1990-11-21 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - NOVEMBER 21, 1990
MINUTES
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was
called to order at 7:35 p.m. by Chair Robin Heinrichs on November 21,
1990 in the Borough Assembly Chambers.
4Z10) 0JOL67 v",
Commissioners Present: Others Present:
Robin Heinrichs, Chair
Linda Freed, Director
Jon Aspgren
Community Development Dept.
Bruce Barrett
Patricia Eads, Secretary
Wayne Coleman
Community Development Dept.
Jon Hartt
Tom Hendel
Jody Hodgins
A quorum was established.
III. APPROVAL OF AGENDA
Staff reported the following additions to the agenda:
I% COMMUNICATIONS
B) Memorandum dated October 29, 1990, from Gaye
Vaughan, Clerk, re: Building Code Board of Appeals.
C) Letter dated October 30, 1990, to Cliff and Evelyn
Davidson from Bob Scholze, re: Lot 7, Block 4, Island
Vista Subdivision - 1802 Marmot - storage in right-of-way.
D) Memorandum dated November 6, 1990, to the Kodiak
Island Borough Assembly, re: Ordinance 88-33-0
restricting permitted uses in the B--Business Zoning
District when no public sewer and water is available.
COMMISSIONER HENDEL MOVED TO ACCEPT the agenda with the
additions reported by staff. The motion was seconded and CARRIED
by unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
The Commission deferred action on the minutes of the October 17,
1990, Planning and Zoning Commission regular meeting until the
December 21, 1990, regular meeting.
P & Z Minutes: November 21, 1990 KIBS227253 Page 1 of 32
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments.
A) Case 8-87-034. Request for a second one (1) year extension of
preliminary plat approval (to October 21, 1991). Subdivision of
Lot 6A, Block 5, Miller Point Alaska Subdivision. 3985 Cliffside
Road (Dana and Jeanette Campbell)
Staff recommended that the Commission grant a second one (1)
year extension of this previously approved subdivision.
COMMISSIONER HODGINS MOVED TO GRANT a second one
(1) year extension of preliminary plat approval (to October 21,
1991) for the subdivision of Lot 6A, Block 5, Miller Point Alaska
Subdivision, creating Lots 6A-1 and 6A-2, Block 5, Miller Point
Alaska Subdivision; and to confirm the condition of approval
contained in the original approval.
CONDITION OF APPROVAL
1. All outdoor storage must be removed from Lot 6A-2 prior
to filing the final plat.
The motion was seconded and CARRIED by unanimous voice
vote.
B) Case 89-064. Request for a one (1) year extension of a
previously approved variance from Sections 17.18.050 (Yards)
and 17.36.040 (Nonconforming structures) and 17.40.010
(Projections into required yards) of the Borough Code:
1. to allow an additional three (3) foot projection into the
existing six (6) foot rear yard setback on a lot in the Rl--
Single-family Residential Zoning District; and
2. to permit the extensive remodeling/reconstruction of an
existing single-family residence which will permit the
value of the reconstruction to exceed fifty percent (50%) of
the replacement value of the structure: and
3. to allow a deck in the front yard to encroach two and one-
half (2.5) feet into the existing five and one-half (5.5) foot
front yard setback and one and one-half (1.5) feet into the
required two and a half (2.5) foot side yard setback.
Lot 13C, Block 16, Kodiak Townsite; 113 Natalia (Jim Koob)
Staff recommended that the Commission grant a one (1) year
extension of this previously approved variance. Staff provided
the Commission with the following additional handouts:
supplemental memorandum, vicinity maps, and as -built survey.
COMMISSIONER HARTT MOVED TO GRANT a one (1) year
extension (December 20, 1991) of a previously approved
variance from Sections 17.18.050 and 17.36.040 and 17.40.010
of the Borough Code:
KI$5227254
P & Z Minutes: November 21, 1990 Page 2 of 32
1. to allow an additional three (3) foot projection into the
existing six (6) foot rear yard setback on a lot in the Rl--
Single-family Residential Zoning District; and
2. to permit the extensive remodeling/reconstruction of an
existing single-family residence which will permit the
value of the reconstruction to exceed fifty percent (50%) of
the replacement value of the structure; and
3. to allow a deck in the front yard to encroach two and one-
half (2.5) feet into the existing five and one-half (5.5) foot
front yard setback and one and one-half (1.5) feet into the
required two and one-half (2.5) foot side yard setback.
Lot 13C, Block 16, Kodiak Townsite; and to reconfirm the
"Findings of Fact" and the three (3) conditions of approval
contained in the original approval of Case 89-064.
CONDITIONS OF APPROVAL
1. The applicant must obtain and record an easement for Lot
13A, Block 16, Kodiak Townsite for the benefit of Lot 13C,
Block 16, Kodiak Townsite, to show that adequate legal
access exists to the proposed off' -street parking area to be
developed as a part of this variance. A copy of the
recorded easement must be submitted to the Kodiak
Island Borough Community Development Department
r- prior to issuance of zoning compliance.
2. The applicant must obtain certification from the City of
Kodiak Fire Chief that the location of the structure to be
renovated on Lot 13C, Block 16, Kodiak Townsite has
adequate access for fire apparatus as required by the
Uniform Fire Code and that an adequate water supply
exists in the vicinity. This certification must be submitted
to the Kodiak Island Borough Community Development
Department prior to issuance of zoning compliance.
3. Completion of the project shall not exceed one (1) year
from the date of zoning compliance issuance, unless an
extension has been requested and obtained from the
Planning and Zoning Commission.
FINDINGS OF FACT
1. Exceptional physical circumstances or conditions
applicable to the property or intended use of development
which generally do not apply to other properties in the
same land use district.
The exceptional physical conditions applicable to the
property include nonconforming lot size (2,028 square
feet), nonconforming lot width (about 47 feet), the steep
topography of the area surrounding the lot and the
location of the existing structure on the lot where it
encroaches the setbacks on three sides. These conditions
generally do not apply to other lots in the R3--Multifamily
Residential Zoning District.
P & Z Minutes: November 21, 1990 KIBS227255 Page 3 of 32
2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
Strict application of the zoning ordinances would not
permit the additions to this structure because they will
require more than fifty (50%) of the structures
replacement value. In addition, the proposed additions
would further encroach three of the required setbacks on
the lot. This constitutes an unnecessary hardship as
there are many other nonconforming structures in this
part of Kodiak which encroach both the property lot lines
and the required setbacks.
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.
The granting of the variance will not result in material
damages or prejudice to other properties in the vicinity.
Staff noted that there was ample distance between the
subject structure and neighboring structures to
accommodate the additions and still maintain adequate
separation of uses. The lots behind the property which
are located above South Hillcrest Street are not developed.
In addition, it does not appear that these lots will be
developed for some time, if ever, due to the fact that South
Hillcrest Drive has never been completed to that point.
Therefore, the second story addition to the structure on
Lot 13C will not block a view of an existing dwelling.
The granting of the variance will not be detrimental to the
public's health, safety or general welfare. Staff has
already recommended that any variance be conditioned
upon approval by the Kodiak City Fire Chief concerning
adequate access and water supply for fire suppression
activities. In addition, staff notes that the existing
structure is very old and probably does not comply with
the existing building codes. A new or extensively
remodeled structure would comply with the existing
building codes such that the resulting structure would be
much safer for the occupants, as well as the surrounding
properties.
