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1990-09-19 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - SEPTEMBER 19, 1990 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:33 p.m. by Chair Robin Heinrichs on September 19, 1990 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Robin Heinrichs, Chair Jon Aspgren Bruce Barrett Wayne Coleman Jon Hartt Jody Hodgins Commissioners Absent: Tom Hendel, Excused A quorum was established. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Patricia Eads, Secretary Community Development Dept. Staff reported the following additions to the agenda: AGENDA ADDITIONS IK COMMUNICATIONS D) Article entitled "Planning Commissioner's Point -of -View" from the Special Issue of Planning Association of Washington. E) Letter dated August 29, 1990, to Peter N. Holm, Jr. from Tom Sweeney, Hearing Examiner, re: Appeal Hearing. _ F) Letter dated August 30, 1990, to Josefino and Cora Anselmo from Bob Scholze, re: Lot 25, Block 5, Aleutian Homes - 711 Hemlock; Number of persons living in a dwelling. G) Letter dated August 31, 1990, to Mark Majdic from Bob Scholze, re: Lot 2A1, Block 5, Miller Point Subdivision - 4050 Parkside; Outdoor storage. H) Letter dated September 5, 1990, to Cory Baker from Bob Scholze, re: Lot 8A, Block 1, Miller Point 2nd Addition - 4116 Cliffside; Outdoor storage. P & Z Minutes: September 19, 1990 KIBS227174 Page 1 of 37 I) Letter dated September 12, 1990, to Waldo's Enterprises, Ltd., from Bob Scholze, re: Portion of Tract C, U.S. Survey 1396 - Abandoned/Unregistered vehicles and litter. J) Letter dated September 13, 1990, to Terrance Brauner from Bob Scholze, re: Lot 12, Block 6, Baranof Heights r-- 1st Addition - 1221 Larch - Illegal 4-plex. K) Memorandum dated September 15, 1990, re: Lot 22, U.S. Survey 3099 - Junk vehicles and equipment. L) Letter dated September 18, 1990, to Carl and Lisa Brewer from Bob Scholze, re: Lot 6, U.S. Survey 3466 - Junk vehicles, salvage, and outdoor storage. M) Violations Status Log dated September 18, 1990. Staff reported the following deletions to the agenda: AGENDA DELETIONS X REPORTS A) Community Development Department Monthly Status Report Staff suggested that the Commission rearrange the order of the public hearing items by moving the proposed revisions to the Borough Code (Items A through G) to the bottom of the public hearings (following Item V). COMMISSIONER HODGINS MOVED TO ACCEPT the agenda with the additions, deletions, and changes reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER COLEMAN MOVED TO ACCEPT the minutes of the August 15, 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) Request for a determination by the Planning and Zoning r Commission in accordance with Section 17.36.050.0 (Nonconforming Uses of Structures) of the Borough Code that the use of structures for an upholstery shop is equally as appropriate a nonconforming use as the existing continuing use of the structures on the property for a pet store in a R3-- Multifamily Residential Zoning District. Lots 2 and 3, Block 1, Killarney Hills Subdivision. 119 - 121 Murphy Way (Marty Joseph; Charlie R. Johnson) COMMISSIONER HODGINS MOVED TO FIND, in accordance with Section 17.36.050.0 of the Borough Code, that the use of P & Z Mtnutes: September 19, 1990 KIBS227175 Page 2 of 37 structures for an upholstery repair shop is equal to or a more appropriate nonconforming use of structures as the existing continuing use of the structures on the property for a pet store in a R3--Multifamily Residential Zoning District on Lots 2 and 3, Block 1, Killarney Hills Subdivision; and to adopt the findings of fact contained in the staff report dated September 6, 1990 as "Findings of Fact' for this case. FINDINGS OF FACT 1. The use of structures on the property for an upholstery repair shop does not result in any off -site impacts to neighboring properties. 2. The use of structures on the property for an upholstery repair shop alone qualifies as a home occupation, which is more appropriate than use of the structures for a pet store. 3. The change in use will not increase the number of people employed in businesses on the property. The motion was seconded and CARRIED by unanimous roll call vote. There were no further appearance requests. VI. PUBLIC HEARINGS I� 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. (Natives of Kodiak, Inc.; Tony Drabek) DUANE DVORAK indicated 9 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff reported that the applicant had requested postponement of the request in order to discuss the proposed rezoning in more detail at a Planning and Zoning Commission worksession. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HA= MOVED TO POSTPONE action on Case 90-054 until the Planning and Zoning Commission regular meeting on October 17, 1990, and to schedule Case 90-054 for another public hearing at that time. The motion was seconded and CARRIED by unanimous roll call vote. P & Z Minutes: September 19. 1990 KIB.S227176 Page 3 of 37 1) Case 90-055. 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 by thirty-one (12 x 31) foot single-family residence which encroaches the front yard setback of a lot in the R2--Two-Family Residential Zoning District. Lot 25, U.S. Survey 3101. 3848 Spruce Cape Road (Sid Omlid; Peter Malley) DUANE DVORAK indicated 10 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none, Commissioner Hodgins requested Peter Malley approach the lectern. PETER MALLEY appeared before the Commission and responded to questions about this request. The Commission and Mr. Malley discussed the nonconforming structure's present foundation and the applicant's plans for reconstructing the present foundation, that the present structure is 20 years old and located within 3 feet of the right-of- way, and whether or not the building could be moved to another location on the property. Public Hearing Closed. Regular Session Opened. COMMISSIONER HA= MOVED TO GRANT a variance from Section 17.36.040.A and B of the Borough Code to permit the addition of a second floor to an existing twelve by thirty-one (12 x 31) foot single-family residence which encroaches twenty-two (22) feet into the required twenty-five (25) foot front yard setback of a lot in the R2--Two-family Residential Zoning District on Lot 25, U.S. Survey 3101; and to adopt the findings contained in the staff report dated September 12, 1990, as "Findings of Fact" for this case. The motion was seconded and FAILED by unanimous roll call vote. Commissioners Hodgins, Coleman, Heinrichs, Barrett, Hartt, and Aspgren voted "no." The Commission deferred adoption of findings of fact in support of their decision until the October 17, 1990, regular meeting. J) Case 90-056. Appeal of an administrative decision in accordance with Section 17.68.020.B (Appeals from Administrative Decisions) of the Borough Code of a decision ordering the removal or relocation of an unlawful structure [an accessory building which is located within the required twenty- five (25) foot setback of an existing nonconforming mobile home park and which encroaches the State of Alaska road right-of-way along Rezanof Drive] within thirty (30) days. P & Z Minutes: September 19. 1990 K113S227177 Page 4 of 37 The appellant is seeking relief in the form of a variance from Section 17.26.040 (Yards) of the Borough Code to permit the continued encroachment of the accessory building located within the required twenty-five (25) foot setback and the Rezanof Drive right-of-way adjacent to the nonconforming mobile home park located in a Rl--Single-family Residential Zoning District. Lot 1, U. S. Survey 3099. 353 Benny Benson (Beverly Jones; Leroy Blondin) DUANE DVORAK indicated 32 public hearing notices were mailed and 1 was returned opposing this request. Staff recommended affirmation of the Administrative Decision and approval of the variance request, subject to conditions. Staff also reported that the Kodiak Island Borough Engineering and Facilities Department Director found that the variance posed no conflict with the pedestrian access. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO AFFIRM the administrative decision that the accessory building located on Lot 1, U.S. Survey 3099, which is located along the lot line contiguous with Rezanof Drive, is a violation of Section 17.26.040 (Yards) of the Borough Code. The motion was seconded and CARRIED by majority roll call vote. Commissioner Hodgins voted "no." COMMISSIONER HODGINS MOVED TO GRANT a variance from Section 17.26.040 of the Borough Code to permit the continued encroachment of the accessory building located within the required twenty-five (25) foot setback and the Rezanof Drive right-of-way adjacent to the nonconforming mobile home park located in a Rl--Single-family Residential Zoning District on Lot 1, U. S. Survey 3099; subject to the conditions of approval contained in the staff report dated September 7, 1990: and to adopt the findings contained in the staff report dated September 7, 1990, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The property owner must obtain zoning compliance within ninety (90) days for the placement of the existing accessory building in its present location. 