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1990-10-17 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - OCTOBER 17, 1990 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by Chair Robin Heinrichs on October 17, 1990, in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Robin Heinrichs, Chair Jon Aspgren Bruce Barrett Wayne Coleman Tom Hendel Commissioners Absent: Jon Hartt, Excused Jody Hodgins, Excused A quorum was established. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Patricia Eads, Secretary Community Development Dept. Staff reported the following additions to the agenda: IX COMMUNICATIONS A) Letter dated September 20, 1990, to Mayor Bob Brodie from Joanne Demke, President, Kodiak Chamber of Commerce, re: downtown parking. B) Letter dated September 27, 1990, to Mary Bixby, OMB- DGC, from Linda L. Freed, re: Kodiak Island Borough Coastal Management Program - FY90 Annual Report. C) Letter dated September 27, 1990, to Alison L. Smith, OMB-DGC, from Linda L. Freed, re: Womens Bay 20 - Lot 22, Block 1, Russian Creek Alaska Subdivision - SID AK 900911-07A. D) Letter dated October 1, 1990, to Norman and Margaret Sutliff from Duane Dvorak, re: change of use for structure located on Lot 1, Block 19, Kodiak Townsite. COMMISSIONER HENDEL MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. KIBS227216 P & Z Minutes: October 17, 1990 Page 1 of 33 IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HENDEL MOVED TO ACCEPT the minutes of the September 18, 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 There were no audience comments. A) Case S-88-036. Request for a one (1) year extension of preliminary approval of the subdivision of Lot 113, Holland Acres Subdivision First Addition creating Lots 113-1 and 1B-2, Holland Acres Subdivision First Addition. 140 Island Lake Road, 2975 Mill Bay Road. (William R. Berkenbile) BILL BERKENBILE appeared before the Commission to address the condition requiring appropriate screening "where a business is adjacent to a residential use or district, that business shall provide and maintain screening as approved by the Planning and Zoning Commission." Mr. Berkenbile stated that the adjacent property owner's view would be hindered if the screening requirement were applied in this case. CHAIR HEINRICHS noted that during the process of final plat approval, the Commission could approve a screening plan that had no screening. COMMISSIONER HENDEL MOVED TO GRANT a one (1) year extension of preliminary approval for the previously approved subdivision of Lot 1B, Holland Acres Subdivision First Addition creating Lots 113-1 and 113-2, Holland Acres Subdivision First Addition; and to confirm the conditions of approval contained in the original approval of Case S-88-036. CONDITIONS OF APPROVAL 1. The applicant must terminate the existing water service between the business and the duplex, and install a new water service for Lot 113-1 (duplex) before submission of the final plat. 2. The shed located along the rear lot line must be relocated to conform with the five (5) foot rear and side yard setback requirements for accessory buildings. 3. A parking plan consisting of three spaces for the business on proposed Lot 113-2 must be submitted to and approved by the Community Development Department prior to filing of the final plat. A screening plan must also be submitted and reviewed by staff, with staff to make a recommendation for appropriate screening for approval by the Commission, in accordance with Kodiak Island Borough Code Section 17.21.050.C: "Screening. Where a business is adjacent to a residential use or district, that business shall provide and maintain screening as approved by the Planning and Zoning Commission." P & Z Minutes: October 17, 1990 KIBS227217 Page 2 of 33 The motion was seconded and CARRIED by unanimous voice vote. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 90-054. Request for the rezoning of five (5) tracts of land (approximately 165 acres) located within Lots 15 and 24, U.S. Survey 2539 from C--Conservation to I --Industrial, B--Business, and RRl--Rural Residential One in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. Generally located in the area commonly known as Swampy Acres. (Postponed from the September 1990 regular meeting) (Natives of Kodiak Inc.; Tony Drabek) LINDA FREED indicated 9 public hearing notices were mailed and 1 was returned opposing this request. Staff recommended postponement of this request until the November 21, 1990, regular meeting. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRE'IT MOVED TO POSTPONE action on Case 90-054 until the November 21, 1990, regular meeting and to schedule Case 90-054 for another public hearing. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 90-068. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit a fourteen (14) foot by forty-six (46) foot addition to an existing nonconforming repair shop located in the Rl--Single-family Residential Zoning District. Lot 23B, U.S. Survey 3099. 2657 Metrokin (Wayne Coleman) COMMISSIONER COLEMAN declared that he was the applicant in this case and therefore had a conflict of interest. CHAIR HEINRICHS excused COMMISSIONER COLEMAN. LINDA FREED indicated 34 public hearing notices were mailed for this case and 2 were returned opposing this request. Staff provided the Commission with options for either approval (subject to conditions) or denial of this request. Ms. Freed also reported that the building official had expressed concerns with the present structure; the building official believes that the present structure does not meet building and fire code standards. Regular Session Closed. Public Hearing Opened: KIBS227218 P & Z Minutes: October 17, 1990 Page 3 of 33 WAYNE COLEMAN appeared before the Commission and expressed support for this request. The Commission and Mr. Coleman discussed the request in detail. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT an exception from Section 17.18.020 of the Borough Code to permit a fourteen (14) foot by forty-six (46) foot addition to an existing nonconforming repair shop located in the Rl--Single-family Residential Zoning District on Lot 23B, U.S. Survey 3099; subject to the conditions of approval contained in the staff report dated October 8, 1990; and to adopt Findings of Fact Al, B1, and C1, contained in the staff report dated October 8, 1990. The motion DIED for the lack of a second. The Commission discussed its options. COMMISSIONER BARR= MOVED TO GRANT an exception from Section 17.18.020 of the Borough Code to permit a fourteen (14) foot by forty-six (46) foot addition to an existing nonconforming repair shop located in the Rl--Single-family Residential Zoning District on Lot 23B, U.S. Survey 3099; subject to the conditions of approval contained in the staff report dated October 8, 1990; and to adopt Findings of Fact Al, B1, and C1, contained in the staff report dated October 8, 1990. CONDITIONS OF APPROVAL 1. The expansion of the existing nonconforming commercial land use on Lot 23B will be subject to the applicant meeting the requirements for a commercial use as set forth in Chapter 17.21 (B--Business Zoning District) and Chapter 17.57 (Off-street parking). 2. The applicant must submit a parking plan to the Community Development Department for review and approval prior to issuance of zoning compliance. This plan will specifically show the relocation of the existing parking in front of the structure to a location wholly on the Lot 23B. In addition, the parking plan will show that adequate off-street parking is available on Lot 23B for the expanded commercial use. 3. A screening plan for the Lot 23B will be submitted to the Planning and Zoning Commission for review and approval prior to construction of the proposed addition to the existing commercial land use. 