There could be impacts to the neighboring properties as a
result of the construction process. The applicant would
have to obtain the permission of the adjacent property
owners in order to encroach their property with materials
or equipment used in the construction process. However,
in order to mitigate the potential impact of construction,
staff suggests that the Commission establish a time frame
within which the project must be completed so that the
adjacent property owners are not subjected to any
unreasonably long lived impacts of construction.
4. The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
P & Z Mtnutes: November 21, 1990 KIBS227256 Page 4 of 32
The comprehensive plan calls for this area to become
Central Business District at some point in the future.
Staff believes that the plan is out of date for this area.
Although the location is very close to downtown Kodiak,
the topography in this area is not conducive the
development of commercial enterprises. In addition, this
area is a long established residential district and it is
doubtful that this type of land use will change in the near
future.
5. That actions of the applicant did not cause special
conditions or fmancial hardship from which relief is being
sought by the variance.
The actions of the applicant have not caused the
conditions from which relief is being sought by variance.
This variance will be decided before the applicants takes
any further action on the proposed renovation.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
Single -Family Residences are a permitted land use in the
R3--Multifamily Residential Zoning District.
The motion was seconded and CARRIED by unanimous roll call
vote.
The Commission took no action on a request by the applicant to
consider removal of condition of approval three (3) at the regular
meeting in December.
There were no further appearance requests.
VI. PUBLIC HEARINGS
A) Case 90-054. Request for the rezoning of five (5) tracts of land
(approximately 165 acres) located within Lots 15 and 24, U.S.
Survey 2539 from C--Conservation to I --Industrial, B--Business,
and RR1--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)
LINDA FREED indicated 9 public hearing notices were mailed
and 1 was returned, stating non -objection to this request. 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.
P & Z Minutes: November 21, 1990 KIBS2272257 Page 5 of 32
COMMISSIONER HENDEL MOVED TO RECOMMEND that the
Kodiak Island Borough Assembly approve the rezoning of Tracts
A, B, and D located within Lots 15 and 24, U.S. Survey 2539
from C--Conservation to B--Business; and Tract C and E located
within Lots 15 and 24, U.S. Survey 2539 from C--Conservation
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 11, 1990 as
"Findings of Fact" for this case.
The motion was seconded.
The Commission discussed the motion.
COMMISSIONER BARRETf MOVED TO AMEND THE MAIN
MOTION as follows: Tracts A and B located within Lots 15 and
24, U.S. Survey 2539 from C--Conservation to I --Industrial; and
Tracts C and D located within Lots 15 and 24, U.S. Survey 2539
from C--Conservation to B--Business; and Tract E located within
Lots 15 and 24, U.S. Survey 2539 from C--Conservation to RR1-
-Rural Residential One.
The AMENDMENT was seconded and FAILED by majority roll
call vote. Commissioners Hodgins, Hartt, Coleman, and Hendel
voted "no."
The question was called and the MAIN MOTION AS AMENDED
CARRIED by majority roll call vote. Commissioner Barrett voted
"no.,,
FINDINGS OF FACT
1. Findings as to the Need and Justification for a Change or
Amendment.
The rezone of Tracts A, B, and D located within Lots 15
and 24, U.S. Survey 2539 from C--Conservation to B--
Business; and Tracts C and E located within Lots 15 and
24, U.S. Survey 2539 from C--Conservation to RR1--Rural
Residential One is necessary and justified because the B--
Business and RR1--Rural Residential One Zoning Districts
permit development that:
A. will not create any nonconforming uses in the areas
proposed for rezone; and
B. is suitable for the physical conditions of the land
provided that future development takes into the
account the need for the existing drainage patterns
throughout the area; and
C. will not conflict with existing land uses already
developed in this general area.
2. Findings as to the Effect a Change or Amendment would
have on the Objectives of the Comprehensive Plan.
P & Z Minutes: November 21, 1990 '�Q8`r227258 Page 6 of 32
The 1968 Kodiak Island Borough Comprehensive Plan
does not address this area. Therefore, the Commission
finds that the effect of a change or amendment of the
zoning district in this area, as requested, will not be
inconsistent with the objectives of the comprehensive plan
as it applies to other nearby areas. In addition, the
Commission finds that the requested rezone permits a
wide range of uses which are consistent with the needs of
the community for additional industrial, commercial, and
residential area. This rezoning is consistent with
projected development trends in the area.
B) Case 90-069. Request for an exception in accordance with
Section 17.03.060.A (Zoning Compliance) of the Borough Code
to permit the infill of five (5) lots to near road level in the R2--
Two-family Residential Zoning District. Lots 40, 41, 47, 48, and
49, Block 12, Aleutian Homes Subdivision. 621, 711, 811, 813,
and 815 Lower Mill Bay Road. (Samuel Graber)
LINDA FREED indicated 124 public hearing notices were mailed
for this case in both October and November and 4 were returned
in October, 1 in favor and 3 opposing this request. Staff
recommended denial of this request due to the lack of adequate
information. Ms. Freed reported that the applicant's
representative had not provided the additional information as
requested by the Commission at the November packet review
worksession.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER COLEMAN MOVED TO GRANT an exception
in accordance with Section 17.03.060.A of the Borough Code to
permit the infill of five (5) lots to near road level in the R2--Two-
family Residential Zoning District on Lots 40, 41, 47, 48, and
49, Block 12, Aleutian Homes Subdivision.
The motion was seconded.
COMMISSIONER HENDEL MOVED TO POSTPONE ACTION on
Case 90-069 until the December 21, 1990 regular meeting. The
motion was seconded and FAILED by majority roll call vote.
Commissioners Coleman, Barrett, Hodgins, and Heinrichs voted
"no."
The question was called and the MAIN MOTION FAILED by
unanimous roll call vote. Commissioners Heinrichs, Coleman,
Aspgren, Hendel, Hodgins, Hartt, and Barrett voted "no."
COMMISSIONER BARRET7 MOVED TO ADOPT the findings
contained in the staff report dated October 4, 1990 as "Findings
of Fact" for Case 90-069.
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FINDINGS OF FACT
1. That the use as Dosed in the aDDlication. or under
appropriate conditions or restrictions, will not (A)
endanger the public's health, safely 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. Without additional information showing the
proposed grading and resulting drainage on the site,
it is impossible to say whether filling the site to the
extent generally indicated by the applicant would
endanger the public's health, safety or general
welfare.
B. Grading in a residential zone is not permitted except
in conjunction with the construction of a dwelling
structure and then only if the excavation or fill meet
the exemptions permitted under the Uniform
Building Code requirements. The exception process
is required if fill or excavations in residential zones
exceed the exemption standards. The exception
process is intended to permit otherwise prohibited
land uses as long as they are not inconsistent with
the general purposes and intent of the code. It is
the intent of Title 17 that the Commission make the
.— determinations required to grant an exception based
on a submitted grading plan or proposal. With no
plan submitted, the Planning and Zoning
Commission cannot grant an exception as it would
compromise the Commission's ability to require
conditions of approval even if a site grading plan
were produced that met all of the technical
requirements of the Uniform Building Code.
Filling in a residential lot, if the requirements of the
Uniform Building Code are met, is not inconsistent
with the general purposes and intent of Title 17
(Zoning) of the Borough Code, however.
Development of Lots 40 and 41 with duplex
structures is inconsistent with the general purposes
and intent of Title 17, unless an exception to do so
is obtained in a separate request submitted to the
Commission. A single-family residence on each lot
is permitted in the R2--Two-family Residential
•— Zoning District provided that all setbacks and
parking requirements can be met without a
variance.
