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1990-12-19 Regular MeetingI. H. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - DECEMBER 19, 1990 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Robin Heinrichs on December 19, 1990, in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Robin Heinrichs, Chair Bruce Barrett Wayne Coleman Jon Hartt Tom Hendel Jody Hodgins Commissioners Absent: Jon Aspgren, 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 and deletions to the agenda: AGENDA ADDITIONS IX COMMUNICATIONS C) Letter dated December 7, 1990, to Ingeborg Nyland from Bob Scholze, re: Lot 2, Block 6, Baranof Heights Subdivision - 110 Madsen. D) Letter dated December 12, 1990, to Johnston, Rieth, and Hannah from Bob Scholze, re: Lot 4A, Block 7, Miller Point 1st Addition - 3438 Anton Way. E) Letter dated December 19, 1990, to Richard and Kathryn Madsen from Bob Scholze, re: Lot 5B, Block 3, Bells Flats - 782 Sargent Creek Road. KIBS227289 Page I of 13 P & 2 Minutes: December 19, 1990 AGENDA DELETIONS X REPORTS A) Community Development Department Monthly Status Report - November 1990. COMMISSIONER HENDEL MOVED TO ACCEPT the agenda with the additions and deletions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HENDEL MOVED TO ACCEPT the minutes of the October 17 and November 21, 1990, Planning and Zoning Commission regular meetings as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 90-078. Request for an exception from Section 17.19.020 (Permitted uses) of the Borough Code to permit the use of an undocumented, nonconforming commercial warehouse on a lot in the R2--Two-family Residential Zoning District. Lot 5, U.S. Survey 3101; 3497 Spruce Cape Road (Virginia Ball; Louise Ball Cusson) LINDA FREED reported that the applicant had withdrawn this request and indicated that no public hearing need be held. The Commission took no action on this request. B) Case 90-080. Request for a variance from Section 17.17.050.13 (Yards) of the Borough Code to permit an addition to an existing single-family residence which will encroach no more than five (5) feet into the required ten (10) foot side yard setback on a lot in the RRl--Rural Residential One Zoning District. Lot lAl, Block 1, Woodland Acres Subdivision; 4074 Rezanof Drive. (Jock Bevis; J.C. Crawford) LINDA FREED indicated 27 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: J.C. Crawford, representing the applicant, appeared before the Commission and expressed support for this request. Public Hearing Closed. P & Z Mtnute : December 19. 1990 KIBS227290 Page 2 of 13 Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT a variance from Section 17.17.050.13 of the Borough Code to permit an addition to an existing single-family residence which will encroach no more than five (5) feet into the ten (10) foot side yard setback required in the RRl--Rural Residential One Zoning District on Lot IAl, Block 1, Woodland Acres Subdivision; and to adopt the findings contained in the staff report dated December 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 genergLly do not apply to other properties in the same land use district. The exceptional physical condition applicable to this property that does not apply to other properties in the same land use district is the fact that this lot is located in an area that is potentially vulnerable to tsunami run-up. In this case, it is prudent to locate residential structures as far back from the active shoreline as possible. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances would not permit an addition to the existing structure to encroach into the required ten (10) foot side yard setback of the RRl--Rural Residential One Zoning District. This would be an unnecessary hardship when other similarly situated lots along the shoreline have been zoned to a higher density such as R2--Two-family Residential. Medium density residential zoning, as indicated in the comprehensive plan, would permit the proposed development outright. This increase in density would not be appropriate, however, given the concerns noted in section one above. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity no be detrimental to the public's health, safety and welfare. The side yard setback for the adjacent lot (Lot 1A, U.S. Survey 3462) is ten (10) percent of the lot width up to a maximum of twenty-five feet (as required by the PL--Public Use Land Zoning District). If a five (5) foot minimum side yard setback is maintained on Lot 1A-1, the side yard setback on the adjacent lot will insure adequate separation between main structures. 4. The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. The comprehensive plan identifies this area for medium density development. Medium density residential P & Z Minutes: December 19. 1990 KIBS227291 Page 3 of 13 development is permitted by the Rl--Single-family Residential and R2--Two-family Residential Zoning Districts. Both of these zoning districts require only a five (5) foot side yard setback. Therefore, granting this variance will not be contrary to the objectives of the comprehensive plan. 