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1991-01-16 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - January 16, 1991 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 Wednesday January 16, 1991 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Robin Heinrichs, Chair Jon Aspgren Bruce Barrett Jody Hodgins Jon Hartt Tom Hendel Commissioners Absent: Wayne Coleman, Excused A quorum was established. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. Staff reported the following additions to the agenda: AGENDA ADDITIONS IV.B ELECTION OF OFFICERS IX COMMUNICATIONS A) Letter dated December 19, 1990, to Susan S. McLean from Bob Scholze, re: Lots 3 and 4, Block 43, East Addition. B) Letter dated December 19, 1990, to Frankie Pillifant from Linda L. Freed, re: Aquatic Farm Projects in the Kodiak Island Borough. C) Letter dated December 27, 1990, to Jerry Lampl from Bob Scholze, re: Lot 15A, U.S. Survey 3098 - 1950 Mill Bay Road. D) Letter dated December 28, 1990, to Kodiak Island Borough from Jim Peterson, re: Notification of Operations, SC88-03/04 (with attachments). KIBS227307 P & Z Minutes: January 16, 1991 Page 1 of 13 E) Letter dated January 4, 1991, to Patty Bielawski from Linda L. Freed, re: St. Paul Harbor 25 - Modification. F) Letter dated January 4, 1991, to Logan Porter and Jim Crane from Bob Scholze, re: Lot 3, Block 3 Island Vista Subdivision - 2035 Harbor Way. COMMISSIONER HODGINS MOVED TO ACCEPT the agenda with the r-- additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER BARRETT MOVED TO ACCEPT the minutes of the December 19, 1990 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. VIB. ELECTION OF OFFICERS COMMISSIONER HENDEL was nominated as chair, and COMMISSIONER HEINRICHS and COMMISSIONER HODGINS were nominated as vice chair. COMMISSIONER HEINRICHS MOVED TO ACCEPT COMMISSIONER HENDEL as chairman and have a silent ballot vote for vice chair. The motion was seconded and CARRIED by unanimous roll call vote. After a silent ballot vote was taken the vote was tied. COMMISSIONER HEINRICHS then withdrew his name from the ballot, and COMMISSIONER HODGINS was named as vice chair. COMMISSIONER HENDEL took over as chair of the meeting. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) Case 59-057. Request for a one year extension of a condition of approval for a variance granted from Section 17.36.040.0 (Nonconforming Structures) of the Borough Code to permit the relocation of an existing nonconforming structure where the nonconformity will be neither enlarged nor reduced in an Rl-- Single-family Residential Zoning District. Lot 10A-2, U.S. Survey 3099; 2713 Spruce Cape Road (William T. Wever) Linda Freed indicated that staff had no additional information to provide on this request, and that staff recommended approval of the request. William Wever was available to answer questions from the commission. COMMISSIONER HEINRICHS MOVED TO GRANT the request for a one year extension of a condition of approval for a variance granted from Section 17.36.040.0 (Nonconforming Structures) of the Borough Code to permit the relocation of an existing nonconforming structure where the nonconformity will be neither enlarged nor reduced in an III--Single-familyResidential Zoning District. Lot 10A-2, U.S. Survey 3099; 2713 Spruce Cape Road The motion was seconded and CARRIED by unanimous roll call vote. KIBS227309 P & Z Minutes: January 16, 1991 Page 2 of 13 There were no additional audience comments and appearance requests. VI. PUBLIC HEARINGS A) Case 90-076. Proposed revisions to Chapter 17.34 (Zero -lot -line Development) of the Borough Code. Linda Freed indicated that no public hearing notices had been sent out for this item since it was a proposed zoning code change. Staff commented that this would be the third public hearing in the revision, and that changes had been made in the draft to reflect commission discussion at the most recent worksession Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt the proposed revisions to Chapter 17.34 (Zero -lot -line Development) of the Borough Code. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 90-079. Request for a variance from Section 17.57.020.A.1.a. (Off-street parking --Number of spaces required) of the Borough Code in order to permit the continued use of a non-grandfathered, non -permitted apartment in an existing single family dwelling, for which the required off-street parking cannot be provided in an R3--Multifamily Residential Zoning District. Lot 9, Block 6, Baranof Heights Subdivision; 1216 Madsen Avenue (Tom Martin) DUANE DVORAK indicated 47 public hearing notices were mailed for this case and 7 were returned, 3 opposing and 4 stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Joe Floyd appeared before the Commission and expressed opposition