C. Without a grading plan, it is impossible to tell
whether the act of filling the lots, by itself, would
adversely impact other properties in the
neighborhood. Development of any type on the lot
would no doubt produce additional water runoff to
the lower lots in Block 12, Aleutian Homes
Subdivision. Although there is a drainage easement
P & Z Minutes: November 21, 1990 KIBS227260 Page 8 of 32
in the rear yard of those lots, it may not be adequate
to drain off all precipitation from seasonal storms.
It is necessary to provide an engineered grading and
drainage plan of the proposed fill in order to
ascertain the potential results of filling the lots.
The motion was seconded and CARRIED by unanimous voice
vote.
C) Case 90-073. Appeal of an Administrative Decision in
accordance with Section 17.68.020.13 (Appeals from
Administrative Decisions) of the Borough Code of a decision
ordering the discontinuation of an unlawful use of land
(maintaining a boarding house in a RI--Single-familyResidential
Zoning District) and ordering a reduction in the number of
boarders to no more than two (2) within thirty (30) days as
permitted in the Rl--Single-family Residential Zoning District.
The appellants are seeking relief in the form of an
exception from Section 17.18.020 (Permitted Uses) of the
Borough Code to permit the continued operation of a boarding
house in the Rl--Single-family Residential Zoning District. Lot
25, Block 5, Aleutian Homes Subdivision. 711 Hemlock
(Josefmo and Corazon Anselmo)
LINDA FREED indicated 88 public hearing notices were mailed
for this case and 6 were returned, opposing this request. Staff
recommended upholding the administrative decision and
denying the exception request.
Regular Session Closed.
Public Hearing Opened:
Corazon Anselmo appeared before the Commission and
expressed support for the exception request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HENDEL MOVED TO AFFIRM affum the
administrative decision dated August 30, 1990 which states that
the use of the single-family dwelling located on Lot 25, Block 5,
Aleutian Homes Subdivision for a boardinghouse is a violation of
Title 17 (Zoning) of the Borough Code because the use is not
permitted in the Rl--Single-Family Residential Zoning District
and ordering a reduction in the number of boarders to no more
than two (2) within thirty (30) days as permitted in the Rl--
Single-Family Residential Zoning District.
The motion was seconded and CARRIED by unanimous roll call
vote.
COMMISSIONER HENDEL MOVED TO GRANT an exception
from Section 17.18.020 of the Borough Code to permit the
continued operation of a boarding house in the Rl--Single-
family Residential Zoning District on Lot 25, Block 5, Aleutian
Homes Subdivision.
P & Z Minutes: November 21, 1990 BS227261 Page 9 of 32
The motion was seconded and FAILED by unanimous roll call
vote. Commissioners Coleman, Heinrichs, Barrett, Hodgins,
Hartt, Aspgren, and Hendel voted "no."
COMMISSIONER HENDEL MOVED TO ADOPT the findings
contained in the staff report dated November 9, 1990 as
"Findings of Fact" for Case 90-073.
FINDINGS OF FACT
1. That the use as proposed in the application, or under
appropriate conditions or restrictions, will not (A)
endanger the public's health, safety or general welfare, (B)
be inconsistent with the general purposes and intent of
this title and (C) adversely impact other properties or uses
in the neighborhood.
A. The proposed use will endanger the public's health,
safety or general welfare as the boardinghouse will
increase the permitted density of development on
the lot. Additionally, no permits have been issued
for the conversion of this single-family residence
into a boardinghouse with seven (7) guest rooms.
As a result, a boardinghouse with seven (7) guest
rooms does not meet the requirements of the
Uniform Building Code and Uniform Fire Code.
B. The proposed use is inconsistent with the general
purposes and intent of Section 17.18.010
(Description and Intent) of the Borough Code which
states:
17.18.010 Description and intent.
The single-family residential district is
established as a land use district for small lot
single-family residential dwellings where
public water and sewer services are available.
For the single-family residential district, in
promoting the general purposes of this title,
the specific intentions of this chapter are:
A. To encourage the construction of single-
family dwellings;
B. To prohibit commercial and industrial
r — land uses and any other use of the land
which would interfere with the
development or continuation of single-
family dwellings in the district;
C. To encourage the discontinuance of
existing uses that are not permitted under
the provisions of this chapter;
D. To discourage any use which would
generate other than normal vehicular
KIBS227262
P & Z Mlnutea: November 21, 1990 Page 10 of 32
traffic on streets serving residents on
those streets; and
E. To prohibit any use which because of its
character or size, would create
requirements and costs for public
services, such as police and fire
protection, water supply and sewerage,
before such service can systematically and
adequately be provided.
In addition, this use would not be permitted even in
the R3--Multifamily Residential Zoning District due
to the fact that the lot area does not meet the 7,200
square foot minimum lot size requirement of the R3-
-Multifamily Residential Zoning District.
C. The proposed use will adversely impact other
properties in the area. Granting this exception will
set a precedent for changing the use, density, and
neighborhood character (i.e., small lot, medium
density, single-family residential) of the Aleutian
Homes Subdivision and the Rl--Single-family
Residential Zoning District. In addition, because
this use is quasi -commercial in nature, it might
serve to encourage others to effect their own
conversion to a boardinghouse (legally or illegally).
This could have a detrimental effect on the already
crowded parking situation in the Aleutian Homes
Subdivision as well as potentially increasing traffic
in the area.
The motion was seconded and CARRIED by unanimous voice
vote.
D) Case 90-074. Request for a variance from Section 17.19.040.13
(Yards) of the Borough Code to permit the enclosure of an open,
outside stairway to a permitted second floor addition on an
existing single-family dwelling which encroaches no more than
two and one-half (2.5) feet into the required five (5) foot side yard
setback on a lot in the 112--Two-family Residential Zoning
District. Lot 23B, Block 19, Kodiak Townsite. 318 Cope Street
(Edward A. Turkisher)
LINDA FREED indicated 45 public hearing notices were mailed
and 1 was returned, stating concerns with parking and traffic.
Staff recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER COLEMAN MOVED TO GRANT a variance
from Section 17.19.040.13 of the Borough Code to permit the
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P & Z Minutes: November 21, 1990 Page 11 of 32
enclosure of an open, outside stairway to a permitted second
floor addition on an existing single-family dwelling which
encroaches no more than two and one-half (2.5) feet into the
required five (5) foot side yard setback on Lot 23B, Block 19,
Kodiak Townsite; and to adopt the findings contained in the staff
report dated November 15, 1990, as "Findings of Fact" for this
case.
FINDINGS OF FACT
1. Exceptional physical circumstances or conditions
applicable to the property or intended use of development
which generally do not apply to other properties in the
same land use district.
In this case, the unique physical condition is the existing
nonconforming structure located on a nonconforming lot
of record (due to insufficient lot area and lot width). Any
expansion of this structure on the sides of the existing
structure will require a variance. In addition, a previously
granted variance (Case 82-039) permits an enclosed porch
addition to project into the side yard setback in the same
location as the proposed stairway. The proposed stairway
would add somewhat to the lot coverage within the
setback; however, the stairway would not increase the
total projection into the required side yard.