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) P & Z Minutes: October 17, 1990 KIBS227219 Page 4 of 33 be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. Al. The use of the structure on Lot 23B for a nonconforming vehicle repair shop will not endanger the public's health, safety, or general welfare. This land use has occupied this location for at least twenty-four (24) years and there have only been two (2) minor off-street parking violations documented by staff during this time. Enlargement and improvement of the existing structure and use on this lot will be accomplished in accordance with the appropriate zoning codes, building codes, and conditions of approval placed on this request by the Planning and Zoning Commission. Such conditions may address any aspect of the use not clearly addressed under the zoning code, such as screening and off-street parking. B1. The use of Lot 23B for a nonconforming -vehicle repair shop is not consistent with the general purposes and intent of Title 17 of the Borough Code. Section 17.18.010 (Description and Intent) as shown below does not encourage the promulgation and or enlargement of nonconforming commercial uses in the Rl--Single-family Residential Zoning District. 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 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 KIBS22722O P & Z Minutes: October 17, 1990 Page 5 of 33 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. ,— With appropriate conditions of approval, the use proposed for expansion would not interfere with the development or continuation of single-family dwellings in the district. Based on the record of this property, it appears that the use of the property for a vehicle repair operation was generally permitted by a previous exception. In this case, the existing use of the property for vehicle repair could continue indefinitely, to the extent currently permitted. This would even permit the replacement of the existing structure, even though it would not necessarily permit expansion. While this might encourage the discontinuance of the existing use which is not permitted in this zoning district, it would not provide for any beneficial improvements that would require the use to fit more compatibly with the surrounding residential developments. Cl. Granting this exception will not adversely impact other properties or uses in the neighborhood if r— suitable conditions of approval are required. The use and improvements on the lot should, at a minimum, meet the standards required for a commercial use in the B--Business Zoning District. If required as a condition of approval, this would insure that adequate off-street parking is available for the use and that the use is adequately screened from the adjacent residential lots and uses. The existing building encroaches about two and one-half (2.5) feet into the required ten (10) foot side yard setback for a corner lot (along Metrokin Way). This does not permit the vehicles routinely parked in front of the building to get completely out of the right-of-way. A new parking plan should be required to provide for off-street parking of all vehicles on the lot. Enlargement of the nonconforming structure and use will improve the looks of the area by getting more of this operation inside a structure. The encroachment by the proposed addition as well as the existing structure is permitted by a previously granted variance which accompanied the original exception for the use of this property. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER COLEMAN returned to the Planning and Zoning Commission. KIBS227221 P & Z Minutes: October 17, 1990 Page 6 of 33 C) Case 90-069. Request for an exception in accordance with Section 17.03.060.A (Zoning Compliance) of the Borough Code to permit the infill of five (5) lots to near road level in the R2-- Two-family Residential Zoning District. Lots 40, 41, 47, 48, and 49, Block 12, Aleutian Homes Subdivision. 621, 711, 811, 813, and 815 Lower Mill Bay Road. (Samuel Graber) ,. LINDA FREED indicated 124 public hearing notices were mailed for this case and 4 were returned, 1 in favor and 3 opposing this request. Staff recommended denial of this request due to the lack of adequate information. Ms. Freed also reported that staff had sent the applicant a letter requesting additional information as requested by the Commission at the packet review worksession. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETr MOVED TO POSTPONE action on Case 90-069 until the November 21, 1990, regular meeting and to schedule Case 90-069 for another public hearing. The motion was seconded and CARRIED by unanimous voice vote. D) Case 90-070. Request for an exception from Section 17.36.030 (Nonconforming Lots of Record) of the Borough Code to permit the conversion of an existing single-family residence on a nonconforming lot of record (due to substandard lot width and area) to a duplex [single-family dwelling with a twenty-four (24) foot by twenty-four (24) foot apartment] in a R2--Two-family Residential Zoning District. Lot 19, Block 13, Aleutian Homes Subdivision. 616 Lower Mill Bay Road. (Ben Justiniano) LINDA FREED indicated 57 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 ASPGREN MOVED TO GRANT an exception from Section 17.36.030 of the Borough Code to permit the conversion of an existing single-family residence on a nonconforming lot of record to a duplex [single-family dwelling with a twenty-four (24) foot by twenty-four (24) foot apartment] in a R2--1\vo-family Residential Zoning District on Lot 19, Block 13, Aleutian Homes Subdivision; and to adopt the findings KIBS227222 P & Z Minutes: October 17, 1990 Page 7 of 33 contained in the staff report dated October 4, 1990, as "Findings of Fact" for this case. FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) r-- 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. Granting of the exception will not endanger the public's health, safety or general welfare as all improvements to the existing single-family residence will meet the applicable building, plumbing, electrical and fire codes. B. Granting of the exception will not be contrary to the general purposes or intent of Title 17 (Zoning) of the Borough Code. Duplexes are normally a permitted use in the R2--Two-family Residential Zoning District when the lot area and width meet the minimum requirements of the district. Although this lot is deficient in terms of lot area, it meets all setbacks of the current code and can provide adequate off-street parking for a duplex dwelling. r— Granting of the exception will not be contrary to the objectives of the comprehensive plan which identifies this area for Medium Density Residential Development. C. Granting of the exception will not result in material damage or prejudice to other properties in the area. Most of the surrounding area is zoned R2--Two- family Residential, which permits a variety of land uses, including low to medium density residential, offices, clinics, churches, schools, beauty shops, and parks and playgrounds. Current land uses nearby this lot include several single-family residences, outdoor storage across the street, and a Cemetery behind the lot. In most cases in this area, an increase in density could only be achieved with redevelopment of the property. Because this house conforms to the current code requirements, redevelopment and/or consolidation is not appropriate or necessary in this case. Staff notes that with two off-street parking spaces located in a two -car garage and two additional off- street spaces in front of the garage, there is adequate off-street parking to meet the minimum parking requirement for a duplex (four off-street parking spaces total). The existing footprint of the structure will not change as a result of this request. The structure meets all setback requirements of the R2--Two-family Residential Zoning District (the front KIBS227223 P & Z Minutes: October 17. 