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 have not caused special conditions or financial hardship from which relief is being sought by variance. This case will be decided prior to initiating construction of this project. 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 all residential zoning districts. The motion was seconded and CARRIED by majority roll call vote. Commissioners Hodgins and Barrett voted "no." C) Case 90-081. Request for a variance from Section 17.20.040.0 (Yards) of the Borough Code to permit a ten (10) foot by twenty (20) foot shop addition to the rear of an existing single-family residence which will encroach no more than four (4) feet into the required ten (10) foot rear yard setback on a corner lot in the R3--Multifamily Residential Zoning District. Lot 8A, Block 1, Killarney Hills Subdivision; 217 Murphy Way (Russell and Mary Grimm; Bob Shuttlesworth) LINDA FREED indicated 27 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Staff provided the Commission with a copy of an airphoto of the property as requested by the Commission at the packet review worksession. Regular Session Closed. Public Hearing Opened: BOB SHUTTLESWORTH, representing the applicant, appeared before the Commission to answer questions about this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a variance from Section 17.20.040.0 of the Borough Code to permit a ten (10) foot by twenty (20) foot shop addition to the rear of an existing single-family residence which will encroach no more than four (4) feet into the required ten (10) foot rear yard setback on a comer lot in the R3--Multifamily Residential Zoning District on Lot 8A, Block 1, Killarney Hills Subdivision; and to adopt the findings contained in the staff report dated December 6, 1990 as "Findings of Fact" for this case. KIBS227292 P & Z Minutes: December 19, 1990 Page 4 of 13 FINDINGS OF FACT 1. Exceptional physical circumstances or conditions al)plicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional physical circumstance in this case is the fact that this lot is a corner lot rather than an interior lot. Corner lots are more constrained than interior lots because a ten foot setback is required along the side lot line adjacent to the street. In addition, the rear lot line on this lot constitutes a side lot line for adjacent Lot 7A. While these conditions were pre-existing on the lot, subsequent development of a single-family dwelling did not adequately allow for future accessory uses that are reasonable and subsidiary to the primary use of the lot for residential purposes. The existing dwelling is presently located well back from all lot lines. While it appears that the addition of a shop to any of the other sides of the structure could be accommodated within the required setbacks, the addition would not fit as well with the architecture of the structure. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the Borough Code would not permit an addition to a single-family residence to encroach a rear yard setback. This would result in practical difficulty and unnecessary hardship for the property owners as they could not reasonably develop an attached shop elsewhere without compromising the architecture of their house. In addition, the lot line in question constitutes a side lot line requiring only a five (5) foot setback for adjacent Lot 7A. It appears that this same lot line could also serve adequately as a "side" lot line for Lot 8A without compromising the intent and purpose behind the establishment of required yard setbacks. 3. The granting of the variance will not result in material damages or vreiudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of this variance will not result in material damage or prejudice to other properties in the area. Allowing the shop addition to encroach into the rear yard setback no more than four (4) feet will still leave a six (6) foot setback in place. Considering the dwelling next door meets the required setbacks for the district, the minimum separation between structures will be over eleven (11) feet. Under similar circumstances, the Commission has granted other variances for accessory additions to residential structures located on corner lots. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. P & Z Minutes: December 19, 1990 KIBS227293 Page 5 of 13 Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for High Density Residential Development. In addition, comprehensive plans do not address minor developments such as accessory additions to existing dwellings where traffic flow and population density remain unchanged. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this instance, the actions of the applicant have not caused the conditions from which relief is being sought by variance. The variance will be decided prior to the construction of the proposed shop addition. 