2. Strict application of the zoning ordinances would result in
practical difficulties or unnecess hardships
The strict application of the zoning ordinance would not
allow any additions to the front or sides of the existing
structure. This is a practical difficulty and unnecessary
hardship when the enclosure of an outside stairway will
not increase the projection into the side yard setback from
what has previously been approved by variance (Case 82-
039) for the existing porch addition.
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 this variance will not result in material
damage or prejudice to other properties in the area. A
substantial number of structures in Kodiak Townsite
Subdivision are nonconforming, and the Commission has
granted variances in the past for expansion of these
nonconforming structures. In addition, a previously
granted variance (Case 82-039) already permits
substantially the same encroachment into the side yard as
the proposed stairway.
4. The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
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P & Z Minutes: November 21, 1990 Page 12 of 32
Granting of the variance will not be contrary to the
objectives of the comprehensive plan, which identifies this
area as High Density Residential, for two reasons:
1. This area is located near the area identified for
Central Business District. As such, it is expected
that the upland areas will not be desirable for low or
medium density residential development due to the
proximity of commercial land uses. In addition, the
upland areas are not suitable for commercial or
industrial uses, resulting in the classification of
High Density Residential.
2. The property has been zoned R2--Two-family
Residential since at least 1968 and is likely to
remain such or be rezoned to R3--Multifamily
Residential given the density of the land use in this
area.
5. That actions of the applicant did not cause special
conditions or financial hardship from which relief is being
sought by the variance.
In this case, actions of the applicant did not cause the
conditions from which relief is being sought by variance.
The existing structure was built prior to the existence of a
zoning ordinance in the City or Borough.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
Single-family residential land uses are permitted in the
R2--Two-family Residential Zoning District even when the
lot is nonconforming due to insufficient lot area or lot
width.
The motion was seconded and CARRIED by unanimous roll call
vote.
E) Case S-90-042. Request for preliminary approval of the
vacation of a three and one-half (3.5) foot portion of a ten (10)
foot wide utility easement along the rear lot line of Lot 10, Block
6, Aleutian Homes Subdivision. 401 Fir Avenue (Leonardo and
Lourdes Gaetos)
LINDA FREED indicated 88 public hearing notices were mailed
for this case and none were returned. Staff recommended
approval of this request, subject to a condition.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
P & Z Minutes: November 21, 1990 KIBS227265 Page 13 of 32
COMMISSIONER BARRE'IT MOVED TO GRANT preliminary
approval of the vacation of a three and one-half (3.5) foot portion
of a ten (10) foot wide utility easement along the rear lot line of
Lot 10, Block 6, Aleutian Homes Subdivision; subject to the
condition of approval contained in the staff report dated
November 9, 1990, and to adopt the finding contained in the
staff report dated November 9, 1990, as "Finding of Fact" for this
case.
CONDITION OF APPROVAL
1. This vacation must be approved by the Kodiak City
Council prior to final approval of the plat as required by
Section 16.60.060.A (Additional Approval Required) of the
Borough Code which states:
16.60.060 Additional Approval Required
A. A decision to grant a vacation is not effective unless
approved by the City Council if the vacated area is
within a city, or by the Assembly if the vacated area
is within the Borough outside a city. The Council or
Assembly shall have thirty (30) days from receipt of
the decision to veto the vacation. If the vacation is
not vetoed within the thirty (30) day period, the
consent of the Council or Assembly shall be
considered to have been given to the vacation.
FINDING OF FACT
1. The vacation of this portion of the utility easement will not
adversely affect utility companies in their ability to provide
adequate service to the public.
The motion was seconded and CARRIED by unanimous roll call
vote.
F) Case 90-048. Proposed revisions to Chapter 17.57 (Off-street
Parking) of the Borough Code.
LINDA FREED indicated that she talked with the City Clerk and
City Public Works Director about the proposed draft. Since the
proposal before the Commission will have had four (4) public
hearings, staff recommends that the revisions be forwarded to
the Assembly for consideration.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HENDEL MOVED TO RECOMMEND that the
Assembly adopt the proposed revisions to Chapter 17.57 (Off-
street Parking) of the Borough Code as identified in the attached
draft.
P & Z Minutes: November 21, 1990 KIBS227266 Page 14 of 32
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH
ASSEMBLY REPEALING AND RE-ENACTING CHAPTER 17.57
(OFF-STREET PARKING) OF THE BOROUGH CODE.
The Kodiak Island Borough Assembly hereby ordains that:
Section 1: This ordinance is of a general and permanent nature
and shall become a part of the Kodiak Island Borough Code of
ordinances.
Section 2: Chapter 17.57 Off-street Parking is repealed and re-
enacted as follows:
Sections:
17.57.010
Off-street Parking Required --In General
17.57.020
Off-street Parking --Core Area Exemption
17.57.030
Off-street Parking --Remote Area Exemption
17.57.040
Off-street Parking --Number of Spaces Required
17.57.050
Off-street Parking --Location
17.57.060
Off-street Parking --Village Parking Requirements:
Number of Spaces Required
17.57.070
Parking Area Development Standards:
Single-family and two-family dwellings
17.57.080
Parking Area Development Standards:
Multifamily dwellings and non-residential uses
r— 17.57.090
Off-street Loading Space Requirements
17.57.100
Parking Plan Review
17.57.010 Off-street i)arking required --In general. In all zoning
districts, from the time a principal building or land use activity
is erected, constructed, established, altered or enlarged, there
shall be off-street parking conforming to this chapter to serve
that building or use. This parking shall be available free of
charge for the use of the occupants, employees, and patrons of
the building. The owners and occupants of a principal building
shall be jointly and severally responsible for providing and
maintaining the off-street parking serving that building or use.
The off-street parking required by this chapter shall be
maintained in accordance with this chapter continuously during
the life of the building or use.
17.57.020 Off-street Parking --Core Area Exemption. The
requirements of this chapter for the provision of off-street
parking and loading areas shall not apply within the designated
core area of downtown Kodiak. The purpose of this exemption is
to establish off-street parking regulations that are consistent
with the provisions of the Central Commercial Designation of the
UR-19 Urban Renewal Plan. The exemption area is bounded by
Rezanof Drive West, Center Avenue, Marine Way East, and
Marine Way West and is defined as Blocks 4 through 13 of New
Kodiak Subdivision.
17.57.030 Off-street parking --Remote Area Exemption.
A. The off-street parking requirements, parking area
development standards, and off-street loading
P & Z Minutes: November 21, 1990 KIBS227267 Page 15 of 32
requirements of this chapter do not apply to land use
activities and structures located in remote areas.
B. For purposes of this section, a remote area is defined as
an area not located on, or adjacent to, the contiguous road
system of the City of Kodiak or the villages of Akhiok,
Larsen Bay, Old Harbor, Ouzinkie, Port Lions, and Karluk.
17.57.040 Off-street parking --Number of spaces required. A.
The required number of off-street parking spaces to be provided
will be determined as follows:
PERMITTED USES
REQUIRED OFF-STREET
PARKING SPACES
Single-family dwelling
3 per dwelling unit
Two-family dwelling
3 per dwelling unit
Multifamily dwellings (12 units or less)
2 per dwelling unit
Multifamily dwellings (more than 12 units)
1.5 per dwelling unit
Aircraft hangars (used for any purpose)
1 per 700 square feet of
gross floor area
Auto, boat, and recreational
I per 3,000 square feet
vehicle sales
of gross lot area, but not
less than 5 spaces
Auto, boat, and recreational
4 spaces per stall/service bay.
vehicle service garages, gas stations,
No vehicle in the custody
repair shops, and accessory
of the business for service,
installation shops
repairs, storage, sale, or other
purpose may be stored in a
public right-of-way.