2. A letter of approval from the State of Alaska Department of Transportation and Public Facilities approving the applicant's use of the Rezanof Drive East right-of-way must be on file with the Kodiak Island Borough Community Development Department prior to issuance of zoning compliance. P & Z Mlnutm: September 19, 1990 KIBS227178 Page 5 of 37 3. The applicant assumes any liability associated with the accessory building located on State-owned property. 4. If at a future date the State determines that the accessory building must be removed from the State-owned property, the applicant or any subsequent owner of Lot 1, U.S. Survey 3099, agrees to remove the accessory building without cost to the public. 5. Since the land is publicly owned, no prescriptive right accrues to the user. 6. The accessory building will not reduce any required off- street parking. 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. Lot 1, U.S. Survey 3099 contains an approved but nonconforming mobile home park; and most, if not all, of the mobile homes are nonconforming structures due to the encroachment of one or more setback requirement(s) and/or minimum distance separation requirement(s) of Chapter 17.21 (Mobile Home Park) of the Borough Code. In addition, the lot has been reduced in size since its original survey due to the dedication of lot area to the adjacent road rights -of -way (Benny Benson and Rezanof Drive). The size, shape, and location of the lot at the end of the subdivision, where it is surrounded by road rights -of -way on three (3) sides, restricts the placement of structures on the lot far more than other lots in the same zoning district. 2. Strict application of the zoning ordinances would result in Qractical difficulties or unnecessary hardships. Strict application of the zoning ordinances would result in practical difficulties and unnecessary hardships for the property owner in this case. Placement of accessory buildings on residential property is an accepted subsidiary use of residential property. However, with the setback requirements and minimum separation requirements for �- mobile home parks (Section 17.26.140 of the Borough Code), there is no place on the lot where a legal accessory building can be located. This would be a practical difficulty because the owners and residents of mobile homes have as much need, or more so, for accessory buildings than their counterparts who live in generally larger single-family dwellings on individual lots. In addition, denial of the variance would be an unnecessary hardship as the Commission has permitted at least one (1) other accessory building to be located P & Z Minutes: September 19, 1990 KIBS227179 Page 6 of 37 wholly in the Rezanof Drive right-of-way (Case 88-065) in this same area. In addition, the Commission has permitted the projection of fences into road rights -of -way, which has resulted in the property owners using the property as an extension of their own property, such that one recipient of such variance (Case 90-010) now uses the Rezanof Drive right-of-way for fenced outdoor fishing gear storage (in a B--Business Zoning District). These examples were, however, contingent upon approval from the proper State authorities in the Alaska Department of Transportation and Public Facilities (ADOT/PF). As the owner of the right-of-way, ADOT/PF is the only agency that can properly authorize the use of the road right-of- way in this case. As in the above examples, approval by ADOT/PF should be included as a condition of approval for this case. 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 gublic's health, safety and welfare. Granting of the variance will not be detrimental to the public's health, safety, or welfare because the accessory building is barely visible from the Rezanof Drive roadway and has not in the past constituted an obstruction of the sight distance. The berm along the edge of the lot constitutes a much more significant obstruction to site distance than the accessory structure which is located back from the crest of the berm. Conditions of approval included as part of this variance will insure that any future removal of the accessory building will not result in a cost to the public. 4. The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. Granting this variance will not be contrary to the objectives of the comprehensive plan. The comprehensive plan does not address minor structural developments such as accessory buildings. The main use of the property for residential purposes (mobile home park), and the density of development on the site will not be changed as a result of this variance. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought bythe variance. In this instance, the actions of the applicant have caused the conditions from which relief is being sought by a variance. This is due to the fact that the building was placed in its present location prior to the granting of a variance. Staff recollection indicates that at the time the building was originally constructed, a Borough building official told the applicant that the accessory building did not encroach the road right-of-way and that a building P & Z Minutes: September 19, 1990 KIBS227180 Page 7 of 37 permit for the accessory building was not required. From this determination, the property owner may have assumed that the building was otherwise lawfully located. A previous enforcement action was not able to satisfactorily resolve this issue. Staff believes that the property owner now better understands the process by which this issue may be resolved and desires to clarify once and for all the status of the accessory building in question. Staff believes that, had the property owner understood the need for this action earlier, a variance would have been requested at that time. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Accessory buildings are permitted in all residential land use districts. The motion was seconded and CARRIED by unanimous roll call vote. H) Case 90-057. Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a second floor addition to an existing commercial structure which will contain two (2) apartments and a maximum of nine hundred (900) square feet of commercial storage space which will not require any additional parking per a previously granted parking variance (Case 89-042). Lots 4 and 5, Block 6, New Kodiak Subdivision. 410 Marine Way (Ball Associates; Louise Ball Cusson) DUANE DVORAK indicated 26 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: WADE BALL appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT an exception from Section 17.21.020 of the Borough Code to permit a second floor addition to an existing commercial structure which will contain two (2) apartments and a maximum of nine hundred (900) square feet of commercial storage space which will not require any additional parking per a previously granted parking variance (Case 89-042) on Lots 4 and 5, Block 6, New Kodiak Subdivision; and to adopt the findings contained in the staff report dated September 6, 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) P & Z Minutes: September 19, 1990 KIBS227181 Page 8 of 37 endanger the public's health safety or general welfare. (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. The proposed use will not significantly increase the traffic in the area. The proposed use will not be harmful to the public health, safety, or general welfare if all building, fire, and plumbing codes are met in the process of constructing a second story residential and commercial addition. Locating the apartments at the rear of the building will minimize exposure to tsunami run-up. B. The proposed use fulfills all other requirements of Chapter 17.21 (Business) of the Borough Code and the previously approved parking variance granted (Case 89-042) for seven (7) off-street parking spaces. C. Setbacks and minimum lot area are not applicable in the B--Business Zoning District. As noted by staff in Case 89-042, the existing commercial structure is located in a long established business area where buffers have not been required and are not applicable. Standards required by Borough Code will be maintained, when applicable, through the zoning compliance process. The motion was seconded and CARRIED by unanimous roll call vote. Q Case 90-058. Request for a variance from Section 17.17.050.A.1 and B. (Yards) and 17.17.060 (Building Height Limit) of the Borough Code to permit the completion of a partially constructed single-family residence which encroaches no more than eleven (11) feet into the required twenty-five (25) foot front yard setback and no more than one and one-half (1.5) feet into the required fifteen (15) foot side yard setback and which projects fifteen and one half (15.5) feet beyond the thirty- five (35) foot height restriction of the RR1--Rural Residential One Zoning District. Lot 7, Block 4, Island Vista Subdivision. 