1990 Page 8 of 33 yard setback is the product of averaging adjacent main structures). The motion was seconded and CARRIED by unanimous roll call vote. E) Case 90-071. Request for a variance from Section 17.19.040.A (Yards) of the Borough Code to permit the construction of a twenty-six (26) foot by thirty-eight (38) foot two-story, single- family dwelling, which will encroach no more than five (5) feet into the required seven (7) foot front yard setback (setback determined by averaging) in a R2--Two-family Residential Zoning District. Lot 13, Block 34, East Addition. 820 Tagura Road. (Larry Baker) LINDA FREED 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. Regular Session Closed. Public Hearing Opened: LARRY BAKER appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT a variance from Section 17.19.040.A of the Borough Code to permit the construction of a twenty-six (26) foot by thirty-eight (38) foot two-story, single-family dwelling, which will encroach no more than five (5) feet into the required seven (7) foot front yard setback in a R2--Two-family Residential Zoning District on Lot 13, Block 34, East Addition; and to adopt the findings contained in the staff report dated October 10, 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 applicable to the property are the nonconforming lot size, the steep topography which slopes from Tagura Road to the proposed Marine Way right-of-way, and the fact that the property does not front on a developed public right-of-way access. Because of the steep topography, the applicant planned to build on a rock shelf that was thought to be just below the surface of the ground. The underlying rock was found to be deeper in the ground than originally expected. In addition, the shelf did not project as far towards the rear of the lot as expected. KIBS227224 P & Z Minutes: October 17, 1990 Page 9 0[ 33 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 development of a reasonably sized single-family dwelling on the property. In addition, if the property owner goes forward with the project and tries to lay a foundation along the edge of the rock, the house will be more vulnerable to potential earthquake and tsunami damage or sloughing of rock on the lot. This constitutes an unnecessary hardship due to the fact that other dwellings and structures in the area are encroaching the right-of-way itself. Constructing the house in the original location and at the size proposed would result in practical difficulties as well as contributing to several possible conditions that would lower the safety of the structure. 3. The granting of the variance will not result in material damages or preiudice to other properties in the vicinitv nor be detrimental to the public's health, safety welfare. Granting of the variance will not result in material damage or prejudice to other properties in the area. The development would be required to meet all other setbacks as indicated on the original zoning compliance for the project. Staff notes that a variance for a parking deck has already been requested of and approved by the Commission. As a result, adequate parking will be available for this single-family dwelling. 4. The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which does not address minor development standards such as setbacks and required yards. 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 the conditions from which relief is sought by a variance. The applicant will not take any action until this variance request has been decided. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family dwellings are a permitted use in the R2-- Two-family Residential Zoning District (even on nonconforming lots of record). ,0,wai225 P & Z Minutes: October 17. 1990 Page 10 of 33 The motion was seconded and CARRIED by unanimous roll call vote. F) Case 90-072. Request for the rezoning of Lots 8 and 9 and a Portion of Lot 10 adjacent to Lots 8 and 9, Block 3, Lakeside Subdivision from I --Industrial and PL--Public Use Lands to R2-- Two-family Residential and a twenty-five (25) foot strip of Lot 7 adjacent to Lot 8, Block 3, Lakeside Subdivision from I -- Industrial to PL--Public Use Lands in accordance with Section 17.72 (Manner of Initiation) of the Borough Code. 2095, 2185, and 2207 Selief Lane. (Kodiak Island Borough Assembly) (Prior Case 90-007) LINDA FREED indicated 17 public hearing notices were mailed for this case and 1 was returned from the Kodiak City Council, requesting an 85 foot wide greenbelt adjacent to Lot 8. Staff recommended forwarding this request to the Assembly recommending approval of this request. Ms. Freed also reported that the request would appear on the Assembly's October 18, 1990, agenda. Regular Session Closed. Public Hearing Opened: SCOTT ARNDT appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lots 8 and 9 and that Portion of Lot 10 adjacent to Lots 8 and 9, Block 3, Lakeside Subdivision from I --Industrial and PL--Public Use Lands to R2--Two-family Residential and a twenty-five (25) foot strip of Lot 7 adjacent to Lot 8, Block 3, Lakeside Subdivision from I --Industrial to PL--Public Use Lands in accordance with Section 17.72 of the Borough Code; and to adopt the findings contained in the staff report dated October 9, 1990, as "Findings of Fact" for this case. The motion was seconded and FAILED by majority roll call vote. Commissioners Heinrichs, Barrett, Aspgren, and Hendel voted ..no... The Commission deferred adoption of findings of fact in support of their decision until the New Business portion of the agenda. G) Case S-90-034. Request for preliminary approval of the subdivision of Lot 12, U.S. Survey 3101, creating Lots 12A, 12B, and 12C, U.S. Survey 3101, 3789 Spruce Cape Road (Natalie and Jeremy Jack) LINDA FREED indicated 17 public hearing notices were mailed and 1 was returned stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. P & Z Minutes: October 17, 1990 KIBS227226 Page 11 of 33 Public Hearing Opened: GIL BAIN appeared before the Commission and expressed support for this request with modifications to the proposed flag stem. JANET BAIN appeared before the Commission and expressed support for this request with modifications to the proposed flag stem. ROBIN PARKER, Associated Island Brokers, appeared before the Commission and expressed support for this request. Public Hearing Closed, Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT preliminary approval of the subdivision of Lot 12, U.S. Survey 3101, creating Lots 12A, 12B, and 12C, U.S. Survey 3101; subject to the conditions of approval contained in the staff' report dated October 10, 1990, and to adopt the findings contained in the staff report dated October 10, 1990, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. A parking plan for Lot 12A must be reviewed and .— approved by the Community Development Department prior to final approval of the plat. 2. A driveway plan for Lot 12C must be reviewed and approved by the Kodiak Island Borough Engineering/Facilities Department prior to final approval of the plat. 3. The dwelling on Lot 12A must be connected to the public sewer system and said connection approved by the Kodiak Island Borough Engineering/Facilities Department. 