Banks
1 per 300 square feet
of gross floor area
Bowling alley
4 for each alley or lane
Churches, dance halls, schools,
1 per 4 seats,
community building, fraternal
based on maximum
organization, auditoriums, theaters,
seating capacity in the
banquet facilities, and other places
principal place of assembly
of assembly
Doctor, dentist, and law
1 per 200 square feet
offices and clinics
of gross floor area
Food market, grocery store
4 per 1,000 square feet of
or shopping center
gross leasable area
Furniture and appliance stores
1 per 400 square feet
of gross floor area
General hospitals
1 per 500 square feet
of gross floor area
Hotels (excluding restaurants, lounges,
1 per 1 guest room and
and banquet facilities)
1 per dwelling unit
P & Z Minutes: November 21, 1990 KIBS227268 Page 16 of 32
PERMITTED USES
REQUIRED OFF-STREET
PARKING SPACES
Industrial or manufacturing
1 per 700 square feet
establishment
of gross floor area
Intermediate care facilities,
1 per 3 patient beds
nursing homes, etc.
based on maximum capacity
Laundromat
1 per 2 washing machines
Lumber yards and building
1 per 200 square feet of office
supply stores
and showroom sales area
Mini -warehouses
1 per 200 square feet of office
area but not less than 3 spaces
Motel or boardinghouse
I per guest room or dwelling unit
Motor freight terminals,
I per 1000 square feet
warehouses, gear sheds
of gross floor area
and storage buildings
Offices (total area of the structure is
1 per 200 square feet
2,000 square feet or less)
of gross floor area
Offices (total area of the structure is
1 per 200 square feet of gross floor
more than 2,000 square feet)
area for the first 2,000 square feet
of the structure and 1 per 300
square feet of gross floor area
for square footage in excess of
2,000 square feet
Restaurants, bars
1 per 3 seats, based on maximum
seating capacity in the principal
place of assembly
Retail sales and service establishments
1 per 200 square feet
(total area of structure is
of gross floor area
2,000 square feet or less)
Retail sales and service establishments
1 per 200 square feet of gross
(total area of structure is
floor area for the first
more than 2,000 square feet)
2000 square feet of the structure
and 1 per 300 square feet of gross
floor area for square footage in
excess of 2000 square feet
B. The off-street parking requirement for a use not specified
in this section shall be the requirement for the use
specified in this section whose parking demand
characteristics the community development department
determines to be most similar to those of the unspecified
use.
C. In all cases, a minimum of three (3) spaces shall be
required for each principal use in a building.
P & Z Minutes: November 21, 1990 KIBS227269 Page 17 of 32
D. Where a building contains more than one principal use,
the parking required for that building shall be the sum of
the parking required for each such use.
E. A parking space may meet the minimum parking
requirements for more than one use so long as it
otherwise conforms to the requirements of this chapter for
each such use and no hours of operation of any such use
overlap the hours of operation of any other such use.
17.57.050 Off-street parking --Location. All parking spaces
required under Section 17.57.040 shall be on the same lot as, or
any contiguous lot in common ownership as the principal
building or use that they serve; provided, that if the planning
commission finds that it is impractical to locate the spaces on
such a lot, it may permit them to be located on any lot within six
hundred feet of the principal building or use. All parking spaces
required under Section 17.57.040 shall be located in a use
district permitting the use which they serve.
17.57.060 Off-street parking --Village Parking Requirements -
Number of Spaces Required.
A. Akhiok and Karluk. The off-street parking and loading
requirements of this chapter do not apply within the City
of Akhiok and the Village of Karluk.
B. Larsen Bay and Ouzinkie. The off-street parking and
loading requirements of this chapter shall be computed at
twenty-five (25) percent of the total required for
developments on the contiguous road systems of Larsen
Bay and Ouzinkie. Public facilities shall provide a
minimum of three (3) off-street parking spaces.
Residential land uses shall provide a minimum of one (1)
off-street parking space per dwelling unit.
C. Old Harbor and Port Lions. The off-street parking and
loading requirements of this chapter shall be computed at
fifty (50) percent of the total required for developments on
the contiguous road systems of Old Harbor and Port
Lions. Public facilities shall provide a minimum of three
(3) off-street parking spaces. Residential land uses shall
provide a minimum of one (1) off-street parking space per
dwelling unit.
17.57.070 Parking area development standards: Single-family
and two-family dwellings.
A. All parking areas for one- and two-family dwellings shall
be developed in accordance with this section.
B. Village Requirements.
1. On the road systems of Akhiok and Karluk these
parking area development standards do not apply.
KIBS227270
P & Z Minutes: November 21, 1990 Page 18 of 32
2. On the road systems of Larsen Bay, Old Harbor,
Ouzinkie, and Port lions, these parking area
development standards do apply.
C. Each residential parking space shall be a minimum of
nine (9) feet wide and eighteen (18) feet long.
D. Each residential parking space shall be accessed by a
driveway that meets the standards of Section 15.26 of the
Borough Code.
E. If more than three (3) dwelling units are accessed by a
common driveway, the driveway shall also meet the fire
apparatus access road requirements of Section 15.24 of
the Borough Code.
F. Driveway access to a public street may not be located
closer than twenty five feet to the right-of-way line of an
intersecting street.
G. Parking areas shall be surfaced and drained so that they
are free of mud and standing water, and generate a
minimum amount of dust.
H. Tandem spaces (See 17.57.080.J) and garages identified
on building plans may be used to satisfy the off-street
parking requirements for one- and two-family dwellings.
17.57.080 Parking Area Development Standards: Multifamily
dwellings and non-residential uses.
A. All parking areas except those for one (1) and two (2)
family dwellings (see Section 17.57.070), including any
area on a lot used for vehicular circulation, storage,
parking spaces, aisles, turning and maneuvering areas,
driveways, and points of ingress and egress areas, shall be
developed in accordance with this section.
B. Village Requirements.
1. On the road systems of Akhiok and Karluk, these
parking area development standards do not apply.
2. On the road systems of Larsen Bay and Ouzinkie,
an area equivalent to the size of the required
parking spaces shall be available but the actual
parking area development standards do not apply.
3. On the road systems of Old Harbor and Port Lions,
only parking area development standards C, F, H, I,
and J, listed below, apply.
C. Surfacing and Drainage. Parking areas shall be surfaced
and drained so that they are free of mud and standing
water, and generate a minimum amount of dust.
D. Screening.
KIBS227271
P & Z Minutes: November 21, 1990 Page 19 of 32
1. All parking areas that adjoin a residential zoning
district shall be separated from the residential
zoning district along side and rear lot lines by a
sight obscuring four (4) foot solid or natural barrier.
2. All parking areas are required to develop a
minimum three (3) foot wide landscaping strip along
the frontage of the property between the parking
area and any adjoining right-of-way except at
ingress and egress points.
E. Lighting. Any lighting associated with the parking area or
the use it serves shall not produce glare on a public right-
of-way or an adjacent residential zoning district.
F. Driveways/Separation.
1. Minimum driveway widths shall be twelve (12) feet
for one-way traffic and twenty-four (24) feet for two-
way traffic. Maximum driveway width shall be
thirty-two (32) feet wide.
