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1991-02-20 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - February 20, 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 Tom Hendel on Wednesday, February 20, 1991 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Tom Hendel, Chair Jon Aspgren Bruce Barrett Wayne Coleman Jon Hartt Robin Heinrichs Jody Hodgins Commissioners Absent: None 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/deletions to the agenda: DELETION: VII OLD BUSINESS A) CASE: S90-046 APPLICANT: City of Kodiak REQUEST: 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 and January 1991 regular meetings. LOCATION: Gibson Cove ZONING: I --Industrial Zoning District ADDITIONS: IX COMMUNICATIONS G) Letter from U.S. Fish & Wildlife Service, Kodiak National Wildlife Refuge to Jerome Selby RE: upcoming Land Protection Plan public meeting on March 6 at the Buskin River Inn. P & Z Mtnutea: February 20, 1991 KIBS227324 Page 1 of 20 H) Brochure for Planning Commission Training Seminar scheduled for March 9. 1991 in Anchorage. COMMISSIONER HODGINS MOVED TO ACCEPT the agenda with the additions/deletions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HEINRICHS noticed two (2) typographical errors on page 4 and commented that when an agenda item is postponed to a future meeting, he would like the reason for the postponement stated in the minutes. COMMISSIONER HEINRICHS MOVED TO POSTPONE APPROVAL of the minutes of the January 16, 1991 Planning and Zoning Commission regular meeting until the March 20, 1991 meeting to allow the requested revisions to be made. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) Case 88-014. Request for a five (5) year extension of a previously approved temporary one (1) year exception to permit the operation of a campground facility in Gibson Cove until March, 1996. Portion of U.S. Survey 1673. (City of Kodiak) "— COMMISSIONER HODGINS MOVED TO GRANT the Request for a five (5) year extension of a previously approved temporary one (1) year exception to permit the operation of a campground facility in Gibson Cove until March, 1996. The motion was seconded and CARRIED by unanimous roll call vote. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS A) 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 (Postponed from the Regular Meeting of January 16, 1991) (Samuel Graber). DUANE DVORAK indicated 76 public hearing notices were mailed for this case in January, and none were mailed in February. None (0) were returned. Staff recommended approval of this request, subject to conditions of approval. Regular Session Closed. Public Hearing Opened: KIBS227325 P & Z Mtnutes: February 20, 1991 Page 2 of 20 Jim Graham, representing Samuel Graber, appeared before the Commission to answer questions and expressed support for this request. COMMISSIONER BARR= asked Mr. Graham if he had any objections to changing the Conditions of Approval recommended by the City, and having all of the "should"s read "will'. Mr. Graham stated that he had no objection to this change. COMMISSIONER HEINRICHS expressed concern of mud slides and seasonal erosion and suggested a change in the conditions of approval to reflect that the fill be stabilized against erosion and sliding during the winter on an annual basis. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO GRANT the 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 subject to the conditions of approval in the staff report dated February 12, 1991, and to adopt the findings of fact in the staff report dated February 12, 1991 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL Fill and grading activities must be accomplished in accordance with the conditions specified by the Kodiak Public Works Department as set forth in the memorandum dated February 7, 1991, and summarized below: 1. A three (3) foot cap of 4" minus rock will be placed in the areas designated for parking; 2. Hydro -seeding, or a 6" cover of 2" minus rock would be effective in preventing erosion and silting downstream. Other methods may also be used to address this concern at the developers discretion. 3. The developer will not obstruct any existing drainage features on the property that would adversely impact properties downstream. 4. The parking area will slope towards Mill Bay Road, due to the approaching reconstruction the roadway. 5. All fill or grading operations will be outside the existing easements as shown. 6. Any future building construction will insure that foundations are constructed on rock or suitable fill, below the non-structural fill. P & Z Minutes: February 20, 1991 KIBS227326 Page 3 of 20 FINDING 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. This request will not endanger the publics health, safety or general welfare provided that the applicable grading codes and conditions of approval are met in the filling and grading of the lots. B. This project is consistent with the general purposes and intent of this title. The fill and grading of this lot will be done such that the eventual development of residential structures on the lots will be enhanced. Fill and grading of a lot in a residential zone is specifically permitted by exception if review by the Planning and Zoning Commission determines that the project meets all the requirements for an exception. C. Granting this exception will not adversely impact other properties or uses in the neighborhood provided the applicant meets the conditions recommended by the Kodiak Public Works Department. The fill and grading will be done in accordance with the applicable grading requirements of the Uniform Building Code, and will be checked in the field by the staff of the Building Official's Office. The motion was seconded. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION to have condition number two read as follows: 2. Hydro -seeding, or a 6" cover of 2" minus rock will be effective in preventing erosion and silting downstream. Other methods may also be used to address this concern. The fill will be stabilized against erosion and sliding during the winter on an annual basis. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. B) 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 P & Z Minutes: February 20. 1991 KIBS227327 Page 4 of 20 Subdivision; 811, 813, and 815 Lower Mill Bay Road (Postponed from the Regular Meeting of January 16, 1991) (Samuel Graber). DUANE DVORAK indicated 76 public hearing notices were mailed for this case on January 3, 1991 and none were mailed in February. One (1) was returned, opposing this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Jim Graham, representing Samuel Graber, appeared before the Commission to answer questions and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT the 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, subject to the same conditions as Case 91-001, which are as follows: Fill and grading activities must be accomplished in accordance with the conditions specified by the Kodiak Public Works Department as set forth in the memorandum dated February 7, 1991, and summarized below: 1. A three (3) foot cap of 4" minus rock will be placed in the areas designated for parking; 2. Hydro -seeding, or a 6" cover of 2" minus rock will be effective in preventing erosion and silting downstream. Other methods may also be used to address this concern. The fill will be stabilized against erosion and sliding during the winter on an annual basis. 3. The developer will not obstruct any existing drainage features on the property that would adversely impact properties downstream. 4. The parking area will slope towards Mill Bay Road, due to the approaching reconstruction the roadway. 5. All fill or grading operations will be outside the existing easements as shown. 6. Any future building construction will insure that foundations are constructed on rock or suitable fill, below the non-structural fill. and to adopt the findings of fact in the staff report dated February 12, 1991 as "Findings of Fact' for this case. KIBS227328 P & Z Mtnutea: February 20, 1991 Page 5 of 20 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. This request will not endanger the publics health, safety or general welfare provided that the applicable grading codes and conditions of approval are met in the filling and grading of the lots. B. This project is consistent with the general purposes and intent of this title. The fill and grading of this lot will be done such that the eventual development of residential structures on the lots will be enhanced. Fill and grading of a lot in a residential zone is specifically permitted by exception if review by the Planning and Zoning Commission determines that the project meets all the requirements for an exception. C. Granting this exception will not adversely impact other properties or uses in the neighborhood provided the applicant meets the conditions recommended by the Kodiak Public Works Department. The fill and grading will be done in accordance with the applicable grading requirements of the Uniform Building Code, and will be checked in the field by the staff of the Building Official's Office. The motion was seconded and CARRIED by unanimous roll call vote. C) Case 91-005. 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 (outdoor storage constituting a junkyard) in an RR1--Rural Residential One Zoning District and removal of all junk vehicles (un- registered, inoperable vehicles, trailers, parts and scrap salvage) within (60) days. Lot 5B, Block 3, Bells Flats Alaska Subdivision, 782 Sargent Creek Road (Richard Madson); and Request for relief in the form of an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit junk vehicles (un-registered, inoperable vehicles, trailers, parts and scrap salvage) on a lot in the RR1--Rural Residential One Zoning District. DUANE DVORAK indicated 15 public hearing notices were mailed for this case and 5 were returned, all opposed to this request. Staff recommended denial of this request. Duane P & Z Minutes: February 20, 1991 KIBS227329 Page 6 of 20 stated that a fax from Mr. Madson was received the morning of February 20, 1991 stating that he was in Anchorage on business and would be unable to atttend the Planning and Zoning Commission meeting, and requested that the decision on his case be postponed until the next regular meeting. Regular Session Closed. Public Hearing Opened: Joe Harlan, appeared before the Commission and opposed granting the appeal and the relief sought. He presented the Commission with two more public