4. Show the flagstem for Lot 12C as a utility easement. 5. Place two notes on the final plat as follows: A. "No further subdivision of Lot 12C is permitted." B. "The front yard setback for Lot 12C shall be calculated from the rear lot lines of Lots 12A and 12B." 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 will meet the requirements of Title 17 of the Borough Code when all conditions of approval have been met. KIBS227227 P & Z Minutes: October 17, 1990 Page 12 of 33 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 HENDEL MOVED TO AMEND THE MAIN MOTION by changing the conditions of approval to read: CONDITIONS OF APPROVAL 1. A parking plan for Lot 12A must be reviewed and approved by the Community Development Department prior to final approval of the plat. 2. A driveway plan for Lot 12C must be reviewed and approved by the Kodiak Island Borough Engineering and Facilities Department prior to final approval of the plat. 3. The dwelling on Lot 12A must be connected to the public sewer system and the connection to the public sewer system must be approved by the Kodiak Island Borough Engineering and Facilities Department. 4. Show the flagstem for Lot 12C as an access and utility easement serving Lots 12A, 12B, and 12C. 5. Place the following notes on the final plat: A. "No further subdivision of Lot 12C is permitted." B. "The front yard setback for Lot 12C shall be calculated from the rear lot lines of Lots 12A and 12B." 6. Relocate the flagstem for Lot 12C between Lots 12A and 12B. 7. The final plat shall be reviewed by the Planning and Zoning Commission prior to final approval. The final plat shall be sent to the "preliminary plat reviewing agencies" prior to final review by the Planning and Zoning Commission. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by changing the findings of fact to read: P & Z Minutes: October 17, 1990 KIBS'227228 Page 13 of 33 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 will meet the requirements of Title 17 of the Borough Code when all conditions of approval have been met. 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. 5. Planning and Zoning Commission's concerns about adequacy of parking on Lot 12A and the power pole located in the proposed flagstem. The AMENDMENT was seconded and CARRIED by unanimous voice vote. r— The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. I� Case S-90-036. Request for preliminary approval of the vacation of Lots 7A and 7B, Block 4, Miller Point Subdivision First Addition and replat to Lots 7A1 and 7A2, Block 4, Miller Point Subdivision First Addition. 3438 and 3428 Eider Street (Marcella Dillon) LINDA FREED indicated 55 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: MARCELLA DILLON appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARR= MOVED TO GRANT preliminary approval of the vacation of Lots 7A and 713, Block 4, Miller Point Subdivision First Addition and replat to Lots 7A1 and 7A2, Block 4, Miller Point Subdivision First Addition; and to adopt the findings contained in the staff report dated October 10, 1990, as "Findings of Fact" for this case. KIBS227229 P & Z Minutes: October 17, 1990 Page 14 of 33 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. 1) Case S-90-037. Request for preliminary approval of the vacation of a portion of a ten (10) foot wide utility easement along the rear lot line (in order to clear the structural encroachment) of Lot 11, Block 6, Aleutian Homes. 403 Fir Avenue (Christopher and Elaine Bublitz) LINDA FREED indicated 86 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 COLEMAN MOVED TO GRANT preliminary approval of the vacation of a portion of a ten (10) foot wide utility easement along the rear lot line (in order to clear the structural encroachment) of Lot 11, Block 6, Aleutian Homes Subdivision, subject to the conditions of approval contained in the staff report dated October 9, 1990, and to adopt the finding contained in the staff report dated October 9, 1990, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Show the dimensions of the portion of the easement being vacation on the final plat. 2. This vacation must be approved by the Kodiak City Council per Section 16.60.060 A (Additional Approval Required) of the Borough Code as follows: KIBS227230 P & Z Minutes: October 17, 1990 Page 15 of 33 16.60.060 Additional Approval Required A. A decision to grant a vacation is not effective unless approved by the City Council if the vacated area is within a city, or by the Assembly if the vacated area is within the Borough outside a city. The Council or Assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the Council or Assembly shall be considered to have been given to the vacation. FINDING OF FACT 1. The vacation or a portion of the utility easement will not adversely affect utility companies in their ability to provide adequate service to the public in this area. The motion was seconded and CARRIED by unanimous roll call vote. J) Case 8-90-038. Request for preliminary approval of the subdivision of Lot IA, Block 1, Tract M, U.S. Survey 3218, creating Lots lAl and 1A2, Block 1, Tract M, U.S. Survey 3218. 2597 Mill Bay Road (Alagnak, Inc.) LINDA FREED indicated 12 public hearing notices were mailed 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 ASPGREN MOVED TO GRANT preliminary approval of the subdivision of Lot IA, Block 1, Tract M, U.S. Survey 3218, creating Lots IAl and 1A2, Block 1, Tract M, U.S. Survey 3218; subject to the condition of approval contained in the staff report dated October 9, 1990 and to adopt the findings contained in the staff report dated October 9, 1990 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Show a ten (10) foot electrical easement on the final plat surrounding the three (3) transformers located on Lots IA- 1 and IA-2, to the extent that no portion of the existing structures in the lot will encroach said easements. 2. Show the airport edge of the approach surface -glide zone, if it affects any portion of these lots. KIBS227231 P & Z Minutes: October 17, 1990 Page 16 of 33 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. H) Case 8-90-039. Request for preliminary approval of the subdivision of Lot 3, Block 3, Shahafka Acres Subdivision First Addition, creating Lots 3A and 313, Block 3, Shahafka Acres Subdivision First Addition. 2993 Cove Drive, 437 Island Lake Road (Russell Welborn) LINDA FREED indicated 33 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: BOB TARRANT, representing Russell Welborn, appeared before the Commission and expressed support for this request. Mr. Tarrant requested that condition of approval number 1 be extended to two (2) years and that condition of approval number 5 be deleted. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT preliminary approval of the subdivision of Lot 3, Block 3, Shahafka Acres Subdivision First Addition, creating Lots 3A and 313, Block 3, Shahafka Acres Subdivision First Addition; to adopt the findings contained in the staff report dated October 10, as "Findings of Fact" for this case; and subject to the following conditions of approval: CONDITIONS OF APPROVAL 1. Within thirty (30) days of preliminary approval, obtain a building permit for the upgrade of the accessory building located on Lot 3B to a single-family residence or the P & Z Minutes: October 17, 1990 KIBS227232 Page 17 of 33 construction of a new single-family dwelling and obtain a certificate of occupancy within one (1) year of the date of preliminary approval. 