2. The minimum distance between two (2) adjacent
driveways on the same parcel measured along the
right-of-way line between the adjacent edges of the
driveways shall conform to Table 1.
TABLE 1
DISTANCE BETWEEN DRIVEWAYS
FUNCTIONAL CLASSIFICATION
DISTANCE
Arterial roadways
75 feet
Collector roadways
50 feet
Local roadways
35 feet
3. Driveway access to a public street may not be
located closer than twenty-five (25) feet to the right-
of-way line of an intersecting street.
G. Maneuvering. All necessary maneuvering areas shall be
provided onsite without utilizing the road right-of-way.
H. Parking space and aisle dimensions.
1. Parking spaces and aisle widths shall conform to
the minimum dimensions set forth in Table 2.
KIBS227272
P & Z Minutes: November 21, 1990
Page 20 of 32
TABLE 2
PARKING STALL AND AISLE DIMENSIONS
Parking Angle
Stall/Space Width
Stall Depth
Aisle Width
A
B
C
D*
Parallel
9 feet
18 feet
12 feet
20 Degree
9 feet
18 feet
12 feet
30 Degree
9 feet
18 feet
12 feet
45 Degree
9 feet
18 feet
14 feet
60 Degree
9 feet
18 feet
18 feet
70 Degree
9 feet
18 feet
18 feet
80 Degree
9 feet
18 feet
24 feet
90 Degree
9 feet
18 feet
24 feet
A minimum of
18 feet is required
for two-way tragic.
2. All parking spaces shall be identified on -site by
striping, bumper guards, or other technique
approved by the Community Development
Department.
I. Handicapped parking.
1. All land uses that require the provision of twenty
(20) or more off-street parking spaces under this
title shall be required to provide off-street parking
spaces for handicapped motorists. Such parking
spaces shall be provided in accordance with the
following requirements:
a) The number of handicapped parking spaces
shall be included in the total required number
of parking spaces in accordance with the
following table:
TOTAL OFF-STREET
PARKING REQUIRED
PARKING FOR
HANDICAPPED REQUIRED
20
to
50
1
51
to
100
2
101
to
150
3
151
to
200
4
201
to
250
5
251
to
300
6
301
to
350
7
351
to
400
8
401
to
450
9
451
to
500
10
over
500
Requires 10 plus 1 for each
additional 50 spaces
KIBS227273
P & Z Minutes: November 21, 1990 Page 21 of 32
b) All handicapped parking spaces shall have a
minimum width of twelve (12) feet.
c) All handicapped parking spaces shall be
identified by a sign indicating parking for the
handicapped only.
d) Handicapped parking spaces shall be the
spaces closest to the entrance of the building
or use which they are intended to serve.
e) An unobstructed area of not less than five (5)
feet in width shall be provided between all
handicapped parking spaces and the building
entrance. At no point shall the gradient of
this unobstructed area exceed one (1) foot rise
or fall in twelve (12) feet.
2. All parking areas, regardless of the number of
spaces required, serving nonresidential land uses
shall contain at least one (1) parking space with a
minimum width of twelve (12) feet. This space shall
be the space located closest to the entrance of the
building. No handicapped parking sign is required.
3. Voluntary provision of more than the minimum
number of required off-street parking does not
require provision of additional handicapped parking
spaces.
J. Tandem or stacked parking spaces. A tandem or stacked
parking space is a space that does not allow a vehicle to
be moved without first moving a vehicle in another
parking space.
1. The use of tandem parking spaces is only permitted
for vehicles and/or equipment for sale or rent, in
storage, or awaiting parts.
2. The arrangement of tandem parking spaces is
limited to two (2) spaces in depth.
3. Patron and customer use spaces may not be
designed as tandem parking spaces.
4. The nonresidential land uses permitted to utilize
tandem spaces will be limited to those uses that
customarily park in this manner, as determined by
the Community Development Department.
17.57.090 Off-street loading space requirements.
A. In all use districts, from the time a non-residential
building is erected, constructed, established, altered, or
enlarged, there shall be an off-street loading space
provided.
KIBS227274
P & Z Minutes: November 21, 1990 Page 22 of 32
B. A loading space is defined as an area ten by thirty (10 x
30) feet in area by fourteen (14) feet six (6) inches in
height.
C. Each loading space shall be signed.
D. A loading space may be counted as one of the required off-
street parking spaces.
17.57.100 Parking plan review.
A. All applications for zoning compliance shall include a plan
for any parking area to be constructed in conjunction with
the work that is the subject of the application. The plan
shall be in a form and drawn to a scale approved by the
Community Development Department. The plan shall
include:
1. The exterior boundaries of the subject lot, their
dimensions, and the area of the lot;
2. The location and dimensions of all buildings
(proposed or existing), parking spaces, loading area,
aisles, turning and maneuvering areas, driveways,
sidewalks, screening as required, and points of
ingress and egress to the lot;
3. The location and dimensions of all streets and
sidewalks adjacent to the lot, and the direction of
traffic on such streets.
B. The community development department shall review all
parking area plans for conformity with this title.
The motion was seconded and CARRIED by unanimous roll call
vote.
G) Case 90-075. Proposed revisions to Chapter 17.26 (Mobile
Home Parks) of the Borough Code.
LINDA FREED indicated that since the proposal before the
Commission is a revision to the zoning code, staff recommends
that at least two (2) public hearings 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 HODGINS MOVED TO POSTPONE ACTION
on Case 90-075 until the December regular meeting in order to
hold a second public hearing on the proposed revisions to
Chapter 17.26 (Mobile Home Parks).
KIBS227275
P & Z Minutes: November 21. 1990 Page 23 of 32
The motion was seconded and CARRIED by unanimous voice
vote.
I) Case 90-076. Proposed revisions to Chapter 17.34 (Zero -lot -line
Development) of the Borough Code.
LINDA FREED indicated that since the proposal before the
r Commission is a revision to the zoning code, staff recommends
that at least two (2) public hearings 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 HODGINS MOVED TO POSTPONE ACTION
on Case 90-076 until the December regular meeting in order to
hold a second 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.
I) Case 90-077. Proposed revisions to Chapter 17.68 (Appeals)
and Chapter 17.80 (Board of Adjustment) of the Borough Code.
LINDA FREED indicated that although the proposal before the
Commission is a major revision to the zoning code, staff
recommends that only one (1) public hearing is necessary prior
to the revisions being forwarded to the Assembly for
consideration since the revisions are nearly identical to Title 16
which has already been adopted.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HENDEL MOVED TO RECOMMEND that the
Assembly adopt the proposed revisions to Chapter 17.68
(Appeals) and Chapter 17.80 (Board of Adjustment) of the
Borough Code.
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH
ASSEMBLY REPEALING CHAPTER 17.68 (APPEALS) AND
CHAPTER 17.80 (BOARD OF ADJUSTMENT) OF THE
BOROUGH CODE AND ENACTING CHAPTER 17.80 (APPEALS
TO THE ASSEMBLY) AND CHAPTER 17.85 (APPEALS TO THE
COMMISSION) OF THE BOROUGH CODE.
The Kodiak Island Borough Assembly hereby ordains that:
P & Z Minutes: November 21, 1990 KIBS2272.76 Page 24 of 32
Section 1: This ordinance is of a general and permanent
nature and shall become a part of the Kodiak Island Borough
Code of ordinances.
Section 2: Chapter 17.68 Appeals of the Borough Code is
repealed.