hearing notices opposing the request, a petition with 13 signatures of people opposing the request, and a video tape approximately 1 1/2 to 2 minutes long showing the junk vehicles, trailers, parts and scrap salvage on Mr. Madson's lot. Mike Merrigan appeared before the Commission and expressed opposition to the reqeust. Arnold Shryock, Department of Environmental Conservation representative, appeared before the Commission and stated that DEC had no major concerns about the situation. Mary Ellen Harlan appeared before the Commission and expressed opposition to the request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO AFFIRM the administrative decision specifying that the outdoor storage of junk vehicles (unregistered, inoperable vehicles, trailers, parts and scrap salvage) on Lot 5B, Block 3, Bells Flats Alaska Subdivision is an unlawful use of land; and to adopt the findings contained in the staff report dated February 6, 1991, as "Findings of Fact" for this appeal. FINDINGS OF FACT 1. Although junk, junk vehicles, and scrap salvage may have value associated with it, the storage of this type of property in residential areas is not permitted by or consistent with the RR1--Rural Residential One Zoning District. 2. Vehicles on this lot which are unlicensed, unregistered, and/or inoperative, and which generally meet the requirements for junk and scrap salvage, must be so classified regardless of their potential use in support of fishing activities. 3. Historically, outdoor storage of scrap salvage, junk, junk vehicles, etc. provide additional habitat for rats and vermin, resulting in health and safety concerns, as well as presenting an attractive nuisance for children. KIBS227330 P & Z Minutes: February 20, 1991 Page 7 of 20 4. Permitting this type of storage to continue in a residential area will set a precedent that would encourage other property owners to utilize their residential property for industrial purposes. Storage of any material or equipment can probably be said to have some relationship with fishing activities in a fishing community such as Kodiak. Enforcement of the Zoning Code, however, must be done uniformly to ensure that the rights of all citizens are equally protected. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO GRANT the request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit junk vehicles (unregistered, inoperable vehicles, trailers, parts and scrap salvage) on a lot in the RRI-- Rural Residential One Zoning District. The MOTION was seconded and FAILED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO REQUIRE THE REMOVAL of all junk vehicles and scrap salvage on Lot 5B, Block 3, Bells Flats Subdivision within sixty (60) days, and to adopt the finding contained in the staff report dated February 6, 1991 as "Findings of Fact" for Case 91-005. 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. It appears that the use will endanger the public's health, safety or general welfare because industrial land uses (e.g. junkyards, scrap salvage) detract from the use of surrounding property for residential purposes. This is evidenced by the complaint already received regarding the storage of junk vehicles and scrap salvage. Methods of limiting land use conflicts like this can include, but are not limited to, screening, limits on the land area to be used for the activity, or time limits on the length of time proposed activity is allowed. These methods may address concerns about the appearance of outdoor storage in the form of junk and scrap salvage and thereby preserve the public's welfare. However, it is much harder to specify conditions of approval that would ensure that the storage does not improve habitat for rats and vermin or that contamination of the soil with petroleum products or other residue does not occur as a result of vehicle storage, salvage or refabrication. KIBS227331 P & Z Minutes: February 20. 1991 Page 8 of 20 B. The proposed use is inconsistent with the general purposes and intent of Chapter 17.17.010 (Description and Intent) of the RRl--Rural Residential One Zoning District as follows: 17.17.010 Description and intent. The rural residential one district is established as a land use district for large lot, low density, residential and general agricultural purposes. For the rural residential one district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the continued use of land for low density residential and general agricultural purposes; B. To prohibit commercial and industrial land uses; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; and D. To discourage land uses which, because of their character or size, would create unusual requirements and costs for public services. Section 17.03.080 specifies that uses not listed as permitted uses are prohibited. Junkyards and scrap salvage are not permitted uses in the RRl-- Rural Residential One Zoning District. C. The proposed use would adversely impact other properties in the area. In addition to the conflict between the industrial land use and the surrounding residential land uses (e.g. vermin, contamination, traffic, hours of operation, etc.) granting this exception will set a precedent for changing the expected use of the RRl--Rural Residential One Zoning District. This