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1990-06-20 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JUNE 20, 1990 MINUTES I. 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 June 20, 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 Jan Brenteson, Acting Secretary Wayne Coleman Community Development Department Tom Hendel Commissioners Absent: Jody Hodgins, Excused Jon Hartt, Excused A quorum was established. III. APPROVAL OF AGENDA Staff reported the following deletions to the agenda: AGENDA DELETIONS VI PUBLIC HEARINGS D) Case 90-033. An appeal of an administrative decision in accordance Section 17.68.020B (Appeals from Administrative Decisions) of the Borough Code of a decision ordering the discontinuation of an unlawful use of land (a duplex dwelling in a R1--Single-family Residential Zoning District) and conversion or removal of the additional unit within twenty (20) days. The appellant seeks relief in the form of an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit an existing duplex dwelling in the R1--Single-family Residential Zoning District. Lot 21, Sublot 6, U.S. Survey 3099; 2593 Metrokin Way. (John Ryan) COMMISSIONER HENDEL MOVED TO ACCEPT the agenda with the deletions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. KIBS227107 Page 1 of 11 P & Z Minutes: June 20, 1990 IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HENDEL MOVED TO ACCEPT the minutes of the May 16, 1990 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) Wayne Stevens appeared before the Commission to request consideration of an exception for his residence on Selief Lane. The Commission agreed to meet with Mr. Stevens at the work session scheduled for June 26, 1990. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 90-030. Request for a variance from Section 17.20.030E (Lot Width) and Section 17.36.030 (Nonconforming Lots of Record) of the Borough Code to permit a single-family dwelling with a five hundred (500) square foot efficiency apartment (duplex) to locate on a nonconforming lot of record [due to inadequate lot width of fifty-seven plus (57+) feet] in a R3-Multifamily Residential Zoning District. Lot 15A, Block 7, Leite Addition; 1427 Yanovsky Street. (Charles E. Saunders) DUANE DVORAK indicated 39 public hearing notices were mailed and 3 were returned, 2 without objection and 1 opposing this request. Staff recommended approval of this request. CHAIRPERSON HEINRICHS passed the gavel to Commissioner Hendel and requested a determination as to a potential conflict of interest. Commissioner Heinrichs stated that he has been working with Mr. Saunders as a consultant. Determination was made that no conflict existed since the outcome of the Commission's decision would not affect whether or not Commissioner Heinrichs received his salary. The gavel was returned to Commissioner Heinrichs. Regular Session Closed. Public Hearing Opened: CHARLES E. SAUNDERS appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT a variance from Sections 17.20.030B and 17.36.030 of the Borough Code to permit a single-family dwelling with a five hundred (500) square foot efficiency apartment (duplex) to locate on a nonconforming lot of record [due to inadequate lot width of fifty-seven plus (57+) feet] in a R3--Multifamily Residential Zoning District on Lot 15A, Block 7, Leite Addition; and to adopt the findings contained in the staff report dated June 7, 1990 as "Findings of Fact" for this case. KIBS227108 Page 2 of 11 P & Z Minutes: June 20, 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. In this case, the unique physical circumstance is the width [approximately fifty-seven (57) feet] of this nonconforming lot of record. Although this lot fails to meet the width requirement of the zoning code, it exceeds the minimum area requirement of 7,200 square feet for a duplex. (Although a portion of this lot is platted over the tidelands, this situation is not uncommon even for shoreline lots that have been recently created such as those in Tona Subdivision.) In addition, this lot is located in an older area of Kodiak where lot area and widths are commonly smaller than those required by the current zoning code. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships The strict application of the zoning code would only allow a single-family residence to be built on the lot. This is an unnecessary hardship as the lot was rezoned for multifamily uses (prior to being vacated and replatted to a larger area and width), and all other requirements of Title 17 such as height of structure, setbacks, and off-street parking will be met. In addition, the lot is less than three (3) feet short of having adequate lot width which is not a significant reduction considering that all other requirements of the zoning code will be met. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance will not result in material damage or prejudice to other properties in the area. The surrounding area is similarly zoned for multifamily residences. In addition, the applicant recently replatted the lot to increase the width of the lot to the maximum possible without creating another nonconforming lot, fifty-seven plus (57+) feet. All other Code requirements such as off-street parking, setbacks, and building construction standards will be met. Therefore, the public health, safety, and general welfare will not be compromised. 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 high density residential development. )0BS227109 Page 3 of 11 P & Z Minutes: June 20, 1990 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 did not cause the conditions from which relief is being sought by a variance. The lot was platted in 1952 and purchased by the applicant in 1983. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Multifamily residential land uses are permitted in this zoning district. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 90-031. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a fifty by one hundred (50 x 100) foot fishing gear storage and shop building with an apartment (single-family dwelling) to locate in a R2--Two-family Residential Zoning District. Proposed Lot 4C (existing Lot 4), Block 5, Miller Point Alaska Subdivision First Addition; 426 Neva Way. (Burton Parker; Robin Parker) DUANE DVORAK indicated 39 public hearing notices were mailed for this case and 2 were returned, stating non -objection to this request. Staff recommended denial of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: BURTON PARKER appeared before the Commission and expressed support for this request. BILL MAGNUSSON appeared before the Commission and expressed support for this request. RICHARD THUMMELL appeared before the Commission and expressed no objection to the request. SCOTT ARNDT appeared before the Commission and expressed no objection to the request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT the request for and exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a fifty by one hundred (50 x 100) foot fishing gear storage and shop building with an apartment (single-family dwelling to locate in a R2--Two-family Residential Zoning District. Proposed Lot 4C (existing Lot 4), Block 5, Miller Point Alaska Subdivision First Addition; 426 Neva Way; subject to the condition of approval contained in the staff report dated June 21, 1990; and to adopt the findings contained in the staff report dated June 21, 1990 as "Findings of Fact" for this case. KIBS227HO Page 4 of 11 P & Z Minutes: June 20, 1990 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 granting of an exception to allow a fifty by one hundred (50 x 100) foot fishing gear storage and small apartment building to locate in a R2--Two-family Residential Zoning District should not adversely affect the public's general health, safety, and welfare. The property has "grandfather rights" to store fishing gear on the lot proposed as well as on an adjacent lot. If the gear storage on proposed Lot 4C were to be stored inside, it would benefit the surrounding area, in terms of health and safety, to have as much of this fishing gear as possible inside a structure. It would also marginally improve the aesthetics of the area. However, this exception would not necessarily improve the general welfare as it would perpetuate a nonconforming commercial land use in the midst of a residential area that has not yet reached the optimal development density of the zoning district. Once this level of development is reached, the use of the property for commercial fishing gear storage may comprise a land use conflict that more than offsets the benefits noted above. B. The proposed use is not consistent with the general purposes and intent of Title 17 and with the specific description and intent of the Section 17.19.010 of the Borough Code as noted below. 17.19.010 Description and intent. The two-family residential district is established as a land use district for single-family and two-family residential dwellings and limited office uses where public water and sewer services are available. For the two-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 and two-family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single- family and two-family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provision of this chapter; KIBS227111 Page 5 of 11 P & Z Minutes: June 20, 1990 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 services can systematically and adequately be provided. The Code does not allow for commercial fishing gear storage in the R2--Two-family Residential Zoning District C. The proposed use, while not fitting with the character of the R2--Two-family Residential Zoning District, would not result in any adverse impacts to the surrounding properties presently developed. This is due to the potential benefits noted in Section A above. However, as the area continues to develop and the proposed lot is continuously used for commercial fishing gear storage, these perceived benefits may be diminished as the density of development brings residential land uses much closer together. In addition, even though the Building Official can require commercial building standards (by virtue of the exception), the fire loading potential of a commercial structure could pose a threat to surrounding residential uses. The requirement of screening as a mitigation measure could be effective in providing a physical barrier between the proposed gear storage and shop building with apartment and neighboring land uses; however, since the lot is below road grade and other properties overlook the site, this would be only a partial measure. It should be noted that this area was rezoned to R2--Two-family Residential in 1985 and has many nonconforming uses as well as structures still in evidence. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HENDEL MOVED TO AMEND THE MAIN MOTION to restrict the building size to 40 x 80. 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. C) Case 90-032. Request for an exception from Section 17.13.020 (Permitted Uses) of the Borough Code to permit a duplex dwelling (one unit to house hatchery manager and family and one smaller unit for additional personnel and office space) in a C--Conservation Zoning District. Portion of Tract C of BLM Tract D, Section 30, Township 27 South, Range 19 West, Seward Meridian; generally known as the Pillar Creek Hatchery Site. (Kodiak Island Borough; Alaska Department of Fish and Game; Kodiak Regional Aquaculture Association) KIBS227112 Page 6 of 11 P & Z Minutes: June 20, 1990 DUANE DVORAK indicated 7 public hearing notices were mailed for this case and 1 was returned, in opposition to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: LONNIE WHITE appeared before the Commission and expressed support for this request. HERMAN BUEKERS appeared before the Commission and spoke in opposition to this request. SCOTT ARNDT appeared before the Commission and spoke in opposition to the request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO TABLE action on this request until the July 18, 1990 regular meeting of the Commission. Prior to that time the request will be discussed at the June, 27, 1990 Work Session. The motion was seconded and CARRIED by unanimous roll call vote. D) Case 90-033. An appeal of an administrative decision in accordance with Section 17.68.020B (Appeals from Administrative Decisions) of the Borough Code of a decision ordering the discontinuation of an unlawful use of land (a duplex dwelling in a R1--Single-family Residential Zoning District) and conversion or removal of the additional unit within twenty (20) days. This item was deleted from the agenda. E) Case 90-034. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit a solid waste disposal site (for ash dumping only) in a C--Conservation Zoning District. Portion of Section 12, Township 29 South, Range 23 West, Seward Meridian; generally known as the Terror Lake Hydroelectric Project. (Kodiak Island Borough; Alaska Energy Authority) DUANE DVORAK indicated 9 public hearing notices were mailed and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: TOM ARMINSKI appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO GRANT a conditional use permit in accordance with Section 17.13.030 of the Borough Code to Page 7 of 11 KIBS227113 P & Z Minutes: June 20, 1990 permit a solid waste disposal site (for ash dumping only) in a Conservation Zoning District on a Portion of Section 12, Township 29 South, Range 23 West, Seward Meridian (generally known as the Terror Lake Hydroelectric Project); subject to the condition of approval contained in the staff report dated June 7, 1990; and to adopt the findings contained in the staff report dated June 7, 1990 as "Findings of Fact" for this case. CONDITION OF APPROVAL All restrictions and/or stipulations contained in the Alaska Department of Environmental Conservations permit for the operation of this sanitary landfill are hereby incorporated as conditions of approval for this conditional use permit. FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. It appears that the conditional use will preserve the value, spirit, character, and integrity of the surrounding area. The landfill will directly support the Terror Lake hydroelectric dam operation which would not otherwise have a feasible waste disposal alternative other than to ship the wastes out to an approved disposal site elsewhere. The proposed landfill site is not located near any other zoning districts thereby minimizing potential land use conflicts. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question The proposed use will fulfill all other requirements of the C-- Conservation Zoning District such as setbacks and minimum lot size. This is because the landfill will be located on a large tract of unsubdivided land that is in single ownership. This activity, if allowed by the Alaska Department of Environmental Conservation (ADEC), will be authorized by a specific permit. 3. That aranting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use should not be harmful to the public's health, safety, convenience, or comfort. The proposed facility is located well away from other zoning districts which are potentially incompatible with this land use. As identified in Section 1 above, the landfill will provide a nearby waste disposal site for the existing Terror Lake hydroelectric dam operation which would eliminate the need to ship the ash to another disposal site. 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. The proposed landfill area is remote and located a good distance away from any nearby land uses. Incineration of wastes prior to placement in the landfill will remove most potential pollutants KIBS227114 Page 8 of 11 P & Z Minutes: June 20, 1990 from the residual ash and reduce the volume of solid waste to approximately one -tenth (1/10) of its original volume. Incineration to ash will help reduce the potential for leachates to seep into the local ground water system. Additional safeguards will be provided through the applicable regulations of the Alaska Department of Environmental Conservation. The motion was seconded and CARRIED by unanimous roll call vote. F) Case 5-90-024. Subdivision of Lot 26, Russian Creek Alaska Subdivision and replat to Lots 26A, 26B, and 26C, Russian Creek Alaska Subdivision. 1086 Panamaroff Creek Drive (Henry F. Morgan; John N. Marholec) DUANE DVORAK indicated 18 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: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT preliminary approval of the Subdivision of Lot 26, Russian Creek Alaska Subdivision and replat to Lots 26A, 26B, and 26C, Russian Creek Alaska Subdivision, subject to the condition(s) of approval contained in the staff report dated June 12, 1990 and to adopt the findings contained in the staff report dated June 12, 1990 as "Findings of Fact' for this case. CONDITION OF APPROVAL 1. Obtain subdivision approval from the Alaska Department of Environmental Conservation prior to final plat approval by the Kodiak Island Borough. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of 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. Staff recommends approval of this request subject to condition(s) of approval. KIBS227115 Page 9 of 11 P & Z Minutes: June 20, 1990 The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS VIII. NEW BUSINESS There was no new business. IX. 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. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS The Commissioners discussed revised Finding of Fact for Case 90-030. COMMISSIONER ASPGREN MOVED TO ADOPT revised Findings of Fact. 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 granting of an exception to allow a forty by eighty (40 x 80) foot gear storage and small apartment building to locate in a R2-- Two-Family Residential Zoning District should not adversely affect the public's general health, safety and welfare. The property has "grandfather rights" to store fishing gear on the lot proposed as well as an adjacent lot. If the gear on Lots 413 and 4C were to be stored inside, it would benefit the surrounding area, in terms of health and safety, to have as much of this fishing gear as possible inside a structure. It would also marginally improve the aesthetics of the area. B. The approval of a smaller gear storage building [forty by eighty (40 x 80) feet] on a larger size lot (23,200 square feet) will be consistent with the general purpose and intent of Title 17. This is due to the fact that the gear storage building and apartment would not increase the density of development. In addition, the exception will improve the existing conditions in the area by Page 10 of 11 KIBS227116 P & Z Minutes: June 20, 1990 eliminating a large portion of a non conforming outdoor gear storage in the R2--Two-Family Residential Zoning District. C. The proposed use will comply with the character of the R2--Two- Family Residential Zoning District better than the existing outdoor gear storage due to the benefits noted in Section A above. The motion was seconded and CARRIED by unanimous roll call vote. XIII. ADJOURNMENT ATTEST am CHAIRPERSON HEINRICHS adjourned the meeting at 9:30 p.m. Patricia Eads, Secretary Community Development Department DATE APPROVED: July 18, 1990 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: lCl1(Oi A di.�� Robin Heinrichs, Chair KIBS227117 Page 11 of 11 P & Z Minutes: June 20, 1990