6. That the granting of the variance will not permit a Trohibited land use in the district involved. Accessory additions to single-family dwellings are permitted in the R3--Multifamily Residential Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. D) Case 5-90-044. Request for preliminary approval of the vacation of Tracts S-4A-IA, S-4A-2A-1, and S-4A-2A-2, U.S. Survey 3218 and Lots 4 and 5-A, Lakeside Subdivision Second Addition and replat to Tract S-5 of portions of Tract S, U.S. Survey 3218 and Lots 4-A and 5-Al, Lakeside Subdivision Second Addition. 2675 Mill Bay Road and 160 and 170 Von Scheele Way and 2522 and 2620 Selief Lane (Mill Bay Plaza Associates) LINDA FREED indicated 35 public hearing notices were mailed for this case and 1 was returned by the City of Kodiak. The public hearing notice returned by the City Manager stated that the City Council wants the conditions of the replat to include the annexation of that portion of Lot 4, Lakeside Subdivision Second Addition that is outside the City limits of the City of Kodiak, primarily because it creates a jurisdictional problem for the police, fire, and other City departments. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO GRANT preliminary approval of the vacation of Tracts S-4A-lA, S-4A-2A-1, and S- 4A-2A-2, U.S. Survey 3218 and Lots 4 and 5A, Lakeside P & Z Minutes: December 19, 1990 KIBS227294 Page 6 of 13 Subdivision Second Addition and replat to Tract S-5 of portions of Tract S, U.S. Survey 3218 and Lots 4A and 5A1, Lakeside Subdivision Second Addition; and to adopt the findings contained in the staff report dated December 11, 1990, as "Findings of Fact" for this case; and subject to the following conditions of approval: CONDITIONS OF APPROVAL 1. Correct the title block to include Lot 4, Lakeside Subdivision Second Addition among the lots being vacated. 2. That portion of Lot 4, Lakeside Subdivision Second Addition that is outside the City limits of the City of Kodiak must be annexed to the City prior to filing the final plat. The motion was seconded. COMMISSIONER HENDEL MOVED TO AMEND THE MAIN MOTION by changing condition of approval number two to read: 2. The Planning and Zoning Commission recommends that the applicant proceed with the annexation into the City of Kodiak of that portion of Lot 4, Lakeside Subdivision Second Addition that is outside the City limits of the City of Kodiak. The AMENDMENT was seconded and FAILED by unanimous roll call vote. Commissioners Heinrichs, Coleman, Hendel, Hodgins, Hartt, and Barrett. COMMISSIONER HODGINS MOVED TO AMEND THE MAIN MOTION by striking condition of approval number two. The AMENDMENT DIED FOR THE LACK OF A SECOND. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by changing condition of approval number two to read: 2. The applicant must file for annexation of that portion of Lot 4 that is outside the City limits prior to filing the final plat. The AMENDMENT was seconded and CARRIED by majority roll call vote. Commissioner Hodgins voted "no." The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Correct the title block to include Lot 4, Lakeside Subdivision Second Addition among the lots being vacated. KIBS227295 P & Z Minutes: December 19, 1990 Page 7 of 13 2. The applicant must file for annexation of that portion of Lot 4 that is outside the City limits 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. 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. E) Case S-90-045. Request for preliminary approval of the vacation of Lots 27, 28, and 29, Block 1, Airpark Subdivision and replat to Lots 27A and 29A, Block 1, Airpark Subdivision. 1421, 1511, and 1515 Mill Bay Road (Andrew Cessna) LINDA FREED indicated 32 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT preliminary approval of the vacation of Lots 27, 28, and 29, Block 1, Airpark Subdivision and replat to Lots 27A and 29A, Block 1, Airpark Subdivision; and to adopt the findings contained in the staff report dated December 10, 1990 as "Findings of Fact" for this case. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. 1{IBS227296 Page 8 of 13 P & Z Minutes: December 19, 1990 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. F) Case 5-90-046. Request for preliminary approval of the creation of a right-of-way easement over a portion of U.S. Survey 1673. Generally located at the head of Gibson Cove. (City of Kodiak) LINDA FREED indicated 9 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT preliminary approval of the creation of a right-of-way easement over a portion of U.S. Survey 1673; subject to the conditions of approval contained in the staff report dated December 11, 1990; and to adopt the findings contained in the staff report dated December 11, 1990 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Correct the vicinity map to show the correct location of the preliminary plat request. 2. Show the width of the right-of-way easement on the final plat. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat is generally consistent with adopted Borough plans and provides a right-of-way creation that supports those plans. 3. 