is especially true given the existence of industrial use already taking place on the property. This exception, if approved, would allow what is essentially an industrial use on the subject property. This could give the impression to the public that the intended use of the surrounding residential and public use land may be of an industrial nature, thereby encouraging similar land use activities to occur in this area. The motion was seconded and CARRIED by unanimous roll call vote. D) Case 91-006. Request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit the continued P & Z Minutes: February 20, 1991 KIBS227332 Page 9 of 20 use of a second, non -permitted single-family dwelling unit in a lot in the RRl--Rural Residential One Zoning District. Lot 3, Block 3, Island Vista Subdivision, 2105 Harbor Way (James A. Crane and Logan Porter -Crane). DUANE DVORAK indicated 14 public hearing notices were mailed on February 5, 1991 and 2 were returned opposing this request. Mr. Dvorak presented the Commission with an additional staff report, addressing grandfather rights as they may apply to the subject dwelling. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: Susan McLean, Legal Counsel for the Cranes, appeared before the Commission and expressed support for this request. She presented the Commission with documents in support of her position, including a signed affidavit from Dave Watkins, the previous property owner. Jim Crane appeared before the Commission and expressed support for this request. He presented the Commission with various color photographs of the subject dwelling and the property. Wade Watkins appeared before the Commission and expressed r support for this request. Logan Crane appeared before the Commission and expressed support for this request, stating she had no concerns about the waste water disposal system in use for the subject dwelling. Arnold Shryock, Department of Environmental Conservation representative, appeared before the Commission and stated that tests taken on the lot in question showed no danger of water contamination. Shawn Dillon, neighbor, appeared before the Commission and expressed opposition to the exception request. Public Hearing Closed. Regular Session Opened. A lengthy discussion followed between the Commissioners and staff about the history of the lot and the existing dwellings, including "grandfather rights". COMMISSIONER BARRETr MOVED TO GRANT a request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit the continued use of a second, non - permitted single-family dwelling unit in the RRl--Rural Residential One Zoning District on Lot 3, Block 3, Island Vista Subdivision. The motion was seconded and FAILED by a roll call vote of 5-1. COMMISSIONER HA= voted in favor. KIBS227333 P & Z Minutes: February 20, 1991 Page 10 of 20 COMMISSIONER BARRETT MOVED TO ADOPT the findings of fact contained in the staff report dated February 20, 1991 as "Findings of Fact" for this case. FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) 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 additional "accessory dwelling" will increase the permitted density permitted on the lot by a factor of two. The permitted density of one dwelling unit per 40,000 square feet in this zoning district is closely related to Alaska Department of Environmental Conservation regulations. These requirements are intended to address the limitations of this area to support onsite water and wastewater systems. Additionally, no permits have been issued or inspections performed for the construction of the ..accessory dwelling" to ensure compliance with ,— building, fire and electrical codes. Residential construction that does not meet these minimal standards is unfit to be occupied for residential purposes. B. The proposed use is inconsistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.17, the RRl-- Rural Residential One Zoning District as follows: 17.17.010 Description and intent. The rural residential one district is established as a land use district for large lot, low density, residential and general agricultural purposes. For the rural residential one district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the continued use of land for low density residential and general agricultural purposes; B. To prohibit commercial and industrial land uses; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; and KIBS227334 P & Z Minutes: February 20, 1991 Page 11 of 20 D. To discourage land uses which, because of their character or size, would create unusual requirements and costs for public services. C. The proposed use could adversely affect other properties in the area. For example, the neighboring property owner's complaint about the two dwellings on one lot mainly centers around the issue of possible contamination of the complainant's drinking water. Granting this exception would set a precedent for changing the use, density, and expected lifestyle (i.e., large lot, low -density, single- family residential) of the subdivision and the RR1-- Rural Residential One Zoning District. The previous property owner extinguished any grandfather rights to maintain the accessory building on Lot 3, Block 3, Island Vista Subdivision as a dwelling unit when the unit was moved as part of a compliance effort in 1988 or 1989, which was subsequently documented by the Borough enforcement officer. Therefore, granting this exception when the pre-existing "accessory dwelling" has no legitimate status as a dwelling would serve to encourage other property owners in the zoning district to similarly disregard the requirements of the RRI--Rural Residential One Zoning District by converting accessory buildings into dwelling units. The MOTION was seconded and CARRIED by unanimous roll call vote. E) Case 91-007. 