2. Provide topography for the site at a minimum of five (5) foot contour interval prior to final approval of the plat. 3. Provide additional utility information, as determined to be appropriate by the Kodiak Island Borough Engineering and Facilities Department, for the lots created by this subdivision prior to final approval of this plat. 4. Provide a drainage plan to the Kodiak Island Borough Engineering and Facilities Department for review and approval prior to final approval and filing of the plat. FINDINGS OF FACT 1. This plat will meet the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code when conditions of preliminary approval have been met. 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. COMMISSIONER BARR= MOVED TO AMEND THE MAIN MOTION, changing the conditions of approval to read: OF APPROVAL 1. Within thirty (30) days of preliminary approval, obtain a building permit for the upgrade of the accessory building located on Lot 3B to a single-family residence or the construction of a new single-family dwelling and obtain a certificate of occupancy within one (1) year of the date of preliminary approval. 2. Provide topography for the site at a minimum of five (5) foot contour interval prior to final approval of the plat. 3. Provide additional utility information, as determined to be appropriate by the Kodiak Island Borough Engineering and Facilities Department, for the lots created by this subdivision prior to final approval of this plat. P & Z Minutes: October 17, 1990 KIBS227233 Page 18 of 33 4. Provide a drainage plan to the Kodiak Island Borough Engineering and Facilities Department for review and approval prior to final approval and filing of the plat. 5. Place a note on the final plat which states: "No further culverting, channelization, or fill of the stream is permitted." 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. L) Case S-90-040. Request for preliminary approval of the vacation of Lots 16 and 17, Block 30, East Addition and replat to Lots 17A and 17B, Block 30, East Addition. 610 Rezanof Drive East and 611 Mission Road (Frances Iani) LINDA FREED indicated 24 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 ASPGREN MOVED TO GRANT preliminary approval of the vacation of Lots 16 and 17, Block 30, East Addition and replat to Lots 17A and 17B, Block 30, East Addition; subject to the condition of approval contained in the staff report dated October 10, 1990; and to adopt the findings contained in the staff report dated October 10, 1990, as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Submit a driveway plan to the City of Kodiak Building Official for review and approval prior to filing 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. P & Z Minutes: October 17, 1990 KIB'S227234 Page 19 of 33 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. M) Case S-90-041. Request for preliminary approval of the subdivision of Lot 113, Block 2, Shahafka Acres Subdivision, creating Lots 1131 and 1132, Block 2, Shahafka Acres Subdivision. 2920 Cove Drive (Pam Johnson) LINDA FREED 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 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 113, Block 2, Shahafka Acres Subdivision, creating Lots 1131 and 1B2, Block 2, Shahafka Acres Subdivision; subject to the conditions of approval contained in the staff report dated October 10, 1990, and to adopt the findings contained in the staff report dated October 10, 1990, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Within thirty (30) days of preliminary approval, obtain a building permit for the upgrade to a single-family dwelling for the accessory building located on Lot 1132 and obtain a certificate of occupancy within one (1) year of the date of preliminary approval. 2. Move the small accessory building located at the rear of Lot 113-1 to a legal location. 3. Provide topographical information for the site at a minimum of five (5) foot contour interval prior to final approval of the plat. 4. Provide additional utility information, as determined appropriate by the Kodiak Island Borough Engineering and Facilities Department, for the lots created by this subdivision prior to final approval of the plat. 5. Show a twenty (20) foot wide drainage easement centered over the existing drainage culvert that crosses the corner of Lot 113-1. P & Z Minutes: October 17, 1990 KIBS,227235 Page 20 of 33 6. Obtain a letter of non -objection for the fence located in the Kodiak Island Borough right-of-way from the Kodiak Island Borough Resource Management Officer prior to final approval of the plat. FINDINGS OF FACT 1. This plat will meet the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code when all conditions of preliminary approval have been met. 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. N) Case 90-048. Proposed revisions to Chapter 17.57 (Off-street Parking) of the Borough Code. LINDA FREED indicated no public hearing notices were mailed for this Borough -wide zoning change but that the proposed revisions were featured on the Borough's "news page." Since the proposal before the Commission will have had three (3) public hearings, staff recommends that the revisions be forwarded to the Assembly for consideration. Staff also noted some areas of concern that should be clarified prior to submittal to the Assembly. Regular Session Closed. Public Hearing Opened: TOBY COOK appeared before the Commission and expressed support for these revisions. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO POSTPONE action on the proposed revisions to Chapter 17.57 (Off-street Parking) of the Borough Code until the November 21, 1990, regular meeting and to schedule these revisions for a worksession and another public hearing. The motion was seconded and CARRIED by unanimous voice vote. P & Z Minutes: October 17, 1990 KIBS227236 Page 21 of 33 0) Case 90-050. Proposed revisions to Chapter 17.40 (Projections into Required Yards) of the Borough Code. LINDA FREED indicated no public hearing notices were mailed for this Borough -wide zoning change but that the proposed revisions were featured on the Borough's "news page." Since the proposal before the Commission will have had three (3) public hearings, staff recommends that the revisions be forwarded to the Assembly for consideration. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO RECOMMEND that the Assembly adopt the proposed revisions to Chapter 17.40 (Projections into Required Yards) of the Borough Code, as identified in the attached draft. AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REPEALING AND RE-ENACTING CHAPTER 17.40 (PROJECTIONS INTO REQUIRED YARDS) OF THE BOROUGH CODE. The Kodiak Island Borough Assembly hereby ordains that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of ordinances. Section 2: Chapter 17.40 Projections into Required Yards is repealed and re-enacted as follows: Sections: 17.40.010 Projections into Required Yards 17.40.020 Architectural Projections 17.40.030 Equipment and Minor Structural Development 17.40.040 Structures 17.40.010 Projections into required yMds. Where yards are required, they shall not be less in depth or width than the required minimum dimensions in any part, and they shall be at every point open and unobstructed from the ground to the sky, except as permitted in Sections 17.40.020 through 17.40.040. 17.40.020 Architectural Projections. 1. In residential zoning districts, awnings, canopies, cornices, eaves, building projections, cantilevers, window seats, bay windows, and other similar architectural features are permitted to project into a required yard for a distance not to exceed two (2) feet provided any adopted P & Z Minutes: October 17. 