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. KIBS227297 P & Z Mfnutm December 19, 1990 Page 9 of 13 COMMISSIONER HENDEL MOVED TO POSTPONE ACTION on this case until the January 1991 regular meeting and to schedule this case as an Old Business item on the agenda; so that prior to a decision by the Commission, the request could be discussed in joint worksession with the City Council. The MOTION POSTPONING ACTION was seconded and CARRIED by unanimous roll call vote. G) Case S-90-047. Request for preliminary approval of the vacation of City Tidelands Tracts N-18 Amended, N-25, N-37, and N-38 and replat to City Tidelands Tracts N-18A, N-25A, N- 37A, and N-38A. Generally located below Tagura Road at the northeast end of the Near Island Channel in the area commonly known as Fuller's Boat Yard (Fern Fuller) LINDA FREED indicated 47 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: ANNE KALCIC, representing Fuller's Boat Yard, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT preliminary approval of the vacation of City Tidelands Tracts N-18 Amended, N-25, N-37, and N-38 and replat to City Tidelands Tracts N-18A, N-25A, N-37A, and N-38A; and to adopt the findings contained in the staff report dated December 11, 1990 as "Findings of Fact" for this case. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a replat 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. KIBS227298 P & Z Minutes: December 19, 1990 Page 10 of 13 I� Case 90-075. Proposed revisions to Chapter 17.26 (Mobile Home Parks) of the Borough Code. (Postponed from the November 1990 regular meeting.) LINDA FREED requested, as a result of proposed additional revisions discussed at the packet review worksession, that action on the revisions be postponed until the March 1991 regular meeting. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO POSTPONE ACTION on Case 90-075 until the March 1991 regular meeting in order to hold a third public hearing on the proposed revisions to Chapter 17.26 (Mobile Home Parks). The motion was seconded and CARRIED by unanimous voice vote. n Case 90-076. Proposed revisions to Chapter 17.34 (Zero -lot -line Development) of the Borough Code. (Postponed from the November 1990 regular meeting.) LINDA FREED requested, as a result of proposed additional revisions discussed at the packet review worksession, that action on the revisions be postponed until the January 1991 regular meeting. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO POSTPONE ACTION on Case 90-076 until the January 1991 regular meeting in order to hold a third public hearing on the proposed revisions to Chapter 17.34 (Zero -lot -line Development) of the Borough Code. The motion was seconded and CARRIED by unanimous voice vote. VIL OLD BUSINESS A) Kodiak Island Borough Zoning Enforcement Procedures - December 1990. KIBS227299 P & Z Minutes: December 19, 1990 Page 11 of 13 COMMISSIONER HENDEL MOVED TO ACKNOWLEDGE RECEIPT of Old Business Item A. The motion was seconded and CARRIED by unanimous voice vote. A second draft of the procedures, as discussed at the packet review worksession, will be scheduled for review at the January 1991 regular meeting. B) Case 8-90-001. Request for final review of the subdivision of Tract E, U.S. Survey 1682 creating Lots 1 through 10, Block 12, and Lots 1 through 27, Block 13, Woodland Acres Eighth Addition. (Lenhart J. Grothe: Lester L. Russell) COMMISSIONER HARTT MOVED TO FIND that preliminary approval condition number five has been met. 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 HENDEL MOVED TO ACKNOWLEDGE RECEIPT of items A through E of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated November 30, 1990, to Elizabeth Benson, OMB- DGC, from Linda L. Freed, re: Womens Bay 21 - Lot 23, Block 1, Russian Creek Alaska Subdivision. B) Letter dated December 3, 1990, to Roy Ecklund, I.G. Bergee, and Bob Tarrant from Linda L. Freed, re: Required as -built information on preliminary plats. C) Letter dated December 7, 1990, to Ingeborg Nyland from Bob Scholze, re: Lot 2, Block 6, Baranof Heights Subdivision - 110 Madsen. D) Letter dated December 12, 1990, to Johnston, Rieth, and Hannah from Bob Scholze, re: Lot 4A, Block 7, Miller Point 1st Addition - 3438 Anton Way. E) Letter dated December 19, 1990, to Richard and Kathryn Madsen from Bob Scholze, re: Lot 513, Block 3, Bells Flats - 782 Sargent Creek Road. There were no further communications. X. REPORTS COMMISSIONER HENDEL MOVED TO ACKNOWLEDGE RECEIPT of item B of reports. The motion was seconded and CARRIED by unanimous voice vote. P & Z Minutes: December 19, 1990 K113S227300 Page 12 of 13 F— B) Community Development Department Plat Activity Report. There were no further reports. RI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT ATTEST CHAIR HEINRICHS adjourned the meeting at 8:40 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: `L 6 ,j Robin Heinrichs, Chair Linda—L Fre Director Community Development Department DATE APPROVED: JANUARY 16, 1991 KIBS227301 P & Z Minutes: December 19, 1990 Page 13 of 13