to this request. Dennis Nicholson appeared before the Commission and expressed support for this request. Bill Jacobson appeared before the Commission and expressed qualified support for this request and concern about the long range implications of granting the request. KIBS227309 P & Z Minutes: January 16, 1991 Page 3 of 13 Joy Green appeared before the Commission and expressed qualified support for this request. Dee Friesen appeared before the Commission and expressed suppport of this request. Craig Johnson appeared before the Commission and expressed suppport for this request, and presented the Commission with a letter of support from Cecile Hiner. Tom Martin appeared before the Commission and expressed support for this request and to answer questions from the Commission. Public Hearing Closed. Regular Session Opened. COMMISSIONER Heinrichs MOVED TO GRANT Request for a variance from Section 17.57.020.A.1.a. (Off-street parking -- Number of spaces required) of the Borough Code in order to permit the continued use of a non-grandfathered, non -permitted apartment in an existing single family dwelling, for which the required off-street parking cannot be provided in an R3-- Multifamily Residential Zoning District. Lot 9, Block 6, Baranof Heights Subdivision; 1216 Madsen Avenue; and to adopt the findings contained in the staff report dated January 7, 1991 as "Findings of Fact" for this case. 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 circumstance applicable to the property is the topography of the lot which slopes down, away from the Madsen Street right-of-way. The grade differential between the existing dwelling and the paved road surface is such that a parking deck or infilled parking area located entirely on the lot would compromise the aesthetics and functionality of the structure. There is no access to the rear of the property. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances would result in practical difficulty and unnecessary hardship for the property owner as the dwelling was converted to a duplex prior to acquisition by the present owner. In addition, staff noted other duplexes in the area which do not provide adequate off-street parking on Madsen, Purtov, and Larch Streets. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinitv KIBS227310 P & Z Minutes: January 16, 1991 Page 4 of 13 nor be detrimental to the public's health, safety and welfare. Granting of the variance will not result in any additional construction or grading activities which have not already taken place. The existing parking deck is sufficient to provide adequate parking for the duplex even though the vehicles are located partially in the Madsen Street right-of-way. The conversion of this structure to a duplex has been completed for years, and no complaints have been documented in departmental records. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan which identifies this area for Medium Density Residential. Single-family and duplex structures on lots of 7,200 square feet or larger are considered to be medium density development in the 1968 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 did not cause special conditions or financial hardship from which relief is being sought by a variance. The applicant bought the property under the belief that it was a legal duplex dwelling. The applicant immediately initiated the variance procedure to obtain relief when the duplex was discovered to be an illegal conversion. Staff believes that a variance would have been requested previously had the applicant understood that it was necessary. 6. That the grantina of the variance will not permit a prohibited land use in the district involved. The granting of a variance in this case will not permit a prohibited land use in the district involved. The R2--Two- family Residential Zoning District permits duplex dwellings. The motion was seconded. There was discussion about requirements in the zoning code for r Off -Street Parking. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION to include the following condition of approval: Should the City of Kodiak require use of this portion of the Madsen Avenue right-of-way the owner of record of the property shall construct the required off-street parking at his sole expense. KIBS227311 P & Z Minutes: January 16, 1991 Page 5 of 13 The AMENDMENT was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO CLARIFY the condition of approval, to specify 4 required legal off-street parking spaces for the duplex. The motion was seconded and CARRIED by a roll call vote of 5-1. COMMISSIONER HODGINS voted no. The question was called and the MAIN MOTION AS AMENDED carried by a roll call vote of 4-2. COMMISSIONERS HODGINS and BARREIT voted no. C) Case 91-001. Request for an exception in accordance with Section 