1802 Marmot (Cliff and Evelyn Davidson) DUANE DVORAK indicated 28 public hearing notices were mailed for this case and 4 were returned, 3 in favor and 1 opposing this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: RICHARD DIEMER appeared before the Commission and read a public hearing notice response into the record. The public hearing notice response expressed non -objection to this request, subject to conditions. CLIFF DAVIDSON appeared before the Commission and expressed support for this request. P & Z Minutes: September 19, 1990 KIBS227182 Page 9 of 37 DOUG MATHERS appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. The Commission, with input from Community Development Department staff, discussed possible conditions of approval for the variance. COMMISSIONER HARTT MOVED TO GRANT a variance from Section 17.17.050.A.1 and 17.17.060 of the Borough Code to permit the completion of a partially constructed single-family residence which encroaches no more than eleven (11) feet into the required twenty-five (25) foot front yard setback and which projects fifteen and one half (15.5) feet beyond the thirty-five (35) foot height restriction of the RR1--Rural Residential One Zoning District on Lot 7, Block 4, Island Vista Subdivision; and to adopt the findings contained in the staff report dated September 12, 1990, as "Findings of Fact" for this case. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the properly or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional circumstances applicable to the intended use of the development on this property, which generally do not apply to other lots in the same land use district, is the existence of a significant drainage area that crosses the middle of the lot. The drainage flows towards the rear of the lot and due to its location, requires that development on Lot 7 be located towards the front of the lot where access is available. In order for the applicant to realize the reasonable use of the land that others in the RR1--Rural Residential One Zoning District enjoy, the applicant has located the structure within the required front and side yard setbacks of the lot. In addition, because of the limited amount of arable land for development at the front of the lot, the applicant has built to a higher elevation than the Borough Zoning Code permits in this district. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessaryhardships. Strict application of the zoning ordinances would not permit the completion of the single-family dwelling unless it can be shown that the structure was legally located on the lot at the time construction was begun, or, that it can now be finished for less than fifty (50) percent of the replacement value. This is a practical difficulty as the department has no record of the project on file and it would be more costly and time consuming to try and P & Z Minutes: September 19, 1990 KIBS227183 page 10 of 37 assess the value of construction necessary before the structure can be completed. Denial of the variance would be an unnecessary hardship as there is really no better location for the development of a dwelling on the lot. The additional floor area of the proposed dwelling that, if afforded by a variance of the height requirements of the district, is reasonable in order to compensate for the relative lack of accessible, developable lot area elsewhere on the property. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. The completed superstructure has been a local landmark for many years and staff has not documented any complaints or problems with that location since the initial construction. In fact, if the property owner could show that the structure is a legal nonconforming structure where it is presently located, it could remain where is, as is, indefinitely. To permit the property owner to finish the structure (to the standards of the UBC) would be an improvement to the neighborhood in terms of aesthetics and perhaps property values as well. The cupola noted on the as -built survey does not add usable floor space to the structure and therefore is considered an architectural feature. For this reason it is not considered in the calculation of building height for this case. 4. The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. The 1968 Comprehensive Plan does not address this area. Granting of the variance will not permit an increase in development density over the other dwellings located in this particular area and zoning district. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant may have caused the conditions from which relief is being sought by variance, however, staff believes that the applicant would have requested a variance previously if they had understood that it was necessary. 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 RRl-- Rural Residential One Zoning District. P & Z Minutes: September 19, 1990 KIBS227194 Page 11 of 37 The motion was seconded. COMMISSIONER HARTT MOVED TO AMEND THE MAIN MOTION by adding the following condition of approval: CONDITION OF APPROVAL 1. If a Certificate of Occupancy is not issued within three (3) years (September 19, 1993) of the date of this approval, the variances will expire. 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. COMMISSIONER HARTr MOVED TO GRANT a variance from Section 17.17.050.13 of the Borough Code to permit the completion of a partially constructed single-family residence which encroaches no more than one and one-half (1.5) feet into the required fifteen (15) foot side yard setback of the RR1--Rural Residential One Zoning District on Lot 7, Block 4, Island Vista Subdivision; and to adopt the findings contained in the staff report dated September 12, 1990, as "Findings of Fact" for this case, and subject to the following condition of approval: CONDITION OF APPROVAL 1. If a Certificate of Occupancy is not issued within three (3) years (September 19, 1993) of the date of this approval, the variances will expire. FINDINGS OF FACT 1. The side yard encroachment of the structure on Lot 7, Block 4, is subsidiary and incidental to the more significant projections into the front yard and beyond the height limit in the RR1--Rural Residential One Zoning District. 2. If the Commission grants a variance for the front yard encroachment and the overall height projection of the structure it is doubtful that a variance would be denied for this minor side yard encroachment, making a second public hearing more or less redundant. 3. Since there is no structure developed on adjoining Lot 6, Block 4, Island Vista Subdivision, the minor encroachment into the side yard by the structure located on Lot 7 will have no effect on surrounding development. The motion was seconded and CARRIED by unanimous roll call vote. The Commission directed staff to inform the property owners that it is illegal to store building materials in the Marmot Drive P & Z Mtnutm: September 19, 1990 KIBS227185 Page 12 of 37 right-of-way and that all materials located in the right-of-way should be removed from the right-of-way. M) Case 90-059. 