Section 3: Chapter 17.80 Board of Adjustment of the Borough
Code is hereby repealed.
Section 4: Chapter 17.80 Appeals to the Assembly of the
Borough Code is enacted as follows:
Sections:
17.80.010
Reconsideration
17.80.020
Persons Who May Appeal
17.80.030
Commencement of Appeal; Stay
17.80.040
New Evidence - Changed Circumstances
17.80.050
Appeal Hearing - Notice, Preparation of Record
17.80.060
Argument on Appeal
17.80.070
Appeal Hearing
17.80.080
Scope of Appellate Review
17.80.090
Decision
17.80.100
Hearing Examiner
17.80.110
Judicial Review
17.80.010 Reconsideration
A. The Commission may reconsider its decision upon petition
of any person entitled to appeal the decision under Section
17.80.020, filed with the Community Development
Department within ten (10) working days after the
decision.
B. The Commission may reconsider its decision only if it
finds:
1. there was a clerical error in the decision;
2. the decision resulted from fraud or mistake; or
3. there is newly discovered evidence or a change in
circumstances which by due diligence could not
have been discovered before the original hearing.
C. The Community Development Department shall mail
notice of the petition for reconsideration to each person
who was entitled to notice of the original Commission
proceeding. The notice shall include the petition for
reconsideration, describe the decision upon which
reconsideration is requested and state the date and time
when the Commission will review the petition.
D. The Commission shall review the petition at its next
regular meeting and decide whether to reconsider the
matter. The decision shall be based on the petition and
any oral argument of the petitioner or any other interested
party which the Commission may decide to hear, but no
P & Z Minutes: November 21, 1990 KIBS227277 Page 25 of 32
additional evidence shall be taken. If the petition is
granted, then the Commission shall decide the matter or
set the matter on its agenda for rehearing. The decision of
the Commission on reconsideration shall be final, subject
to appeal, and the Commission shall entertain no further
petitions for reconsideration of the decision at issue.
17.80.020 Persons Who May Appeal A written decision of the
Commission granting or denying approval under the
requirements of this Title may be appealed by:
A. the applicant; or
B. any person who was sent a written notice or submitted
timely written comments or gave oral testimony at the
public hearing before the Commission.
17.80.030 Commencement of Appeal; Stay
A. A decision of the Commission is final unless an appeal of
the decision is made within ten (10) working days after the
decision by the Commission to the Assembly.
B. An appeal is commenced by filing with the Borough Clerk
a written notice of appeal, specifically stating the reasons
for the appeal and the relief sought, and payment of the
appropriate fee. Upon commencement of an appeal, the
r decision appealed from is stayed until the decision on
appeal becomes final.
C. The running of the time for filing an appeal from a
decision of the Commission is terminated by a timely
petition for reconsideration, filed in accordance with
Kodiak Island Borough Code 17.80.010. The full time for
an appeal begins to run again on the date of the decision
of the Commission on reconsideration.
17.80.040 New Evidence - Changed Circumstances Appeals
alleging new evidence or changed circumstances may be
remanded by the Borough Assembly to the Commission where
they shall be treated as petitions for reconsideration. The
Assembly is not required to remand such an appeal if the new
evidence or changed circumstances are immaterial or if the
appeal can be decided on independent legal grounds.
17.80.050 Appeal Hearing - Notice. Preparation of Record
A. Upon timely commencement of an appeal, the Borough
Clerk shall schedule the appeal hearing, mail notice of the
appeal, request the Community Development Director to
prepare the appeal record, and notify the Commission of
the appeal.
B. The Borough Clerk shall mail notice of the appeal to each
person who was entitled to notice of the original
Commission proceeding. The notice shall include the
appellant's notice of appeal, describe the decision
appealed from, state the date of the appeal hearing and
P & Z Minutes: November 21, 1990 KIB.S227278 Page 26 of 32
time within which written argument supporting or
opposing the appeal may be submitted, and contain the
substance of Subsections C and E of this Section
regarding the obtaining of a verbatim transcript and the
availability of the appeal record.
C. The appeal record shall be completed within ten (10)
working days of filing of appeal. The appeal record shall
include the draft minutes of the proceedings before the
Commission, the Commission's written decision, and any
written documents considered by the Commission.
Any party to an appeal from a Commission decision may
cause the appeal record to include a verbatim transcript of
the proceedings before the Commission by filing a request
therefor, accompanied by a cash deposit in the amount of
the estimated cost of preparing the transcript. Within ten
(10) working days of notice of completion of the transcript
the person requesting it shall pay the actual cost thereof,
or the deposit shall be forfeited to the Borough. A request
by the Borough for a transcript is not subject to the
deposit or refund provisions of this Subsection. The
Borough shall bear the cost of preparing the remainder of
the record.
D. Following completion of the record, the Borough Clerk
shall, by certified mail, serve a copy of the appeal record
on the appellant, the applicant, and on any party who
paid for the preparation of a verbatim transcript as part of
the record. The Borough Clerk shall deliver a copy of the
appeal record to the Borough staff assigned responsibility
for the appeal.
E. A copy of the appeal record shall be available for public
inspection at the Borough Clerk's office. Any person may
obtain a copy of the record upon payment of the
appropriate fee.
17.80.060 Argument on Appeal On appeal to the Assembly,
any person who meets the requirements of Section 17.80.020
may submit to the Borough Clerk written argument supporting
or opposing the appeal. Written argument submitted prior to
the appeal hearing shall become part of the appeal record.
17.80.070 Appeal Hearing
A. The Assembly shall hold an appeal hearing on the appeal
at its first regular meeting thirty (30) days after the appeal
record has been completed.
B. At the hearing before the Assembly, only persons who
have submitted written argument on the appeal or
testified before the Commission, or submitted written
comments to the Commission may present oral argument.
Oral argument shall be subject to the following order and
time limitations, unless the Assembly, for good cause
shown, permits a change in the order or an enlargement of
time.
P & Z Minutes: November 21, 1990 KIBS227279 Page 27 of 32
1. Borough staff, including Commission
representatives, ten (10) minutes to present the
decision below and to set forth the evidence and
reasons relied upon for the decision.
2. Appellant, ten (10) minutes.
3. Private person supporting the appeal, ten (10)
minutes each.
4. Private person opposing the appeal, ten (10)
minutes each.
5. Appellant, for rebuttal, ten (10) minutes.
C. Failure to observe the above procedures in a hearing shall
not affect the validity of the decision so long as the
appellant has had a reasonable opportunity to be heard.
D. The Assembly shall decide the appeal upon the appeal
record and the written and oral argument presented on
the appeal.
17.80.080 Scone of Appellate Review
A. The Assembly may exercise its independent judgment on
legal issues raised by the appellant. Legal issues are
those matters that relate to the interpretation or
construction of an ordinance or other provisions of law.
B. The Assembly shall defer to the judgment of the
Commission regarding disputed issues of fact. Findings of
fact adopted expressly or by necessary implication shall be
considered as true if, based upon a review of the whole
record, they are supported by substantial evidence.
Substantial evidence means such relevant evidence as a
reasonable mind might accept as adequate to support a
conclusion. If the record as a whole affords a substantial
basis of fact from which the fact in issue may be
reasonably inferred, the fact is supported by substantial
evidence.