1990 KIBS227237 Page 22 of 33 Uniform Building Code requirement for separation of structures is maintained. Should a structure employ the use of more than one (1) architectural feature, the total projection shall not exceed two (2) feet. In no case may a projection into a required yard project over a property line. 2. In nonresidential zoning districts, awnings, canopies, cornices, eaves, building projections, cantilevers, window seats, bay windows, and other similar architectural features are permitted to project into a required yard provided any adopted Uniform Building Code requirement for separation of structures is maintained and into a right- of-way provided the owner of the right-of-way provides written authorization. Projections into required yards may also project over a property line provided the owner of the property provides written authorization. 3. Permitted architectural projections shall be identified on the site plan for a permitted structure, either as a note or design feature and will be identified on the zoning compliance permit. 17.40.030 Equipment and minor structural developments Equipment and minor structural development, as defined, are permitted to locate within required yards as long as they do not reduce the number of required off-street parking spaces. Equipment and minor structural development shall not encroach onto adjoining property or public rights -of -way unless written approval is obtained from the land owner. Zoning compliance is not required for equipment and minor structural development. 1. Equipment. "Equipment" means items that are customarily subordinate and incidental to the use of land. Equipment can be freestanding or attached to a structure. Examples include, but are not limited to, the following: - antennas - barbecues - flagpoles - mail boxes - playground equipment such as swing sets - satellite dishes - treehouses, tennis courts, etc. - water and fuel tanks - other similar items as determined by the Community Development Department 2. Minor Structural Development. "Minor structural development" means those minor appurtenances to development that are customarily subordinate and incidental to land use and structures. It includes any item that can be defined as equipment, does not require a building permit and is less than thirty (30) inches above finished grade. Examples of minor structural developments include, but are not limited to, the following: KIBS227238 P & Z Minutes: October 17, 1990 Page 23 of 33 animal enclosures (dog houses, chicken coops, etc.) benches boardwalks less than 30 inches above finished grade', exclusive of handrails - bus shelters decks less than 30 inches above finished grade, exclusive of handrails and seats docks less than 30 inches above mean high water, exclusive of handrails and seats2 driveways planting boxes, planters and landscaping items - porches less than 30 inches above finished grade, exclusive of handrails ramps and walkways less than 30 inches above finished grade, exclusive of handrails sidewalks - stairs and stairways less than thirty (30) inches above finished grade, exclusive of handrails other similar items as determined by the Community Development Department 17.40.040 Structures. The following structures are permitted to project into required yards: 1. outside stairways, fire escapes, porches, decks and landing places if unroofed3 and unenclosed may project up to three (3) feet into a required side yard and up to five (5) �— feet into a required rear yard provided any adopted Uniform Building Code requirement for separation of structures is maintained; and 2. parking decks less than thirty (30) inches above finished grade exclusive of handrails, stairs, and walkways; and 3. enclosed entries, subject to the following limitations: a. the enclosed entry cannot reduce any required parking; and b. the enclosed entry cannot exceed twenty-five percent (25%) of the width of the side of the building to which it will be attached; and C. the enclosed entry cannot encroach more than six (6) feet into a required front or rear yard setback and shall not be closer than five (5) feet to the front or rear property line. Enclosed entries shall not encroach into any side yard; and d. the enclosed entry cannot be used to establish a new front yard setback line on adjacent lots. 4. gazebos and other structures constructed on docks; and 1 Grade (finished). "Finished grade" means the adjacent roadway level for parking decks, mean high water for docks and floatplane tie -downs, and the running ground level for other developments not defined. 2 Poek. "Dock' means a minor structural development, less than 30 inches above mean high water, exclusive of handrails and seats traditionally associated with the use of a water body for recreational purposes and the tie -down of float planes. 9 does not include the eves of the main structure P & Z Minutes: October 17, 1990 KIBS227239 Page 24 of 33 5. stairs, stairways, or ramps necessary for principal access to a structure due to the topography of the lot; and 6. permitted structural projections into yards shall be identified on a site plan and require zoning compliance. The motion was seconded and CARRIED by unanimous roll call vote. P) Case 90-051. Proposed revisions to Chapter 17.53 (Recreational Vehicle Parks) of the Borough Code. LINDA FREED indicated no public hearing notices were mailed for this Borough -wide zoning change but that the proposed revisions were featured on the Borough's "news page." Since the proposal before the Commission will have had three (3) public hearings, staff recommends that the revisions be forwarded to the Assembly for consideration. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO RECOMMEND that the Assembly adopt the proposed revisions to Chapter 17.53 (Recreational Vehicle Parks) of the Borough Code as identified in the attached draft. AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REPEALING AND RE-ENACTING CHAPTER 17.53 (RECREATIONAL VEHICLE PARKS) OF THE BOROUGH CODE. The Kodiak Island Borough Assembly hereby ordains that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of ordinances. Section 2: Chapter 17.53 Recreational Vehicle Parks is repealed and re-enacted as follows: Sections: 17.53.010 Intent 17.53.020 Definitions. 17.53.030 Conditional use. 17.53.040 Development standards. 17.53.050 Recreational vehicles on individual lots. 17.53.010 Intent. The intent of this chapter is to provide minimum acceptable standards for the establishment and permanent maintenance of recreational vehicle parks. KIBS227240 P & Z Minutes: October 17, 1990 Page 25 of 33 17.53.020 Definitions. For the purpose of this title the following definitions apply: A. "Recreational vehicle" means a vehicular -type unit primarily designed as living quarters for recreational, camping, or travel use, which either has its own motive power, or is mounted on or drawn by another vehicle and does not meet the definition of a "manufactured home"'. Examples of recreational vehicles are travel trailers, camping trailers, truck campers, and motor homes. B. "Recreational vehicle park" means a tract of land upon which at least ten (10) or more recreational vehicle spaces are located, established or maintained for occupancy by recreational vehicles of the general public. C. "Recreational vehicle space" means a plot of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle, or other individual camping on a temporary or permanent basis. 