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 Drive 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 Drive (Royal Large) DUANE DVORAK indicated 51 public hearing notices were mailed and 2 were returned, 1 opposing and 1 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 HODGINS MOVED TO GRANT a variance from Sections 17.54.010.A and C 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 Drive and Oak Street rights -of -way adjacent to Lot 24A, Block 1, Aleutian Homes Subdivision; subject to the conditions of approval contained in the staff report dated September 6, 1990, adding a seventh condition which states "the construction must be standard chain link fence construction (i.e., metal poles and regular mesh chain link); and to adopt the findings contained in the staff report dated September 6, 1990, as "Findings of Fact" for this case. The motion was seconded and FAILED by majority roll call vote. Commissioners Coleman, Heinrichs, Barrett, Hodgins, and Hartt voted "no." The Commission deferred adoption of findings of fact in support of their decision until the October 17, 1990, regular meeting. N) Case 90-061. Request for an exception from Section 17.33.020 (Permitted Uses) of the Borough Code to permit a public radio station, studio, and office facility to locate on a lot in the PL--Public Use Lands Zoning District; and a Request for a variance from Section 17.33.050.A (Yards) of the Borough Code to permit a public radio station, studio, and office facility to project fifteen (15) feet into the required twenty-five (25) foot front yard setback of the PL--Public Use Lands Zoning District. Lot 5A, U.S. Survey 2538. P & Z Minutes: September 19, 1990 KIBS227186 Page 13 of 37 Generally located off of Egan Way (Kodiak Island Borough; KMXT) DUANE DVORAK indicated 72 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff recommended approval of the exception request and found the variance request unnecessary at this time, recommending that the Commission take no action on the variance request. Regular Session Closed. Public Hearing Opened: ALAN SCHM=, President of the Board of Directors of Kodiak Public Broadcasting Corporation, appeared before the Commission and expressed support for this request and Cases 90-060 and S-90-033. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT an exception from Section 17.33.020 of the Borough Code to permit a public radio station, studio, and office facility to locate on a lot in the PL--Public Use Lands Zoning District on Lot 5A (proposed Lot 5A-2), U.S. Survey 2538; subject to the condition of approval contained in the staff report dated September 10, 1990; and to adopt the findings of fact contained in the staff report dated September 10, 1990 as "Findings of Fact" for this case. CONDITION OF APPROVAL A variance for any anticipated setback or yard encroachments will be requested of the Planning and Zoning Commission only after a final decision regarding the location of the proposed radio station, office, and studio complex has been made. FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare. (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. The proposed use, if permitted the setback and area requirements of the B--Business Zoning District as well as the Business district's performance standards, will not endanger the public's health, safety, or welfare. The new studio and office complex will meet all of the building, fire, and plumbing codes of the City of Kodiak. This use has been an active part of the nearby Borough Building " complex located on Lot 7A, U.S. Survey 2538, and has posed no safety hazard to the public in that time. KIBS227187 P & Z Minutes: September 19, 1990 Page 14 of 37 B. The proposed use will be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.33, the PL-- Public Use Lands Zoning District: "The public lands district is established as a land use district for publicly owned land containing recreational, educational, and institutional uses." The radio station's offices and studios are generally consistent with that description. C. The proposed use should not adversely impact other properties or uses in the neighborhood. As noted earlier, the uses have coexisted with other public and institutional uses in the area for about fourteen (14) years without apparent problem. The new studio/office building and related parking will be some distance from the KANA dorms and if the performance standards of the B--Business Zoning District are required as a condition of approval, a screening plan will have to be reviewed and approved by the Commission. The use should not result in a substantial increase of traffic in this area due to the fact that the existing offices and studios are already in the general area. While the station would have additional floor area, staff levels would not necessarily increase to the same level. The motion was seconded and CARRIED by unanimous roll call vote. O) Case 90-063. Request for the rezoning of Tract 13-1, Kadiak Alaska Subdivision First Addition from PL--Public Use Lands to either 113--Multifamily Residential or B--Business in accordance with Section 17.72.030.0 (Manner of Initiation) of the Borough Code. 3042 Rezanof Drive; 3055 Sharatin Road; and 3135 Perenosa Drive (Kodiak Island Borough) DUANE DVORAK indicated 19 public hearing notices were mailed for this case and 2 were returned, opposing this request. Staff recommended forwarding this request to the Kodiak Island Borough Assembly recommending the R3--Multifamily Residential Zoning District. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tract B-1, Kadiak Alaska Subdivision First Addition from PL--Public Use Land to R3--Multifamily Residential in accordance with Chapter 17.72 of the Borough Code, and to adopt the findings contained in the staff report dated September 12, 1990 as "Findings of Fact" for this case. P & Z Mtnutm September 19, 1990 KIB,S22.7188 Page 15 of 37 FEMINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Tract B-1, Kadiak Alaska Subdivision First Addition from PL--Public Use Land to R3--Multifamily Residential is necessary and justified because the R3-- Multifamily Residential Zoning District permits development that: A. will be generally compatible with nearby residential, institutional, and business uses; and, B. is in keeping with the existing and emerging residential and commercial pattern along Rezanof Drive; and, C. will not create any nonconforming land uses as a result of the rezoning; and, D. will not result in adverse traffic or access impacts as long as access is developed inside Kadiak Subdivision First Addition. 2. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. The 1968 Comprehensive Plan shows this area to be designated for primarily for Mobile Home Courts and a small portion for Public Use and Open Space. It should be noted that while these designations may be considered out-of-date for this property, mobile home courts and most public uses are intensive forms of development which are generally similar in characteristics to multifamily residential land uses. The motion was seconded and CARRIED by unanimous roll call vote. P) Case 90-065. Request for the rezoning of Lot 7A, Block 4, Monashka Bay Subdivision from PL--Public Use Land to RR1-- Rural Residential One in accordance with Section 17.72.030.0 (Manner of Initiation) of the Borough Code. 2800 Monashka Bay Road and 1692 Sawmill Circle (Kodiak Island Borough) A- DUANE DVORAK indicated 52 public hearing notices were mailed and 2 were returned, stating non -objection to this request. Staff recommended forwarding this request to the Assembly recommending that the property be rezoned to RR1-- Rural Residential One. Regular Session Closed. Public Hearing Opened: DAVE HERRNSTEEN appeared before the Commission and expressed opposition to this request. P & Z Minutes: September 19, 1990 KIBS227189 Page 16 of 37 FRED TURCOTT appeared before the Commission and expressed opposition to this request. DAN MACIAK appeared before the Commission and expressed opposition to this request. STAN WOLRICH appeared before the Commission and expressed opposition to this request. LESLIE WATSON appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 7A, Block 4, Monashka Bay Alaska Subdivision from PL--Public Use Land to RR1--Rural Residential One in accordance with Section 17.72.030 of the Borough Code; and to adopt the findings contained in the staff report dated September 10, 1990, as "Findings of Fact" for this case. FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Lot 7A, Block 4, Monashka Bay Subdivision from PL--Public Use Land to RRl--Rural Residential One is necessary and justified because the RRl--Rural Residential One Zoning District permits development that: A. is as consistent with the comprehensive plan in this area as the current zoning district; and B. is suitable for the existing lot, as well as allowing for the future development of additional lots that will not exceed the density of development envisioned by the comprehensive plan in this area; and C. will not create any nonconforming land uses as a result of the rezoning. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1968 Comprehensive Plan shows this area to be designated for Public Use and Open Space, School Reserve. The history of this area is one of gradually increasing residential use and development. The rezoning of this lot to RRl--Rural Residential One will allow all of the same land use activities that are permitted on the surrounding lots which are in the RRl--Rural Residential One Zoning District. KIBS227190 P & Z Minutes: September 19, 1990 Page 17 of 37 The motion was seconded and CARRIED by majority roll call vote. Commissioners Hodgins and Aspgren voted "no." COMMISSIONER HEINRICHS recessed the meeting at 9:20 p.m. and reconvened the meeting at 9:32 p.m. Case 90-067. Request for the rezoning of 'Nixon Ranch," legally described as a Portion of Lot 1, U.S. Survey 2539 from C-- Conservation to RRl--Rural Residential One in accordance with Section 17.72.030.0 (Manner of Initiation) of the Borough Code. (Kodiak Island Borough) DUANE DVORAK indicated 26 public hearing notices were mailed for this case and none were returned. Staff recommended forwarding this request to the Assembly recommending that the property be rezoned to RRl--Rural Residential One. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of 'Nixon Ranch", a Portion of Lot 1, U.S. Survey 2539 from C-- Conservation to RRl--Rural Residential One in accordance with Section 17.72.030 of the Borough Code; and to adopt the findings contained in the staff report dated September 11, 1990 as "Findings of Fact" for this case. FINDINGS OF FACT 1. Findings as to the Need and Justification for a Chanore or Amendment. The rezone of 'Nixon Ranch", a Portion of Lot 1, U.S. Survey 2539, from C--Conservation to RRl--Rural Residential One, is necessary and justified because the RRl--Rural Residential One Zoning District permits development that: A. is consistent with the comprehensive plan in this area; and B. is suitable for the existing tract, as well as allowing for the future development of additional lots that will not exceed the density of development envisioned by the comprehensive plan; and C. will not create any nonconforming land uses as a result of the rezoning. KIBS227191 P & Z Minutes: September 19, 1990 Page 18 of 37 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1982 Women's Bay Community Development Plan shows this area to be designated for Rural Residential Development. The history of this area is one of mined industrial and institutional use which will slowly give way to more residential development. The rezoning of this lot to RRl--Rural Residential One will allow many of the same land use activities as the existing C--Conservation Zoning District with a marginal increase in the potential density of residential development. The motion was seconded and CARRIED by unanimous roll call vote. R) Request for review by the Planning and Zoning Commission in accordance with Sections 18.20.030.A (Review by the Planning and Zoning Commission -- Assembly Approval) and 18.20.100.A and B (Disposal for Fair Market Value) of the Borough Code of a disposal of the following described parcels of Borough land. (Kodiak Island Borough) Case 90-060: Lot 5A-2, U.S. Survey 2538. Generally located off of Egan Way. (Less than Fair Market Value) Case 90-064: Lot 7A, Block 4, Monashka Bay Subdivision. 2800 Monashka Bay Road and 1692 Sawmill Circle. (Fair Market Value) CHAIRMAN HEINRICHS explained that the Commission would hear and decide Case 90-060 and Case 90-064 separately, beginning with Case 90-060. Case 90-060 DUANE DVORAK indicated 72 public hearing notices were mailed for this case and none were returned. Staff recommended forwarding this request to the Assembly recommending approval of this disposal, subject to one condition. Regular Session Closed. Public Hearing Opened: KELLY LAW, KMXT General Manager, appeared before the Commission and expressed support for this request. MARK BUCKLEY appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. KIBS227192 P & Z Minutes: September 19, 1990 Page 19 of 37 COMMISSIONER HODGINS MOVED TO ADOPT Planning and Zoning Resolution 90-03-R in accordance with Sections 18.20.030 and 18.20.100 of the Borough Code, recommending that the Kodiak Island Borough Assembly dispose of a 19,500 square foot portion (proposed Lot 5A-2, U.S. Survey 2538) of Borough land for less than fair market value; subject to the condition of approval contained in the staff report dated September 10, 1990; and to adopt the fording of fact contained in the staff report dated September 10, 1990, as a "Finding of Fact" for this case. CONDITION OF APPROVAL 1. The portion of Lot 5A, U.S. Survey 2538 to be disposed of (proposed Lot 5A-2) must be created by plat prior to disposal by the Kodiak Island Borough. I � w:� ► I. 11► [ems � ► nyiC•� � �e�K•]T�T1 f`��[•7�i RESOLUTION NUMBER 90-03-R A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF BOROUGH PROPERTY. WHEREAS, Section 18.20.030 of the Borough Code requires the review of each disposal of Borough real property by the Planning and Zoning Commission; and WHEREAS, Section 18.20.170 defines "disposal' as any transfer of real property; and, WHEREAS, Section 18.20.100.13 allows for property disposal for less than fair market value to a non-profit corporation or association; and, WHEREAS, approximately 19,500 square feet located within Lot 5A, U.S. Survey 2538, has been requested by a non-profit corporation for the development of a new public radio station; and, WHEREAS, the Planning and Zoning Commission has held an advertised and noticed public meeting on the disposal; and, WHEREAS, the Planning and Zoning Commission has determined that this disposal is in compliance with Borough Codes; and WHEREAS, the Planning and Zoning Commission has determined that it would be appropriate to dispose of a Portion of Lot 5A, U.S. Survey 2538, for less than fair market value to a non-profit corporation. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Planning and Zoning Commission finds that the disposal of a Portion of Lot 5A, U.S. Survey 2538, for less than fair market value to a non-profit corporation by the Kodiak Island Borough is consistent with Titles 17 and 18 of the P & Z Minutes: September 19, 1990 KIBS227193 Page 20 of 37 Borough Code and recommends that the Assembly dispose of the property in accordance with Kodiak Island Borough Code Section 18.20.100.13, subject to the following one (1) condition: (1) The Portion of Lot 5A, U.S. Survey 2538 to be disposed of (proposed Lot 5A2) must be created by plat prior to disposal by the Kodiak Island Borough. PASSED AND APPROVED THIS 19th DAY OF SEPTEMBER, 1990. The motion was seconded and CARRIED by unanimous roll call vote. 19TT_1F-103#1Y1 DUANE DVORAK indicated 52 public hearing notices were mailed for this case and 3 were returned, 1 opposing and 2 stating non -objection to this request. Staff recommended forwarding this request to the Assembly recommending approval of this disposal, subject to conditions. Regular Session Closed. Public Hearing Opened: LESLIE WATSON appeared before the Commission and expressed opposition to this request. DAVE HERRNSTEEN appeared before the Commission and expressed opposition to this request. FRED TURCOTT appeared before the Commission and expressed opposition to this request. STAN WOLRICH appeared before the Commission and expressed opposition to this request. DAN MACIAK appeared before the Commission and expressed opposition to this request. RICK COLLINS appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO ADOPT Planning and Zoning Resolution 90-04-R in accordance with Sections 18.20.030 and 18.20.100 of the Borough Code, recommending that the Kodiak Island Borough Assembly dispose of a parcel of Borough land known as Lot 7A, Block 4, Monashka Bay Subdivision for fair market value; and to adopt the finding of fact contained in the staff report dated September 10, 1990 as a "Finding of Fact" for this case. The motion was seconded. KIBS227194 P & Z Minutes: September 19, 1990 Page 21 of 37 COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by adding the following language to the Resolution: IT IS FURTHER RESOLVED that the Kodiak Island Borough Planning and Zoning Commission recommends that Lot 7A, Block 4, Monashka Bay Alaska Subdivision be subdivided according to the requirements of Title 16 and according to the guidelines of the Monashka Bay Comprehensive Plan prior to disposal. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HODGINS MOVED TO AMEND THE MAIN MOTION by adding the following language to the Resolution: IT IS FURTHER RESOLVED that the Kodiak Island Borough Planning and Zoning Commission recommends that the subdivision of Lot 7A, Block 4, Monashka Bay Alaska Subdivision be consistent with the lot sizes and configuration of other lots in the surrounding neighborhood. 