17.03.060.A (Zoning Compliance) of the Borough Code to permit the filling and grading of the lots in order to allow for future development in an R2--Two-family Residential Zoning District. Lots 40 and 41, Block 12, Aleutian Homes Subdivision; 621 and 711 Lower Mill Bay Road (Samuel Graber; Jim Graham) DUANE DVORAK indicated 76 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended POSTMONEMENT of this request to schedule another public hearing at the February 20, 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 91-001 and to schedule another public hearing for this case at the February 20, 1991, regular meeting. The purpose of the postponement is to allow for additional input on the case by the City of Kodiak Public Works department and building inspector. The motion was seconded and CARRIED by unanimous roll call vote. D) Case 91-002. Request for an exception in accordance with Section 17.03.060.A (Zoning Compliance) of the Borough Code to permit the filling and grading of the lots in order to allow for future development in an R2--Two-family Residential Zoning District. Lots 47, 48, and 49, Block 12, Aleutian Homes Subdivision; 811, 813, and 815 Lower Mill Bay Road (Samuel Graber; Jim Graham) DUANE DVORAK indicated 71 public hearing notices were mailed and 1 was returned, opposing this request. Staff recommended POSTMONEMENT of this request to schedule P & Z Minutes: January 16, 1991 KIBS227312 Page 6 of 13 another public hearing at the February 20, 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 91-002 and to schedule another public hearing for this case at the February 20, 1991, regular meeting. The purpose of the postponement is to allow for additional input on the case by the City of Kodiak Public Works department and building inspector. The motion was seconded and CARRIED by unanimous roll call vote. E) Case 91-003. Appeal of an Administrative Decision in accordance with Section 17.68.020.B (Appeals from Administrative Decisions) of the Borough Code of a decision ordering the discontinuation of an unlawful use of land (renting a self-contained room as a separate dwelling unit). The appellants are seeking relief in the form of an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit the continued use of the room as a separate dwelling unit, and a variance from Section 17.57.020.A.1.a (Off-street parking --Number of Spaces required) to allow the separate dwelling unit without the provision of the required off-street parking spaces in an R2--Two-family Residential Zoning District. Lot 2, Block 6, Baranof Heights Subdivision; 1110 Madsen (Oddvar Nylund; Dee Friesen) DUANE DVORAK indicated 66 public hearing notices were mailed for this case and 5 were returned, 0 in favor, 4 opposing, and 1 stating non -objection to this request. Staff recommended that the administrative decision be upheld and that the request for relief be denied. Regular Session Closed. Public Hearing Opened: Joy Green appeared before the Commission and expressed support for the staff recommendation to deny the appeal. Dennis Nicholson appeared before the Commission and expressed support for the staff recommendation to deny the appeal. Joe Floyd appeared before the Commission and expressed support for the staff recommendation to deny the appeal. KIBS227313 P & Z Minutes: January 16, 1991 Page 7 of 13 Bill Jacobson appeared before the Commission and expressed support for the staff recommendation to deny the appeal. Dee Friesen, representing the property owner, appeared before the Commission to ask for clarification, to answer questions from the Commission, and to support the granting of the appeal and the requested relief. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO AFFIRM the administrative decision that the self-contained room located in the crawl space beneath the duplex on Lot 2, Block 6, Baranof Heights Subdivision constitutes a violation of Section 17.19.020 of the Borough Code, due to the fact that a triplex exceeds the permitted density of two (2) duplex dwelling units permitted in the R2--Two-family Residential Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO ADOPT the following Findings of Fact: 1. No written evidence was presented to substantiate that this property has "grandfather status." That is, that the building was constructed and in use prior to June 5, 1980. In fact, written evidence exists to show that the building does not have "grandfather status" and this is supported by testimony of the owner and agent. 2. No written evidence was presented that substantiates that the Kodiak Island Borough staff (e.g. zoning officer) endorsed the use of the structure as a multiple -family dwelling unit or boarding house. In fact, the zoning compliance section of the building permit for the structure, shows the intended use of the structure as a single-family dwelling. 