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 (fishing gear stored on a lot not occupied by owner of record). within thirty (30) days. Lot 4A, Block 7, Miller Point Alaska Subdivision First Addition, 3438 Anton Way. (George Rieth/Jay Johnston/Peter Hannah), and Request for relief in the form of an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit the continued use of a lot in the RRI--Rural Residential One Zoning District for fishing gear storage, for at least 120 days, when the lot is not owner occupied. DUANE DVORAK indicated 22 public hearing notices were mailed for this case and 3 were returned, 1 opposing, and 2 stating non -objection to this request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. KIBS227335 P & Z Minutes: February 20, 1991 Page 12 of 20 Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO AFFIRM the administrative decision that fishing gear stored on Lot 4A, Block 7, Miller Point Alaska Subdivision, First Addition when the lot is not occupied by the owner of record, is an unlawful use of land, and to adopt the findings in the Staff Report dated February 9, 1991 as "Findings of Fact" in support of this decision. FINDINGS OF FACT 1. Correspondence with the appellant does not indicate any dispute of the facts in this case, concerning the ownership status of the fishing gear or occupation of the residential structure on Lot 4A, Block 7, Miller Point Alaska Subdivision. 2. Documentation on file indicates that the property owners were previously aware of the requirement for the property to be owner occupied prior to commencing fishing activities on a lot. 3. Illegal fishing gear storage on residential lots is a major concern of the Planning and Zoning Commission as indicated by the fact that this issue was specifically addressed at the time the property was subdivided. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER ASPGREN MOVED TO grant a request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit the continued use of a lot in the RRl-- Rural Residential One Zoning District for fishing gear storage for not more than 120 days, when the lot is not owner occupied. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO ADOPT the findings contained in the staff report dated February 9, 1991 as "Findings of Fact" for this case: FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) 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. It appears that the use, will endanger the public's health, safety or general welfare because commercial land uses, like fishing gear storage (especially on a lot not occupied by the owner) have P & Z Minutes: February 20, 1991 YUBS227336 Page 13 of 20 the potential to detract from the residential use of the land and the use of surrounding properties for residential purposes. This is evidenced by the complaint already received regarding the outdoor storage on this property and the Commission's condition of approval for the subdivision of this lot. The Commission has granted a temporary exception for only 120 days in recognition of the poor roads and weather conditions at this time of the year. B. The proposed use is inconsistent with the general purposes and intent of Title 17 (Zoning) of the Borough Code. According to Section 17.17.020 (Permitted Uses) of the Borough Code, "fishing activities" are permitted only when an owner occupied dwelling is present on the property. Section 17.03.080 specifies that uses not listed as permitted uses are prohibited. The purpose for allowing fishing activities on an owner occupied lot is based on the assumption that people with a vested interest in the property who are most likely to be affected by commercial fishing gear storage will be more sensitive to the rights of surrounding land owners. This is not to say that people cannot still create a nuisance with their fishing gear. The Zoning Code, however, discourages the storage of commercial fishing gear in residential neighborhoods where the owner does not reside to insure that people do not routinely store their fishing gear in other residential areas simply because they own the property. C. The proposed use could potentially have adverse effects on other properties in the area. In addition to the potential land use conflicts between commercial and residential uses (e.g. noise, traffic, hours of operation, etc.) granting this exception will set a precedent for changing the expected use and lifestyle (i.e., low density, single-family residential) of the RRl--Rural Residential One Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. F) Case 91-008. Request for conditional use permit in accordance with Section 17.21.030 (Conditional Uses) of the Borough Code to permit a fifty by sixty (50 X 60) foot warehouse to