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. FINDING OF FACT The disposal is consistent with both Title 17 of the Kodiak Island Borough Code and the Kodiak Island Borough Coastal Management Program. PLANNING AND ZONING COMMISSION RESOLUTION NUMBER 90-04-R A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF BOROUGH PROPERTY. WHEREAS, Section 18.20.030 of the Borough Code requires the review of each disposal of Borough real property by the Planning and Zoning Commission; and WHEREAS, Section 18.20.170 defines "disposal" as any transfer of real property; and, WHEREAS, Section 18.20.100.A allows for property disposal at fair market value to any person or entity except as otherwise provided by Title 18; and, WHEREAS, the Borough administration has determined that a 9.88 acre lot, known as Lot 7A, Block 4, Monashka Bay Alaska P & Z Minutes: September 19, 1990 KIBS2.27195 Page 22 of 37 Subdivision, is surplus to the current or foreseen needs of the Borough; and, WHEREAS, the Planning and Zoning Commission has held an advertised and noticed public meeting on the disposal; and, WHEREAS, the Planning and Zoning Commission has determined that this disposal is in compliance with Borough Codes; and WHEREAS, the Planning and Zoning Commission has determined that it would be appropriate to dispose of Lot 7A, Block 4, Monashka Bay Alaska Subdivision to the public for fair market value. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Planning and Zoning Commission finds that the disposal of Lot 7A, Block 4, Monashka Bay Alaska Subdivision for fair market value to the public by the Kodiak Island Borough is consistent with Titles 17 and 18 of the Borough Code and recommends that the Assembly dispose of the property specified above in accordance with Kodiak Island Borough Code Section 18.20.100.A. IT IS FURTHER RESOLVED that the Kodiak Island Borough Planning and Zoning Commission recommends that Lot 7A, Block 4, Monashka Bay Alaska Subdivision be subdivided according to the requirements of Title 16 and according to the guidelines of the Monashka Bay Comprehensive Plan prior to disposal and that the subdivision of Lot 7A, Block 4, Monashka Bay Alaska Subdivision be consistent with the lot sizes, and configuration of other lots in the surrounding neighborhood. PASSED AND APPROVED THIS 19th DAY OF SEPTEMBER, 1990. S) Case S-90-031. Request for preliminary approval of the subdivision of Lot 1, Block 7, Miller Point Subdivision First Addition creating Lots IA and 1B, Block 7, Miller Point Subdivision First Addition. 764 Lilly Drive (Jose Bravo) DUANE DVORAK indicated 53 public hearing notices were mailed and none were returned. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: JOSE BRAVO appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARREIT MOVED TO GRANT preliminary approval of the subdivision of Lot 1, Block 7, Miller Point Alaska Subdivision First Addition creating Lots IA and 1B, Block 7, Miller Point Alaska Subdivision First Addition; subject to the P & Z Minutes: September 19, 1990 KIBS227196 Page 23 of 37 conditions of approval contained in the staff report dated September 10, 1990; and to adopt the findings contained in the staff report dated September 10, 1990, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Remove the portion of deck projecting onto Tract A, Miller Point Alaska Subdivision First Addition, prior to final approval of the plat. 2. Within thirty (30) days of preliminary approval, obtain a building permit for the upgrade of the "accessory" building located on Lot lA to a single-family dwelling and obtain a certificate of occupancy within one (1) year of the date of preliminary approval. 3. Upgrade the driveway on Lot lA to the standards of the Borough Code prior to final approval of the plat. 4. Vacate the existing water service to the dwelling on Lot 1B which crosses Lilly Drive and install a service connection to the utilities located in the Lilly Drive right-of-way. 5. Realign the lot line between Lots lA and 1B to approximate the 115 foot contour. 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. 5. The location of a portion of the mobile home and deck addition within a platted ten (10) foot wide utility easement is at the property owner's risk. The motion was seconded and CARRIED by unanimous roll call vote. T) Case S-90-032. Request for preliminary approval of the subdivision of Lot 3, Block 5, Miller Point Subdivision First Addition creating Lots 3A, 313, and 3C, Block 5, Miller Point Subdivision First Addition. 366 Neva Way (Duane Freeman) P & Z Minutes: September 19, 1990 KIBS227197 Page 24 of 37 DUANE DVORAK indicated 54 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: DON HORTON 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 3, Block 5, Miller Point Alaska Subdivision First Addition creating Lots 3A, 3B, and 3C, Block 5, Miller Point Alaska Subdivision First Addition; subject to the conditions of approval contained in the staff report dated September 11, 1990, adding condition of approval number eight, stating "Place a note on the final plat stating: 'The front yard setback for Lot 3A shall be measured from the rear lot line of Lots 3B and 3C' and to adopt the findings contained in the staff report dated September 11, 1990, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Relocate the line between Lots 3B and 3C so that both lots meet the minimum lot width requirement of the R2--Two- family Residential Zoning District. 2. Record a temporary electrical service easement across Lot 3B to serve Lot 3C as required by Kodiak Electric Association. 3. Designate the flag stem for Lot 3A as a utility easement to serve Lot 3B. 4. Provide a drainage plan for Lot 3C to the Kodiak Island Borough Engineering and Facilities Department for review and approval prior to final approval of the plat. 5. Provide an engineered driveway plan for the flag stem access on Lot 3A to the Kodiak Island Borough Engineering and Facilities Department for review and approval prior to final approval of the plat. 6. The mobile home located on the lot line between Lot 3A and Lot 2 must be relocated to a legal location on Lot 3A or removed prior to final approval of the plat. 7. Approval of the plat by the Alaska Department of Environmental Conservation must be obtained and a copy of ADEC's approval received by the Community Development Department prior to final approval of the plat. 8. Place a note on the final plat stating: P & Z Minutes: September 19, 1990 KIBS227198 Page 25 of 37 'The front yard setback for Lot 3A shall be measured from the rear lot line of Lots 3B and 3C." 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. U1) Case 5-90-033. Request for preliminary approval of the subdivision of Lot 5A, U.S. Survey 2538 creating Lots 5A1 and 5A2, U.S. Survey 2538. 623 to 815 Rezanof Drive and off of Egan Way (Kodiak Island Borough) DUANE DVORAK indicated 72 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to conditions. Staff also provided the Commission with a supplemental staff report prior to the beginning of this meeting. Regular Session Closed. Public Hearing Opened: KELLY LAW, KMXT General Manager, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT preliminary approval of the subdivision of Lot 5A, U.S. Survey 2538 creating Lots 5A1 and 5A2; subject to the conditions of approval contained in the staff report dated September 19, 1990; and to adopt the findings contained in the staff report dated September 19, 1990, as "Findings of Fact" for this case. OF APPROVAL 1. Place a note on the final plat stating the restrictive conditions under which the property was conveyed to the Borough. P & Z Minutes: September 19, 1990 KIBS227199 Page 26 of 37 2. Record a document granting the Kodiak Electric Association a ten (10) foot wide electrical utility easement centered on the existing service line and light poles shown on the map submitted by KEA on September 12, 1990. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. 