjacent Lot 7A, Block 43, East Addition. More importantly is the shallow front yard (3.8 feet) which is due to the widening of the Rezanof Drive right-of-way. 2. Strict application of the zoning ordinances would result in Practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would not permit the encroachment of the front yard setback. This is an unnecessary hardship when the front yard area has been reduced by the widening of the Rezanof Drive right-of-way for the benefit of the public. In addition, staff feels that this request must be considered in terms of its relative significance. An encroachment of one-half (5) foot seems more significant when the front yard setback is only 3.8 feet. However, this calculation is due to averaging the setback of adjacent structures and staff seldom undertakes measurements of less than one (1) foot. This figure of one-half (5) foot is estimated by staff based on an examination of the site and is actually rounded up to the nearest half foot to avoid a smaller fractional figure and to allow for a margin of error. P & Z Minutes: May 16, 1990 IUBS227095 Page 18 of 27 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. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity. The granting of the variance will not be detrimental to the public's health, safety, or welfare. If the variance is granted, the addition to the existing structure will be consistent with the development on adjacent lots. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan which do not generally address such issues as setbacks. 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, the actions of the applicant have not caused special conditions or financial hardship from which relief is being sought by variance. The variance will be decided prior to construction. 6. That the granting of the variance will not permit a prohibited land use in the district involved. The granting of this variance will not permit a prohibited land use in the R1--Single-family Residential Zoning District. If the associated exception request is not granted, the applicant will have to limit the development to an addition to the existing single-family dwelling. 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. COMMISSIONER HENDEL RETURNED THE GAVEL TO CHAIRMAN HEINRICHS. H) Case 90-028. Request for review by the Planning and Zoning Commission in accordance with Section 18.20.030A (Review by the Planning Commission - Assembly Approval) and Section 18.50.010 (Permits Generally) of the Borough Code of a disposal of Borough land by permit (for $250.00 a year or the fair rental value, whichever is greater) for the construction and maintenance of a driveway access to Lot 2, Block 1, Shahafka Acres Subdivision. 490 Shahafka Circle (Kodiak Island Borough; Donald M. Swanson) DUANE DVORAK indicated 23 public hearing notices were mailed for this case and none were returned. This item was deleted from the agenda. 1) Case 90-029. Request for a variance from Section 17.33.050 (Yards) of the Borough Code to permit a fourteen by thirty-six (14 x 36) foot CT scan building to project fifteen (15) feet into the front yard setback on a P & Z Minutes: May 16, 1990 KIBS227096 Page 19 of 27 lot in the PL--Public Use Lands Zoning District. Lot 3, Block 1, Hospital Subdivision; 1915 Rezanof Drive East. (Kodiak Island Borough) 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: JOHN SALNESS, Kodiak Island Hospital Director, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a variance from Section 17.33.050 of the Borough Code to permit a fourteen by thirty- six (14 x 36) foot CT scan building to project fifteen (15) feet into the front yard setback in the PL--Public Use Lands Zoning District on Lot 3, Block 1, Hospital Subdivision; and to adopt the findings contained in the staff report dated May 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 exceptional physical circumstances or conditions applicable to the property or intended use of development is the fact that while the front lot line by Code definition is located on the Simeonoff Street side of the lot, the front of the lot for all practical purposes is along Rezanof Drive. In practice, the proposed location for the CT scan building more closely approximates a rear or side lot line in terms of site use. 2. Strict application of the zoning ordinances would result in Practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would not permit the location of the CT scan building in the proposed location. This would result in practical difficulties and unnecessary hardship for the hospital. Other areas of the lot are constrained by existing development and heavily used parking areas close to the main entries. As noted in the above finding, it would be more appropriate to evaluate the proposed location as a side or rear lot location due to the actual pattern of use on the property. While the CT scan building will eliminate four (4) off-street parking spaces, a recent count by Borough Engineering and Facilities Department staff indicates that there are currently sixty- five (65) off-street parking spaces to serve a Code requirement of forty-five (45) spaces. YJBS227097 P & Z Minutes: May 16, 1990 Page 20 of 27 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 nor be detrimental to the public's health, safety, or welfare. The proposed location will provide an adequate separation [ten (10) feet] from the adjacent residential lot. In addition, the provision of the CT scan itself will provide a benefit to the entire community. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan which identifies this area 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 case, the applicant has not caused special conditions or financial hardship from which relief is being sought by variance. The variance will be determined prior to construction of the CT scan building. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Hospital and related uses area permitted in the PL--Public Use Lands Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. J) Case S-90-021. Request for preliminary approval of the subdivision of Lot 6, Block 1, Miller Point Alaska Subdivision First Addition and replat to Lots 6A, 613, and 6C, Block 1, Miller Point Alaska Subdivision First Addition. 3383 Balika Lane (Michael W. Anderson) DUANE DVORAK noted that a "supplemental staff report" was distributed prior to the meeting due to a request from Kodiak Electric Association for an easement along all the road frontages. Mr. Dvorak also noted comments received from the Alaska Department of Transportation and Public Facilities stating that "local erosion control measures should be identified to minimize impact of slope changes." DUANE DVORAK indicated 37 public hearing notices were mailed and none were returned. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: MIKE ANDERSON, applicant, appeared before the Commission to answer any questions the Commission might have. The Commission and Mr. Anderson discussed the proposed driveway profile as delineated on the bluelines submitted with the application for preliminary approval. P & Z Minutes: May 16, 1990 HIBS227098 Page 21 of 27 Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT preliminary approval of the subdivision of Lot 6, Block 1, Miller Point Alaska Subdivision First Addition creating Lots 6A, 6B, and 6C, Block 1, Miller Point Alaska Subdivision First Addition, subject to the conditions of approval contained in the staff report dated May 16, 1990, and to adopt the findings contained in the staff report dated May 16, 1990, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Place the following note on the final plat: "The front yard setback for Lot 6C will be measured from the rear lot line of Lots 6A and 6B." 2. Provide a copy of the District Recorder Plat number on the final plat. 3. Create a five (5) foot wide utility easement along all road frontages for the lots created by this survey. 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. 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 and CARRIED by unanimous roll call vote. CHAIRMAN HEINRICHS recessed the meeting for ten (10) minutes. CHAIRMAN HEINRICHS reconvened the meeting at 9:15 p.m. K) Case S-90-023. Request for preliminary approval of the subdivision of Tract C, U.S. Survey 444 and replat to Lots 1 and 2, Tract C, U.S. Survey 444. 410 through 414 and 415 Mission Road (St. Herman's Theological Seminary) DUANE DVORAK indicated 57 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. DUANE DVORAK reported that the Alaska Department of Transportation and Public Facilities commented that "no new access should be allowed on Mission Road since this is a collector road with increasing traffic." Mr. Dvorak also reported that the City of Kodiak P & Z Minutes: May 16, 1990 KIBS227099 Page 22 of 27 Public Works Department might be able to incorporate an "as -built" survey of the property as a part of the Tagura Road upgrade project. Mr. Dvorak suggested a revision of condition of approval number one (1) and an additional condition of approval [number four (4)] be incorporated by the Commission. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO POSTPONE action on Case S-90-023 until the Commission's June 20, 1990 regular meeting. The motion was seconded. The Commission, with input from Community Development Department staff, discussed the motion. It was noted that the sixty (60) day timeframe for action on subdivision cases would expire prior to the June 20, 1990 regular meeting. COMMISSION HENDEL, with concurrence of the second, WITHDREW THE MOTION. COMMISSIONER HENDEL MOVED TO GRANT preliminary approval of the subdivision of Tract C, U.S. Survey 444 and replat to Lots 1 and 2, Tract C, U.S. Survey 444, adopting the findings contained in the staff report dated May 8, 1990 as "Findings of Fact" for this case, and subject to the following conditions of approval: CONDITIONS OF APPROVAL 1. Survey the remainder of Tract "C", U.S. Survey 444, to show as - built information for all developed roadways shown on the preliminary plat for dedication to public use, unless an existing roadway is to be vacated in favor of a proposed roadway, and show all proposed roadways for dedication to public use. 2. Obtain a waiver from the Kodiak Island Borough Engineering and Facilities Department for any utility service connections which cross a lot other than the lot being served by the connection or provide separate utility service connections for each individual lot. 3. Include an appropriate location map with the plat prior to final approval. 4. Assign lot numbers to all lots created by this survey. 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. P & Z Minutes: May 16, 1990 KIBS227100 Page 23 of 27 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 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 HEINRICHS MOVED TO AMEND THE MAIN MOTION by adding the following condition of approval: 5. The final plat must be returned to the Planning and Zoning Commission for review and approval of the lot configurations and right-of-way alignments prior to recording the final plat. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Survey the remainder of Tract "C", U.S. Survey 444, to show as - built information for all developed roadways shown on the preliminary plat for dedication to public use, unless an existing roadway is to be vacated in favor of a proposed roadway, and show all proposed roadways for dedication to public use. 2. Obtain a waiver from the Kodiak Island Borough Engineering and Facilities Department for any utility service connections which cross a lot other than the lot being served by the connection or provide separate utility service connections for each individual lot. 3. Include an appropriate location map with the plat prior to final approval. 