locate on a lot in the B--Business Zoning District; and Request for review and approval of "screening" of the above warehouse per Section 17.21.050 (Performance Standards) of the Borough Code. 619 Tagura Road (Robert King). DUANE DVORAK indicated 26 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to conditions. P & Z Minutes: February 20, 1991 KIBS227337 Page 14 of 20 Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.21.030 (Conditional Uses) of the Borough Code to permit a fifty by sixty (50 X 60) foot warehouse to locate in the B--Business Zoning District on Lot 1113, Block 1, Kodiak Townsite Subdivision; subject to the condition of approval contained in the staff report dated February 9, 1991; and to adopt the findings contained in the staff report dated February 9, 1991 as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. A copy of a recorded easement showing legal access to Lot 11B that is sufficient for a commercial warehouse, shall be placed on file with the Community Development Department prior to issuance of zoning compliance for the proposed warehouse. FINDINGS OF FACT - CONDITIONAL USE PERMIT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The conditional use will preserve the character and integrity of the surrounding area by providing a commercial transition zone between a medium density residential area and the shoreline industrial area. In addition, by providing inside storage as opposed to outside storage (a permitted use in this district), this project will be an amenity to the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question It appears that the proposed use meets all the standards for a warehouse in the B--Business Zoning District. Staff calculates that three (3) off-street parking spaces can be located on the lot as indicated on the site plan proposed by the applicant. The structure itself will provide screening between the front of the warehouse and the nearby residential units on Lots 6 and 9A-1. The warehouse will be located on the side and rear lot lines nearest to the dwelling units. Because the dwellings are located generally behind the warehouse, the zero lot line location will effectively screen commercial warehouse activities at the front of the warehouse from the residential lots. KIBS227338 P & Z Minutes: February 20, 1991 Page 15 of 20 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use will not significantly increase traffic in the area. The proposed use will not be harmful to the public health, safety, convenience, or comfort, if all building and fire codes are met in the construction of the warehouse. In addition, this project will comply with all performance standards for the B--Business Zoning District, Section 17.21.050, concerning groundcover, lighting and screening. 4. The sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. Sufficient area is available for a warehouse on Lot 11B, Block 1, Kodiak Townsite Subdivision, based on staff evaluation of the proposed site plan. The B--Business Zoning District does not provide for setbacks or minimum lot area. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HODGINS MOVED TO APPROVE the use of the building as the "screening' for the fifty by sixty (50 x 60) foot warehouse on Lot 1113, Block 1, Kodiak Townsite Subdivision in accordance with Section 17.21.050 (Performance Standards) of the Borough Code; and to adopt the finding contained in the staff report dated February 9, 1991 as a "Finding of Fact" for this case. FINDING OF FACT 1. A warehouse located on the side and rear lot lines of Lot 11B, Block 1, Kodiak Townsite Subdivision, (as shown on the site plan dated January 16, 1991), will effectively screen residential dwelling units, which are generally located behind the proposed warehouse, from commercial activities at the front of the structure. The MOTION was seconded and CARRIED by unanimous roll call vote. G) Case 91-009. 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 a lot in order to allow for future subdivision and development. Lot 6, U.S. Survey 3099, 2581 Spruce Cape Road. (Arnold & Sondra Shryock). DUANE DVORAK indicated 57 public hearing notices were mailed and one was returned stating no objection. Staff recommended approval of this request, subject to conditions. KIBS227339 P & Z Minutes: February 20, 1991 Page 16 of 20 Regular Session Closed. Public Hearing Opened: Arnold Shryock appeared before the Commission to answer questions and to express support for this case. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO grant an exception, in accordance with Section 17.03.060.A (Zoning Compliance) of the Borough Code to permit the filling and grading of Lot 6, U.S. Survey 3099, as shown on the plan submitted by the applicant; subject to the condition of approval contained in the staff report dated February 11, 1991; and to adopt the findings contained in the staff report dated February 11, 1991, as "Finding of Fact" for Case 91-009. CONDITION OF APPROVAL 1. The applicant must obtain a letter from the Alaska Department of Fish and Game, Habitat Division, indicating whether that agency has jurisdiction over the stream crossing Lot 6, U.S. Survey 3099, before zoning compliance will be issued for excavation or fill of the stream. 