17.80.090 Decision
A. The Assembly shall either affirm or reverse the decision of
the Commission in whole or in part. If the Assembly fails
to approve the reversal of the Commission's decision, that
decision is affirmed. Where the Assembly decides that a
finding of fact by the Commission is not supported by
substantial evidence, it shall make its own finding on the
factual issue, based upon the evidence in the record.
B. Every decision of the Assembly to affirm or reverse an
action of the Commission shall be based upon findings
and conclusions adopted by the Assembly. Such findings
must be reasonably specific so as to provide the
community, and where appropriate, reviewing authorities,
P & Z Minutes: November 21, 1990 KIBS227280 Page 28 of 32
a clear and precise understanding of the reason for the
decision.
C. The Assembly's decision affirming or reversing the
decision of the Commission shall be mailed to the parties
to the appeal within ten (10) working days after the appeal
decision and approval of findings of fact.
17.80.100 Hearing Examiner When the Borough is either the
applicant or appellant, the appeal shall be heard and decided
upon by a hearing examiner. The hearing examiner shall be a
Borough resident who is appointed by resolution of the Borough
Assembly. In rendering a decision, the hearing examiner shall
follow the rules and procedures as set forth in the preceding
Sections of this Chapter.
17.80.110 Judicial Review Any person aggrieved by a final
decision of the Assembly under this Chapter may appeal that
decision to the Superior Court. An appeal to Superior Court
shall be heard solely on the record before the Assembly or its
hearing examiner and the Commission. The appeal procedure
shall be governed by the rules set forth in Part Six of the Rules
of Appellate Procedure of the State of Alaska. The findings of the
Assembly shall not be reversed, if in light of the whole record
they are supported by substantial evidence.
Section 5: Chapter 17.85 Appeals to the Commission of the
Borough Code is enacted as follows:
Sections:
17.85.010 Persons Who May Appeal
17.85.020 Commencement of Appeal; Stay
17.85.030 Appeal Hearing - Notice, Preparation of Record
17.85.040 Appeal Hearing
17.85.050 Decision
17.85.010 Persons Who May Appeal Applicants subject to the
following written decision of the Community Development
Director may appeal the decision to the Planning and Zoning
Commission:
A. the denial of zoning compliance; and
B. the issuance of an order or administrative decision under
Section 17.75.010.A of this Title.
r 17.85.020 Commencement of Appeal: Stay
A. A decision of the Community Development Director is final
unless appealed to the Commission within ten (10)
working days of receipt of notification of the decision.
B. An appeal is commenced by filing with the Community
Development Department a written notice of appeal,
specifically stating the reason for the appeal and the relief
sought, and payment of the appropriate fee. Upon
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commencement of an appeal, the decision appealed from
is stayed until the decision on appeal becomes final.
17.85.030 Appeal Hearing - Notice. Preparation of Record
A. Upon timely commencement of an appeal, the Community
Development Department shall schedule the appeal
hearing, mail notice of the appeal, prepare the appeal
record and notify the Commission of the appeal.
B. For appeals from the Community Development Director's
decision, notice shall be given, at a minimum, to all
adjoining property owners. The notice shall include the
appellant's notice of appeal, describe the decision
appealed from, state the date of the appeal hearing and
time within which written argument supporting or
opposing the appeal may be submitted, and contain the
substance of Subsection E of this Section regarding the
availability of the appeal record.
C. The appeal record shall be completed within ten (10)
working days of receipt of the notice of appeal for appeals
from the Community Development Director's decision.
The appeal record shall include the Community
Development Director's written decision and supporting
documentation.
D. Following completion of the record, the Community
Development Department shall, by certified mail, serve a
copy of the appeal record on the applicant. The
Community Development Department shall deliver a copy
of the appeal record to the Borough staff assigned
responsibility for the appeal.
E. A copy of the appeal record shall be available for public
inspection at the Community Development Department
office. Any person may obtain a copy of the record upon
payment of the appropriate.
F. On appeal to the Commission, any person who meets the
requirements of Section 17.85.010 and 17.85.030.B may
submit to the Community Development Director written
argument supporting or opposing the appeal. Written
argument submitted prior to the appeal hearing shall
become part of the appeal record.
17.85.040 Appeal Hearing
A. On an appeal from a Community Development Director's
decision the Commission shall hold a public hearing on
the appeal at its first regular meeting after the record is
prepared.
B. At the hearing before the Commission, only persons who
have received written notice of the appeal or submitted
written comments on the appeal may present oral
argument. Oral argument shall be subject to the following
order and time limitations, unless the Commission, for
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good cause shown, permits a change in the order or an
enlargement of time.
1. Borough staff, ten (10) minutes to present the
decision below and to set forth the evidence and
reasons relied upon for the decision.
2. Appellant, ten (10) minutes.
3. Private person supporting the appeal, ten (10)
minutes each.
4. Private person opposing the appeal, ten (10)
minutes each.
5. Appellant, for rebuttal, ten (10) minutes.
C. Failure to observe the above procedures in a hearing shall
not affect the validity of the decision so long as the
appellant has had a reasonable opportunity to be heard.
D. The Commission shall decide the appeal upon the appeal
record and the written and oral argument presented on
the appeal.
17.85.050 Decision
A. The Commission shall either affirm or reverse the decision
of the Community Development Director in whole or in
part. If the Commission fails to approve the reversal of the
Community Development Director's decision, that decision
is affirmed.
B. Every decision of the Commission to affirm or reverse an
action of the Community Development Director shall be
based upon findings and conclusions adopted by the
Commission. Such findings must be reasonably specific
so as to provide the community, and where appropriate,
reviewing authorities, a clear and precise understanding of
the reason for the decision.
C. The Commission's decision affirming or reversing the
decision of the Community Development Director shall be
mailed to the parties to the appeal within five (5) working
days after the appeal decision and approval of findings of
fact.
The motion was seconded and CARREED by unanimous voice
vote.
VIL OLD BUSINESS
There was no old business.
VUL NEW
There was no new business.
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IX. COMMUNICATIONS
COMMISSIONER HENDEL MOVED TO ACKNOWLEDGE RECEIPT of
items A through D of communications. The motion was seconded and
CARRIED by unanimous voice vote.
A) Letter dated October 19, 1990, to David Hoffman, Commissioner
of the Alaska Department of Community and Regional Affairs,
from Bob Scholze, re: 1990 Kodiak Island Borough Population
Update (with attachments).
B) Memorandum dated October 29, 1990, from Gaye Vaughan,
Clerk, re: Building Code Board of Appeals.
C) Letter dated October 30, 1990, to Cliff and Evelyn Davidson
from Bob Scholze, re: Lot 7, Block 4, Island Vista Subdivision -
1802 Marmot - storage in right-of-way.
D) Memorandum dated November 6, 1990, to the Kodiak Island
Borough Assembly, re: Ordinance 88-33-0 restricting permitted
uses in the B--Business Zoning District when no public sewer
and water is available.
There were no further communications.
X. REPORTS
COMMISSIONER HENDEL MOVED TO ACKNOWLEDGE RECEIPT of
items A and B of reports. The motion was seconded and CARRIED by
unanimous voice vote.
A) Community Development Department Status Report.
B) Community Development Department Plat Activity Report.
There were no further reports.
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
e �VAV, 1
CHAIR HEINRICHS adjourned the meeting at 9:03 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
ATTEST Q
By: /—
Patricia Eads, Secretary
Community Development Department
DATE APPROVED: December 19, 1990
By: "LJ' � 4�
Robin Heinrichs, Chair
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