3. At the time this building was under construction the City building official was under no obligation, and not charged with inspecting structure for compliance with the Borough zoning code. 4. The commission agrees with the staff interpretation that the self-contained room constitutes a separate dwelling unit based on the following criteria: Neighbors have testified that they have observed many transient residents using the property, especially the rooms in question, without any apparent relationship with the residents of the two allowable dwelling units in the building. The room (or rooms) in question are being rented as separate sleeping rooms and are not being occupied as part of a single housekeeping unit in conjunction P & Z Minutes: January 16, 1991 KIBS227314 Page 8 of 13 .— with one of the two allowable dwelling units in the house. The room (or rooms) have a separate entrance and are not accessible to the two allowable dwelling units in the structure, except through an outside entrance. The structure has three (3) separate electrical meters. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HODGINS MOVED TO GRANT an exception from Section 17.19.020 of the Borough Code to permit the continued use of a self-contained room as a separate dwelling unit (resulting in a triplex) on Lot 2, Block 6, Baranof Heights Subdivision which is located in the R2--Two-family Residential Zoning District. The MOTION was seconded and FAILED by unanimous roll call vote. COMMISSIONER HODGINS MOVED TO ADOPT the findings of fact as findings of fact for this case contained in the staff report dated January 8, 1991. 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 triplex will exceed the permitted density of the lot. The lot cannot provide the required six (6) off-street parking spaces required for triplex structures. In addition, no permits have been issued or inspections performed for the self-contained room located in the crawl space beneath the basement duplex unit. As a result, the unit may not comply with the applicable building and fire codes. B. The proposed use is inconsistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.19, the R2-- Two-Family Residential Zoning District. C. The proposed use will adversely affect other properties in the area. Granting this exception will set a precedent for changing the use, density, and expected lifestyle (i.e., medium density, single family and duplex residential) of the neighborhood and the R2--Two-Family Residential Zoning District. KIBS227315 P & Z Minutes: January 16, 1991 Page 9 of 13 The MOTION was seconded and CARRIED by unanimous roll call vote. The commission discussed whether there was a need to vote on the variance request since the exception request had been turned down, rendering the variance request moot. COMMISSIONER HODGINS MOVED TO GRANT a variance from Section 17.57.020.A.1.a to allow a separate dwelling unit, in addition to an existing duplex, without the provision of the required off-street parking spaces in an R2--Two-family Residential Zoning District on Lot 2, Block 6, Baranof Heights Subdivision. The MOTION was seconded and FAILED by unanimous roll call vote. F) Case 91-004. Request for review by the Planning and Zoning Commission in accordance with Section 18.80 (Procedure) of the proposed trade of Borough land (Lot 17, Block 1, Russian Creek Alaska Subdivision, 11206 Rezanof Drive West) for a private parcel (Tract E of Tract A, Bells Flats Alaska Subdivision, 465 Sargent Creek Road). LINDA FREED indicated 37 public hearing notices were mailed for this case and 1 was returned stating non -objection to this request. Staff recommended postponement of action on this request until the March 20, 1991 meeting. Staff reported on additional information requested by the Commission: The property was appraised based on market value; Len Schwarz, of the Alaska Department of Fish & Game, Sport Fish, supports the development of a proposed parking area for this area; and the Parks & Recreation committee has postponed action on this land trade. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO POSTPONE action on Case 91-004 until the March 20, 1991 meeting. The purpose of the postponement is to allow time for a recommendation on the �- land trade to be received from the Kodiak Island Borough Parks & Recreation Committee. The MOTION was seconded and CARRIED by unanimous roll call vote. G) Case S-91-001. subdivision of a Ranch) to Lots 1 - Roy Ecklund) Request for preliminary approval of the portion of Lot 1, U.S. Survey 2539 (Nixon 11, Russian River Estates. (Charles Dorman; KIBS227316 P & Z Minutes: January 16, 1991 Page 10 of 13 DUANE DVORAK indicated 30 public hearing notices were mailed and 1 was returned expressing concern about access to property beyond the subdivision. Staff recommended Approval of this request, however staff reviewed other options for the Commission including postponement, pending further investigation by staff and Resource Management Officer. Regular Session Closed. Public Hearing Opened: Lee Russell, property co-owner, appeared before the Commission and expressed support for this request, and to answer questions from the Commission. Charles Dorman, property co-owner, appeared before the Commission and expressed support for this request, and to answer questions from the Commission. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARR= MOVED TO GRANT preliminary approval of the request cited above, subject to the following conditions: 1. Place a note on the final plat stating: "Setbacks along the rear or side of Lots 2 through 6 will be calculated from the top of the high bank." 2. This preliminary approval is subject to a determination that the USCG has no legal access across the property. If it is determined that the USCG has legal access across the property the plat must be submitted to the Commission for a final review. 3. Show the electrical easement across Lots 1 and 2, recorded in Book 97, pages 812 through 816, on the final plat. 4. Relocate the quonset but and generator building to legal locations and remove the debris from the site prior to final approval of the plat. 5. Provide adequate access for the U.S. Coast Guard to finish cleanup of property behind the subdivision prior to final approval of the plat. The motion was seconded and CARRIED by unanimous roll call vote. V11L OLD A) Case S-90-046. Request for preliminary approval of the creation of a right-of-way easement over a portion of U.S. Survey 1673. Postponed from the December 1990 regular meeting. (City of Kodiak) KIBS227317 P & Z Minutes: January 16, 1991 Page 11 of 13 COMMISSIONER HODGINS MOVED TO postpone action on the request cited above until the February 20, 1991 meeting. The motion was seconded and CARRIED by unanimous voice vote. The purpose of the postponement is to provide an opportunity for the Planning and Zoning Commission to meet with the Kodiak City Council prior to making a decision on this request. B) No number assigned Request for Planning and Zoning Commission review of a second draft of "Kodiak Island Borough Zoning Enforcement Procedures." COMMISSIONER HODGINS MOVED TO RECOMMEND ASSEMBLY APPROVAL of the "Kodiak Island Borough Zoning Enforcement Procedures". The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. VIII. NEW There was no new business. IX. COMMUNICATIONS There was discussion of Item D, Notice of Operations for logging operations on Afognak Island. COMMISSIONER BARR= MOVED that the Kodiak Island Borough write a letter commenting on the importance of the Kitoi Bay drainage to the economy of the Kodiak area, and that logging in this area should provide for the greatest protection possible of the drainage, including consideration of increasing the width of the buffer or leave strips. The motion was seconded. There was some discussion about buffer strips, and clarification of the stand the Borough should take. COMMISSIONER HODGINS MOVED TO AMEND MOTION to remove any reference to buffer strips. The MOTION was seconded and failed by a roll call vote of 5-1. COMMISSIONER HODGINS voted no. The question was called and the MOTION CARRIED by a roll call vote of 5-1. COMMISSIONER HODGINS voted no. '-- COMMISSIONER HODGINS MOVED TO ACKNOWLEDGE RECEIPT of items A through F of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated December 19, 1990, to Susan S. McLean from Bob Scholze, re: Lots 3 and 4, Block 43, East Addition. B) Letter dated December 19, 1990, to Frankie Pillifant from Linda L. Freed, re: Aquatic Farm Projects in the Kodiak Island Borough. KIBS227318 P & Z Minutes: January 16, 1991 Page 12 of 13 C) Letter dated December 27, 1990, to Jerry Lampl from Bob Scholze, re: Lot 15A, U.S. Survey 3098 - 1950 Mill Bay Road. D) Letter dated December 28, 1990, to Kodiak Island Borough from Jim Peterson, re: Notification of Operations, SC88-03/04 (with attachments). E) Letter dated January 4, 1991, to Patty Bielawski from Linda L. Freed, re: St. Paul Harbor 25 - Modification. F) Letter dated January 4, 1991, to Logan Porter and Jim Crane from Bob Scholze, re: Lot 3, Block 3 Island Vista Subdivision - 2035 Harbor Way. There were no further communications. X. REPORTS COMMISSIONER HODGINS 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. XH. COMMISSIONERS' COMMENTS XM. ADJOURNMENT ATTEST CHAIR HENDEL adjourned the meeting at 10:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Eileen Probasco, Secretary Community Development Department DATE APPROVED: By: Tom Hendel, Chair KIBS227319 P & Z Minutes: January 16. 1991 Page 13 of 13