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 fill and grading will not endanger the public's health, safety or general welfare if all applicable local, state and federal regulations are met in the regrade of this lot. B. This project is consistent with the general purposes and intent of this title. The fill, grading, and eventual subdivision of this lot will be done such that the subdivision and eventual development of residential structures on the resulting lots will be enhanced. Fill and grading of a lot in a residential zone is specifically permitted by exception if review by the Planning and Zoning Commission determines that the project meets all the requirements for an exception. C. Granting this exception will not adversely impact other properties or uses in the neighborhood provided the applicant coordinates with the Alaska Department of Fish and Game, Habitat Division, prior to issuance of zoning compliance for the P & Z Minutes: February 20, 1991 KIBS227340 Page 17 of 20 grading permit. The fill and grading will be done in accordance with the applicable grading requirements of the Uniform Building Code, and will be checked in the field by the staff of the Building Official's Office. The motion was seconded and CARRIED by unanimous roll call vote. Fn Case 891-003. Request for preliminary approval of the subdivision of Lot 6, U.S. Survey 3099, creating Lots 6A, 613, and 6C, U.S. Survey 3099. 2581 Spruce Cape Road. (Arnold & Sondra Shryock). DUANE DVORAK indicated 57 public hearing notices were mailed for this case and one was returned stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Arnold Shryock appeared before the Commission to answer squestions and expressed support for this request. Public Hearing Closed. Regular Session Opened, COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the subdivision of Lot 6, U.S. Survey 3099, creating Lots 6A, 6B, and 6C, U.S. Survey 3099: subject to the following conditions of approval: and to adopt the findings contained in the staff report dated February 12, 1991 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Provide a utility plan to the Kodiak Island Borough Engineering and Facilities Department for review and approval prior to installation of services to the subdivision. 2. Eliminate the parking and utility easement proposed to serve Lots 6A and 6B. 3. Properly identify the remaining portion of the easement along Cut-off Road on the final plat. 4. Relocate the portion of the dwelling structure that encroaches the right-of-way to a legal location. 5. The plat is subject to a final review by the Planning and Zoning Commission to determine the appropriate number and location of utility easements for the subdivision. KIBS227341 P & Z Minutes: February 20. 1991 Page 18 of 20 FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. 4. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and Federal regulations which may also be applicable. The motion was seconded and CARRIED by unanimous roll call vote. VIL OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. I%. COMMUNICATIONS A) Memo dated January 14, 1991 to ACMP Participants from Robert L. Grogan, Director, Division of Governmental Coordination, RE: Coastal Development Standards (for information only). B) Letter dated January 17, 1991 to Charles Evans & Ron Later, 1110 Selief Lane, RE: Outdoor storage and permitted uses in an R3 zoning district (for information only). C) Letter dated January 28, 1991 to William & Teresa Bishop, 910 Thorsheim, RE: Use of residence as duplex/boarding house in RRl zoning district (for information only). D) Memorandum dated January 31, 1991 to Mike Dolph, Dale Rice and Earl Smith, RE: review of KIB Code Section 17.40, Projections into Required Yards. E) Letter dated February 4, 1991 to Jim Peterson, Area Forester, DNR, Division of Forestry, RE: Response to the Commissions' motion to express concerns for logging in the Kitoi Bay drainage area on Afognak Island. F) Letter dated February 1, 1991 to 30 homeowners in Aleutian Homes Subdivision, RE: Use of residence as a boarding house/duplex in RI --Single-family Residential zoning district. P & Z Minutes: Febm KIBS227342 an' 20, 1991 Page 19 of 20 G) Letter from U.S. Fish & Wildlife Service, Kodiak National Wildlife Refuge to Jerome Selby RE: upcoming Land Protection Plan public meeting on March 6 at the Buskin River Inn. H) Brochure for Planning Commission Training Seminar scheduled for March 9, 1991 in Anchorage. COMMISSIONER BARREIT MOVED TO ACKNOWLEDGE RECEIPT of items A through H of communications. The motion was seconded and CARRIED by unanimous voice vote. 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 for the month od December, 1990. B) Community Development Department Plat Activity Report. There were no further reports. %I. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS Linda, a comment was made here on "grandfather rights"...ordinance concerning extinguishing them as of a certain date. Help me with the correct wording on this! CHAIR HENDEL adjourned the meeting at 11:05 P.M. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: Eileen Probasco, Secretary Community Development Department DATE APPROVED: By: Tom Hendel, Chat KIBS227343 P & Z Minutes: February 20. 1991 Page 20 of 20