4. Assign lot numbers to all lots created by this survey. 5. The final plat must be returned to the Planning and Zoning Commission for review and approval of the lot configurations and right-of-way alignments prior to recording 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. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. KIBS227101 P B Z Minutes: May 16, 1990 Page 24 of 27 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. VII. OLD BUSINESS A) Case S-88-029. Request for preliminary approval of the vacation of a platted fifty (50) foot wide road and utility easement from Sawmill Circle through Lots 2 and 3, Block 4, Monashka Bay Alaska Subdivision, and of the twenty-five (25) foot wide portion of the road and utility easement across the rear lot line of Lot 3, Block 4, Monashka Bay Alaska Subdivision. 1548 and 1626 Sawmill Circle (Fred P. Turcott; James A. Spalinger) (Postponed from the March 1990 regular meeting) COMMISSIONER HENDEL MOVED TO POSTPONE ACTION on Old Business Item A until the Commission's July 18, 1990 regular meeting when the Commission would take final action on Case S-88-029. The motion was seconded and CARRIED by unanimous voice vote. FRED TURCOTT appeared before the Commission and expressed support for this request. DUANE DVORAK reported that the Resource Management Officer has at least two (2) complex proposals from the surveyor regarding the options for the parcel of Borough property that is adjacent to Mr. Turcott's property. There was no further old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER HODGINS MOVED TO ACKNOWLEDGE RECEIPT of item A of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated April 26, 1990, to Robin Heinrichs, Chair, Kodiak Island Borough Planning and Zoning (P & Z) Commission from Steve Cowper, Governor, State of Alaska re: P & Z Resolution 90-02-R. There were no further communications. X. REPORTS COMMISSIONER HENDEL 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. KIBS227102 P & Z Minutes: May 16, 1990 Page 25 of 27 XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS The Commission discussed findings of fact in support of the denial of a variance - Case 90-023. COMMISSIONER HENDEL MOVED TO ADOPT the following findings of fact in support of the denial of a variance from Section 17.57.020A (Parking Requirements) of the Borough Code which would have permitted the construction of a service hanger for aircraft requiring four (4) off-street parking spaces per service stall when only two (2) off-street parking spaces could be located on the site (Lot 2A, U.S. Survey 3098): 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 circumstances or conditions applicable to the property are the irregular lot size and the intended use of the property as an aircraft service hangar to support an existing air charter service located on Lilly Lake. 2. Strict application of the zoning ordinances would result in Dractical r difficulties or unnecessary hardships. It is not readily apparent whether the strict application of the Zoning Ordinance requiring the provision of four (4) off-street parking spaces would constitute an unnecessary hardship and practical difficulty. This is due to the lack of detail in the site plan and the lack of information as to how the property will be used. 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 may be prejudicial or result in material damage to other properties in the vicinity and could be detrimental to the public safety and welfare. Use of this property as an aircraft hangar could result in parking greater than the two (2) off-street parking spaces requested and could cause overflow parking on the Mill Bay Road right- of-way or on adjacent lots. In addition, it is not clear whether vehicles could safely ingress and/or egress the property to and from Mill Bay Road at this location. Future development of Mill Bay Road might eliminate the utility of the two (2) off-street parking spaces, and it would not be desirable to consider another variance. In addition, the building may not always be used as a hangar, and it would not be possible to predict the future uses to which the building may be put. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan designation for this area is Light Industrial. Granting of a parking variance is not contrary to the objectives of the Comprehensive Plan. It is noteworthy that the proposed use would KTBS227103 P & Z Minutes: May 16, 1990 Page 26 of 27 replace the existing nonconforming single-family residence currently located on the lot. 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 conditions from which relief is being sought by a variance. The variance request will be decided before the project is initiated. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Aircraft repair, maintenance, and storage are permitted uses in the B-- Business Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. CHAIRMAN HEINRICHS explained the nature of his involvement with Case 90-027 in response to Commissioner Aspgren's earlier comments. Commissioner Heinrichs noted that the applicant was seriously ill and in order for the case to appear on the Commission's agenda he acted as the applicant's agent after reviewing applicable State Statutes and the Borough Code. XIII. ADJOURNMENT CHAIRPERSON HEINRICHS adjourned the meeting at 10:05 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: s4,c) 61 Jan Brenteson, Acting Secretary Community Development Department DATE APPROVED: JUNE 20, 1990 By: 41",,�.>L, Robin Heinrichs, Chair KIBS227104 P & Z Minutes: May 16, 1990 Page 27 of 27