17.53.030 Conditional use. Because of their potential impact on adjacent land uses, recreational vehicle parks shall only be permitted as conditional uses in all land use districts. 17.53.040 Development standards. The following development standards shall be met or exceeded by all recreational vehicle parks prior to the placement or occupancy of any recreational vehicle in the park: A. Density. The average park density shall not exceed twenty-five (25) recreational vehicle spaces per acre. B. Area. Each recreational vehicle space shall contain at least one thousand (1,000) square feet of area. C. Width. Each recreational vehicle space shall be at least twenty (20) feet wide. D. Occupancy. 1. A recreational vehicle park shall only accommodate recreational vehicles and tent camping. 2. One (1) mobile home or permanent structure may be located or installed in a recreational vehicle park for use by persons engaged in the management or operation of the recreational vehicle park. 1 "Manufactured Home" means a structure, transportable in one or more sections, which in the travelling mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on -site is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. Calculations used to determine the number of square feet in a structure will be based on the structure's exterior dimensions measured at the largest horizontal projections when erected on -site. These dimensions will include all expandable rooms, cabinets, and other projections containing interior space, but does not include bay windows. This term includes all structures which meet the requirements except the size requirements and with respect to which the manufacturer voluntarily files a certification pursuant to subsection 3282.12 and complies with the standards set forth in Part 3280 (24 CFR Chapter 20 Part 3280). P & Z Minutes: October 17, 1990 KIBS227241 Page 26 of 33 3. No structure or attachment shall be constructed or installed on any recreational vehicle space, or to any recreational vehicle. 4. The recreational vehicle park owner shall not locate any recreational vehicle in the park for the purpose of renting or leasing the recreational vehicle to another. E. Setbacks. No recreational vehicle space shall be closer than twenty-five (25) feet to any property line facing a public street nor closer than eight (8) feet to any other property line. F. Separation. No part of a recreational vehicle shall be located closer than ten (10) feet to any other recreational vehicle on an adjacent space. G. Open Space and Play Area. A space containing not less than five percent (5%) of the gross area of the recreational vehicle park shall be set aside, designated, equipped and maintained as an open space and play area. The area shall be well drained and graded, kept free from dust, and kept clean and free from the accumulation of refuse, garbage, rubbish or debris. H. Screening. Fifty percent (50%) sight -obscuring screening that is a minimum of six (6) feet in height shall be provided and permanently maintained along all property lines. As an example, appropriate screening could include a fence along the side and rear property lines and landscaped screening with an entrance way along the front property line. I. Required Toilet and Shower Facilities. Toilet and shower facilities will be provided as required by the more restrictive of the Kodiak Island Borough's currently adopted Uniform Plumbing Code or the State of Alaska's Public Accommodation Regulations. J. Lighting. During hours of darkness adequate lighting shall be maintained at the entrances to restroom facilities; and within the restroom facilities. K. Waste Disposal Station. At least one (1) waste disposal station shall be provided in accordance with State of Alaska regulations. L. Roads. Well drained, gravel surfaced roadways, not less than twelve (12) feet in width for one-way traffic and not less than twenty (20) feet in width for two-way traffic, shall provide access to each recreational vehicle space. M. Solid Waste Management. A Solid Waste Management Plan must be provided to and approved by the Kodiak Island Borough Engineering and Facilities Department. P & Z Minutes: October 17, 1990 KIBS227242 Page 27 of 33 17.53.050 Recreational vehicles on individual lots. A. Recreational vehicles may be used as dwelling units on individual lots when they are used in conjunction with the construction of a permanent dwelling unit. They may be located on an individual lot for a period of not more than one hundred eighty (180) days. A one (1) time extension of up to one hundred eighty (180) days will be permitted by staff if substantial progress has been made towards the completion of the permanent dwelling unit. Recreational vehicles shall be completely vacated at the expiration of this time limit. 1. No certificate of occupancy shall be issued for the permanent dwelling unit until the recreational vehicle is vacated, in conformance with all applicable regulations. 2. Any recreational vehicle used as provided for in Section A is required to be connected to either the public sewer and water system or an individual on - site septic system and well. B. The parking or otherwise locating of recreational vehicles for any purpose other than storage or as permitted in Section A above outside a recreational vehicle park is prohibited unless authorized by the issuance of zoning compliance subject to the following limitations. 1. Only one (1) recreational vehicle is permitted per lot. 2. The maximum length of occupancy for each lot is sixty (60) days in each twelve (12) month period. 3. The recreational vehicle cannot reduce the available off-street parking spaces to less than two (2) spaces. 4. No portion of a recreational vehicle occupied under this section can be located in a right-of-way. 5. Recreational vehicles occupied under this section must be located on a residentially zoned lot with a main dwelling or on an adjacent lot in common ownership. The intent of this section is to provide locations for the temporary use of recreational vehicles by visitors and tourists. The motion was seconded and CARRIED by unanimous roll call vote. VIL OLD BUSINESS A) Case 90-055. Findings of Fact in support of the denial of a request for a variance from Section 17.36.040.A and B (Nonconforming Structures) of the Borough Code to permit the addition of a second floor to an existing twelve (12) foot by thirty- one (31) foot single-family residence which encroaches both the P & Z Minutes: October 17, 1990 IUBS221243 Page 28 of 33 front yard and side yard setbacks of a lot in the Rl--Single- family Residential Zoning District. Lot 25, U.S. Survey 3101. 3848 Spruce Cape Road (Postponed from the September 1990 regular meeting) (Sid Omlid; Peter Malley) COMMISSIONER ASPGREN MOVED TO ADOPT the findings contained in the staff report dated October 10, 1990, as "Findings of Fact" for Case 90-055. 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. There are no exceptional physical conditions applicable to this property that are not present on other similar lots along Spruce Cape Road in the same zoning district. There is ample development area available to relocate the existing dwelling to a legal location on the lot prior to the type of extensive redevelopment proposed in this case. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application would not permit the construction of an addition to the existing residential structure which will cost more than fifty percent (50%) of the replacement value of the structure. Denial of the variance will not result in an unnecessary hardship as the addition of a second story to the existing residence will substantially extend the useful life of the nonconforming structure. In addition, since the building will require extensive reconstruction of the first floor, the structure should, by rights, be relocated entirely to a new location on the lot prior to expanding the size of the existing dwelling. If the building only encroached a few feet into the setback, perhaps this could be overlooked, but since it is only three (3) feet from the road right-of-way, and projects twenty- two (22) feet into the required twenty-five (25) foot front yard setback, it is the intent of the code that this nonconforming structure be brought into compliance. 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 r- welfare. The granting of the variance will prejudice other properties in the vicinity. This is due to the obvious age and condition of the existing structure. It is clear that the intent of the Borough Zoning Code is that this structure be relocated to a legal location or removed from its present location if it is substantially altered. KIBS227244 P & Z Minutes: October 17, 1990 Page 29 of 33 4. The granting of the variance will not be contra to o the obiectives of the Comprehensive Plan. Granting the variance will not be contrary to the objectives of the comprehensive plan as the addition will not increase the density of development on this lot. This area is identified for medium density development. 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 the conditions from which relief is being sought by a variance. Construction of a second story addition to the existing single-family residence will not be initiated until the Commission has approved a variance for this request. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Additions to single-family dwellings are permitted in the R2--Two-family Residential Zoning District. The motion was seconded and CARRIED by unanimous voice vote. B) Case 90-059. Findings of Fact in support of the denial of a request for a variance from Sections 17.54.010.A and C (Height- -Extension onto Public Property) of the Borough Code to permit the construction of a six (6) foot high chain link fence which will exceed the four (4) foot height limitation for a fence in the front yard and will project to the sidewalk within the Hillside and Oak Street rights -of -way adjacent to a lot in the Rl--Single-family Residential Zoning District. Lot 24A, Block 1, Aleutian Homes Subdivision. 512 Hillside (Postponed from the September 1990 regular meeting) (Royal Large) COMMISSIONER BARRETf MOVED TO ADOPT the findings contained in the staff report dated October 20, 1990, as "Findings of Fact" for Case 90-059. 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 condition applicable to the intended use of the property is largely a perceptual one. Typically, residential property owners assume that all the land out to the sidewalk or roadway edge is their "yard", and that they should be able to erect a fence of reasonable height around that yard. A six (6) foot fence in the right-of-way along Oak Street is not reasonable or justifiable in this case however. KIBS227245 P & Z Minutes: October 17, 1990 Page 30 of 33 2. Strict application of the zonings ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would only allow the fence to extend to the front and side property lines. Denial of this variance does not constitute an unnecessary hardship as the potential hardship of the applicant is outweighed by the prejudice the fence would cause the neighboring lots. 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 be detrimental to the public's health, safety or welfare because a chain link fence will not pose a line -of -sight problem along Hillside Drive or Oak Street. However, the fence would prejudice the surrounding properties if it is constructed with non- standard materials. In addition, a six (6) foot fence in the front yard will prejudice the neighboring lots by being inconsistent with the character of the surrounding properties. 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 Medium Density Residential Development. In general, comprehensive plans do not address minor developments such as fences. In addition, the construction of this fence will not change the permitted residential land use. 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 a variance. The variance request will be decided prior to construction of the fence. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Fences are permitted in all residential land use districts. The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. VIII. NEW BUSINESS A) Case 90-072. Findings of fact in support of the denial of a request for the rezoning of Lots 8 and 9 and a Portion of Lot 10 P & Z Minutes: October 17, 1990 KIBS227246 Page 31 of 33 adjacent to Lots 8 and 9, Block 3, Lakeside Subdivision from I -- Industrial and PL--Public Use Lands to R2--Two-family Residential and a twenty-five (25) foot strip of Lot 7 adjacent to Lot 8, Block 3, Lakeside Subdivision from I --Industrial to PL-- Public Use Lands in accordance with Section 17.72 (Manner of Initiation) of the Borough Code. 2095, 2185, and 2207 Selief Lane. (Kodiak Island Borough Assembly) (Prior Case 90-007) COMMISSIONER HENDEL MOVED TO ADOPT the following "Findings of Fact" for Case 90-072: FINDINGS OF FACT 1. A lack of I --Industrial land in the Kodiak area is the primary reason for denial of this request. The Kodiak Island Borough should plan for the provision of additional I --Industrial land before reducing the small amount of I -- Industrial land now available. 2. Lots 1 and 2. Block 3, Lakeside Subdivision are currently being developed for industrial use, initially commercial fishing gear storage. This development could result in a land use conflict if nearby lands are rezoned to R2--Two- family Residential. 3. A previous vacation and replat, Case S-88-040 which was granted preliminary approval by the Commission, addressed concerns about the design of the subdivision. If the final plat were filed for Case S-88-040, these lots would be more suitable for industrial development. 4. It is important to maintain the greenbelt (Lot 10, Block 3, Lakeside Subdivision) as an integral part of the overall area and to provide a necessary amenity for the nearby residential development. The motion was seconded and CARRIED by unanimous voice vote. There was no further new business. IX. COMMUNICATIONS COMMISSIONER HENDEL MOVED TO ACKNOWLEDGE RECEIPT of items A through D of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated September 20, 1990, to Mayor Bob Brodie from Joanne Demke, President, Kodiak Chamber of Commerce, re: downtown parking. B) Letter dated September 27, 1990, to Mary Bixby, OMB-DGC, from Linda L. Freed, re: Kodiak Island Borough Coastal Management Program - FY90 Annual Report. C) Letter dated September 27, 1990, to Alison L. Smith, OMB-DGC, from Linda L. Freed, re: Womens Bay 20 - Lot 22, Block 1, Russian Creek Alaska Subdivision - SID AK 900911-07A. P & Z Minutes: October 17, 1990 g1BS227247 Page 32 of 33 D) Letter dated October 1, 1990, to Norman and Margaret Sutliff from Duane Dvorak, re: change of use for structure located on Lot 1, Block 19, Kodiak Townsite. 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. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS CHAIR HEINRICHS adjourned the meeting at 10:02 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: ; Robin Heinrichs, Chair ATTEST By: k*4,0,,k44x-- Patricia Eads, Secretary Community Development Department DATE APPROVED: DECEM 3ER 19, 1990 KIBS227248 P & Z Minutes: October 17. 1990 Page 33 of 33