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. V) Capital Improvements Program (CIP). Request for review by the Planning and Zoning Commission under Section 2.40.030(E) of the Borough Code of a list of recommended Capital Improvements which are necessary or desirable to be constructed during the next five (5) year period (Fiscal Year 1992 through Fiscal Year 1996). Staff recommended forwarding this request to the Assembly recommending approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly incorporate the following projects in the priority listed into the Borough's adopted CIP list for FY92 through FY96: 1. Hospital construction $15,000,000 2. Mill Bay Road reconstruction 5,000,000 3. Resurfacing Rezanof Drive 4,500,000 4. New elementary school 8,200,000 5. Airport sewage treatment plant 800,000 6. Left turn lanes at State airport and USCG Base 800,000 7. High school shop/classroom and roof replacement917,000 P & Z Minutes: September 19, 1990 KIBS227200 Page 27 of 37 8. Underground storage tank improvements 100,000 9. Developmental disabilities and student housing upgrade 917,000 10. Cape Chiniak Road erosion/relocation 350,000 11. Service District #1 water and sewer projects 3,203,000 12, Airport development 500,000 13. Selief Lane drainage 60,000 14. Bayside Fire Station expansion 275,000 15. Solid waste disposal site 1,120,000 16. Women Bay water and sewer system design 1,100,000 17. Monashka Bay water and sewer system design 1,100,000 18. Public water system filtration plant A&E 600,000 19. Sheratin/Peranosa construction 2,500,000 20. Road designs: Three Sisters, Sawmill Extension, and Peninsula 30,000 21. Bells Flats Road 1,250,000 22. State Airport expansion/upgrade 5,000,000 23. Karluk access road design 25,000 24. Gear storage facility construction 2,500,000 25. Kalsin Hill road relocation 3,900,000 26. Spruce Cape Road upgrade/walkway 1,800,000 27. Maintenance facility storage mezzanine 105,600 The motion was seconded. BARREIT MOVED TO AMEND THE MAIN MOTION, adding: 28. Public Boat Launch/Monashka Bay VFW Site $2,500,000 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. A) Case 90-046. Proposed revisions to Chapters 17.51 (Accessory Buildings) and 17.52 (Agricultural Buildings) of the Borough Code. Staff recommended forwarding this request to the Assembly recommending adoption of the proposed revisions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO RECOMMEND recommend that the Assembly adopt the proposed revisions to Chapter 17.51 (Accessory Buildings) and Chapter 17.52 (Agricultural Buildings) as identified in the attached draft. Chapter 17.51 Accessory Buildings of the Borough Code is repealed and re-enacted as follows: P & Z Minutes: September 19, 1990 KIBS227201 Page 28 of 37 Sections: 17.51.010 Intent. 17.51.020 Definition. 17.51.030 Permitted districts. 17.51.040 Height limit. -- 17.51.050 Area. 17.51.060 Setbacks. 17.51.010 Intent. It is the intent of this chapter to set forth standards for the size and location of accessory buildings. 17.51.020 Definition. "Accessory building" means: A. A detached building, the use of which is appropriate, subordinate, and customarily incidental to that of a main building located on the same lot as the main building and which is not designed or intended to be used for living or sleeping purposes. B. An accessory building shall be considered to be a part of a main building when joined to the main building by a common wall not less than four (4) feet long or by a roofed passageway which shall not be less than eight (8) feet in width. C. Any structure, regardless of type of foundation or base support, including skid -mounted or other movable structure, that also requires a building permit for construction [for example, structures where the projected roof area exceeds one hundred twenty (120) square feet]. A minor structural development that does not require a building permit is not regulated by this Chapter. 17.51.030 Permitted districts. A. Accessory buildings are permitted in all land use districts that specifically allow for them. B. In residential zoning districts, no accessory building shall be located on any lot in the absence of a main building used as a residence; except that in the case of a vacant lot, zoning compliance for an accessory building (used solely for the storage of tools and materials needed for the construction of the permitted residence) may be issued at the same time zoning compliance and a building permit are issued for a residence. 17.51.040 Height limit. The maximum height of an accessory building is twenty-five (25) feet. 17.51.050 Area. The maximum lot coverage of the total of all accessory buildings on a lot shall not exceed five (5) percent of the area of a lot except that on any lot of record, accessory buildings may cover a maximum of six hundred (600) square feet of the lot or five percent (5%) of the area of the lot, whichever is greater. P & Z Minutes: September 19, 1990 KIBS22.7202 Page 29 of 37 17.51.060 Setbacks. The setbacks for accessory buildings are those established for the zoning district in which the accessory building will be located. Section 17.06.080 of the Borough Code is revised to read: "Accessory building" means: A. A detached building, the use of which is appropriate, subordinate, and customarily incidental to that of a main building located on the same lot as the main building and which is not designed or intended to be used for living or sleeping purposes. B. An accessory building shall be considered to be a part of a main building when joined to the main building by a common wall not less than four (4) feet long or by a roofed passageway which shall not be less than eight (8) feet in width. C. Any structure, regardless of type of foundation or base support, including skid -mounted or other movable structure, that also requires a building permit for construction [for example, structures where the projected roof area exceeds one hundred twenty (120) square feet]. A minor structural development that does not require a building permit is not regulated by this Chapter." Chapter 17.52 Agricultural Buildings of the Borough Code is repealed. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 90-047. Proposed revisions to Chapter 17.60 (Signs) of the Borough Code. Staff recommended forwarding this request to the Assembly recommending adoption of the proposed revisions. 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 17.60 (Signs). Chapter 17.60 Signs of the Borough Code is repealed and re- enacted as follows: Sections: 17.60.010 Intent 17.60.020 Residential Zoning Districts KIBS227203 P & Z Minutes: September 19, 1990 Page 30 of 37 17.60.030 Non -Residential Zoning Districts 17.60.010 Descri tion and Intent. The intent of this chapter is to regulate signsi so that they will not, by reason of their size, location, construction, or manner of display, endanger the public health, safety, or general welfare. It is further intended that this chapter will regulate signs in such a way as to support and complement the purposes and intent of this title as well as the economic growth of the community. Zoning compliance is not required for the installation of signs. 17.60.020 Residential Districts. A. In residential zoning districts the following signs are permitted: 1. One (1) sign not exceeding six (6) square feet in area for the purpose of identifying the name of the occupant and/or the occupant's home occupation. 2. One (1) sign not exceeding six (6) square feet in area for the purpose of advertising the sale or lease of a building or property. 3. One (1) sign not exceeding twenty-five (25) square feet in area for the purpose of identifying nonconforming uses. 4. One (1) sign not exceeding twenty-five (25) square feet in area for the purpose of identifying a permitted non-residential use, housing project, or subdivision development of less than two (2) acres in size. Such a sign may be located on any lot in the development area. 5. One (1) sign not exceeding one hundred (100) square feet in area for the purpose of advertising a permitted non-residential use, housing project, or subdivision development of at least two (2) acres in size. Such a sign may be located on any lot in the development area. 6. One (1) sign not exceeding sixteen (16) square feet in area for the purposes of advertising the construction, contractor(s), or financing of a construction project. The sign is permitted only upon issuance of a building permit and must be removed within thirty (30) days following the issuance of a certificate of occupancy. B. Signs in residential districts may be located anywhere on the lot which they are intended to serve as long as they do not create an obstruction to traffic and they may not exceed six (6) feet in height measured from grade, at the point of installation. 1 Excluded from regulation are: flags, window displays, traffic, and roadway signs. P & Z Minutes: September 19, 1990 KIBS,227204 Page 31 of 37 C. No illuminated2 or flashing signs3 are permitted in any residential district. 17.60.030 Nonresidential Zoning Districts. In all nonresidential zoning districts any number, type, or location of signs are permitted, subject to the following: A. No illuminated or flashing signs are permitted within three hundred (300) feet of any residential zoning district unless shielded from the residential zoning district. B. The maximum height of any sign is limited to the maximum building height of the zoning district in which the sign is located. C. All signs shall be located on the same lot as, or any adjoining/abutting lot in common ownership as, the principal building or use which they are intended to serve. They may be located anywhere on the lot as long as they do not create an obstruction to traffic. D. The maximum square footage of all signs for a developed lot shall not exceed twenty-five percent (25%) of the square footage of that building face fronting on the public street which the sign will face. E. The maximum square footage of a sign erected on vacant property (e.g., advertising the property for sale) is thirty- two (32) square feet. Section 17.06.320.1) is revised to read: " ... other than one (1) sign not exceeding [four (4)] six 6 square feet in area... " The motion was seconded and CARRIED by unanimous roll call vote. C) Case 90-048. Proposed revisions to Chapter 17.57 (Off-street Parking) of the Borough Code. Staff recommended postponing this request in order to hold a third public hearing on the proposed revisions to Chapter 17.57 (Off-street Parking). Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO POSTPONE action on Case 90-048 until the October regular meeting in order to hold a 2 A sign lighted by or exposed to artificial lighting by lights on or in the sign or directed towards the sign. 3 Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever. P & Z Minutes: September 19, 1990 KIBS227205 Page 32 of 37 third public hearing on the proposed revisions to Chapter 17.57 (Off-street Parking). The motion was seconded and CARRIED by unanimous roll call vote. D) Case 90-049. Proposed revisions to Chapter 17.54 (Fences and -- Walls) of the Borough Code. Staff recommended forwarding this request to the Assembly recommending adoption of the proposed revisions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO RECOMMEND that the Assembly adopt the proposed revisions to Chapter 17.54 (Fences and Walls). Chapter 17.54 Fences, Walls, and Hedges is repealed and re- enacted as follows: Sections: 17.54.010 Permitted Locations 17.54.020 Height Limit 17.54.010 Permitted Locations A. Fences, walls, and hedges are permitted in all land -use districts and may be further regulated by specific district regulations. B. Fences, walls, and hedges are permitted in any location on a lot and in road rights -of -way if the owner of the right-of- way grants written permission. C. Zoning compliance is not required for the installation of a fence, wall, or hedge. 17.54.020 Height Limit A. Fences, walls, and hedges up to a maximum height of six (6) feet are permitted in residential zoning districts. B. Fences, walls, and hedges of unrestricted height are permitted in non-residential zoning districts. C. Where a residentially zoned lot adjoins a non -residentially zoned lot, fences, walls, and hedges of unrestricted height are permitted. KIBS227206 P & Z Minutes: September 19, 1990 Page 33 of 37 The motion was seconded and CARRIED by unanimous roll call vote. E) Case 90-050. Proposed revisions to Chapter 17.40 (Projections into Required Yards) of the Borough Code. Staff recommended postponing action on this request in order to hold a third public hearing on the proposed revisions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO POSTPONE action on Case 90-050 until the October regular meeting in order to hold a third public hearing on the proposed revisions to Chapter 17.40 (Projections into Required Yards). The motion was seconded and CARRIED by unanimous roll call vote. F) Case 90-051. Proposed revisions to Chapter 17.53 (Recreational Vehicle Parks) of the Borough Code. Staff recommended that at least one (1) additional public hearing be held prior to any revisions being 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 POSTPONE action on Case 90-051 until the October regular meeting in order to hold a third public hearing on the proposed revisions to Chapter 17.53 (Recreational Vehicle Parks). The motion was seconded and CARRIED by unanimous roll call vote. G) Case 90-053. Proposed revisions to Chapter 17.42 (Additional Setback Requirements) of the Borough Code. Staff recommended forwarding this request to the Assembly recommending adoption of the proposed revisions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Y�IBS221201 P & Z Mtnutes: September 19, 1990 Page 34 of 37 Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO RECOMMEND that the Assembly adopt the proposed revisions to Chapter 17.42 (Additional Setback Requirements). Chapter 17.42 Additional Setback Requirements is repealed and re-enacted as follows: Sections: 17.42.010 Additional setback requirements. 17.42.010 Additional setback requirements. A. Whenever a parcel of property adjoins Mill Bay Road between Center Avenue and Rezanof Drive East or Mission Road between Center Avenue and Benny Benson Drive any structure placed on the parcel shall be setback a minimum of forty (40) feet from the centerline of the platted right-of-way or from the centerline of any access easement. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case S-88-029. Findings of fact in support of the denial of preliminary approval of the vacation of a platted fifty (50) foot wide road and utility easement from Sawmill Circle through Lots 2 and 3, Block 4, Monashka Bay Alaska Subdivision, and of the twenty-five (25) foot wide portion of the road and utility easement across the rear lot line of Lot 3, Block 4, Monashka Bay Alaska Subdivision; and the creation of a ten (10) foot wide electrical easement along the rear lot lines of Lots 2 and 3. Block 4, Monashka Bay Alaska Subdivision. 1548 and 1626 Sawmill Circle (Fred Turcott and Al Spalinger) (Deferred from the August 1990 Planning and Zoning Commission regular meeting.) COMMISSIONER BARREIT MOVED TO ADOPT the findings contained in the staff report dated September 11, 1990, as "Findings of Fact" for Case S-88-029. FINDINGS OF FACT 1. The access easement proposed for vacation currently provides primary access to one (1) lot and secondary access to three (3) additional lots in Monashka Bay Alaska Subdivision. 2. Based on profiles of the access easement proposed for vacation, and two (2) alternative access routes, it appears that the existing access easement provides the best grade for the construction of access. P & Z Minutes: September 19, 1990 1013S227208 Page 35 of 37 3. There is no compelling reason to eliminate the proposed access easement which was created at the time the subdivision was platted in 1967. The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER HODGINS MOVED TO ACKNOWLEDGE RECEIPT of items A through M of communications. A) Memorandum dated August 20, 1990, to Leonard Kimball, Building Official from Linda L. Freed, re: Building Code violation - Lot 7A, Block 1, Airpark Subdivision - 1759 Mill Bay Road. B) Letter dated August 20, 1990, to Elizabeth Benson, OMB-DGC, re: Womens Bay 17 - Lot 24, Block 1, Russian Creek Alaska Subdivision - 11590 Cape Chiniak Road. C) Letter dated August 20, 1990, Alison L. Smith, OMB-DGC, re: Women Bay 19 - Lot 4, Tract N, and Tract M, Russian Creek Alaska Subdivision - 835 Panamarof Creek Drive and 11979 South Russian Creek Road. D) Article entitled "Planning Commissioner's Point -of -View" from the Special Issue of Planning Association of Washington. E) Letter dated August 29, 1990, to Peter N. Holm, Jr. from Tom Sweeney, Hearing Examiner, re: Appeal Hearing. F) Letter dated August 30, 1990, to Josefino and Cora Anselmo from Bob Scholze, re: Lot 25, Block 5, Aleutian Homes - 711 Hemlock; Number of persons living in a dwelling. G) Letter dated August 31, 1990, to Mark Majdic from Bob Scholze, re: Lot 2A1, Block 5, Miller Point Subdivision - 4050 Parkside; Outdoor storage. H) Letter dated September 5, 1990, to Cory Baker from Bob Scholze, re: Lot 8A, Block 1, Miller Point 2nd Addition - 4116 Cliffside; Outdoor storage. I) Letter dated September 12, 1990, to Waldo's Enterprises, Ltd., from Bob Scholze, re: Portion of Tract C, U.S. Survey 1396 - Abandoned/Unregistered vehicles and litter. J) Letter dated September 13, 1990, to Terrance Brauner from Bob Scholze, re: Lot 12, Block 6, Baranof Heights 1st Addition - 1221 Larch - Illegal 4-plex. KIBS227209 P & Z Minutes: September 19, 1990 Page 36 of 37 K) Memorandum dated September 15, 1990, re: Lot 22, U.S. Survey 3099 - Junk vehicles and equipment. L) Letter dated September 18, 1990, to Carl and Lisa Brewer from Bob Scholze, re: Lot 6, U.S. Survey 3466 - Junk vehicles, salvage, and outdoor storage. M) Violations Status Log dated September 18, 1990. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS COMMISSIONER HODGINS MOVED TO ACKNOWLEDGE RECEIPT of item B of reports. B) Community Development Department Plat Activity Report. The motion was seconded and CARRIED by unanimous voice vote. There were no further reports. There were no audience comments. XH. COMMISSIONERS' COMMENTS CHAIR HEINRICHS adjourned the meeting at 11 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Qay - Robin Heinrichs, Chair o rI By: k/� Patricia Eads, Secretary Community Development Department DATE APPROVED: October 17, 1990 KIBS227210 P & Z Minutes: September 19, 1990 Page 37 of 37