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1991-04-17 Regular MeetingI. U. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - April 17, 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, April 17, 1991 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Tom Hendel, Chair Jon Aspgren Jody Hodgins Wayne Coleman Jon Hartt Robin Heinrichs Commissioners Absent: Bruce Barrett (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: COMMUNICATIONS A) Letter dated April 3, 1991 to Peter Olsen, Afognak Native Corporation, from Wade Wahrenbrock, DNR, Div. of Forestry, RE: modifications to the Forest Practice Notification of Operations for 1991. B) Letter dated April 9, 1991 to Randy and Charlene Chase from Bob Scholze, RE: Commercial Auto Body Shop in Residential District. C) Letter dated April 12, 1991 to William Rieth, DEC, from Gary Bloomquist, City Manager; RE: Connections to City of Kodiak Sanitary Sewer Collection System. D) Memorandum dated April 17, 1991 to City Mayor and City Council from Gary Bloomquist, RE: Water/Sewer Expansions. COMMISSIONER HODGINS MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. P & Z Minutes: April 17, 1991 KIBS221369 Page 1 of 12 IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HODGINS MOVED TO ACCEPT the minutes of the March 20, 1991 Planning and Zoning Commission regular meeting with one correction: The attest page be corrected to reflect TOM HENDEL as Chair, not ROBIN HEINRICHS. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. A) Case 91-012. Planning and Zoning Commission review of the possible rezoning of Lots 4, 5, 6, 7, 8, 9, and 11, Block 3, Lakeside Subdivision, which are located in the I --Industrial Zoning District and Lot 10, Block 3 Lakeside Subdivision, which is located in the PL--Public Use Land Zoning District, to a more appropriate zoning district. 2095 thru 2327 Selief Lane, and 443 Von Scheele Way. (Postponed from the March 20, 1991 Regular Meeting). DUANE DVORAK indicated no (0) public hearing notices were mailed for this case, since it had been postponed from the March 20, 1991 meeting. Staff recommended postponement of this request, based on correspondence received from the City of Kodiak. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO POSTPONE action on Case 91-012 for ninety (90) days regarding the Planning and Zoning Commission review of the possible rezoning of Lots 4, 5, 6, 7, 8, 9, and 11, Block 3, Lakeside Subdivision, which are located in the I --Industrial Zoning District and Lot 10, Block 3 Lakeside Subdivision, which is located in the PL--Public Use Land Zoning District, to a more appropriate zoning district; and reschedule the case for another public hearing at the regular Planning and Zoning Commission meeting on July 17, 1991. The reason for postponement is to allow the City of Kodiak time to submit an application for consideration by the Planning and Zoning Commission for the development of a jail facility/police station on City property in this area. The motion was seconded and CARRIED by unanimous roll call vote. B) CASE 91-014. Request for an exception from Section 17.13.020 (Permitted Uses) of the Borough Code to permit fireworks sales from about June 15, 1991 through July 10, 1991 on a lot in the P & Z Minutes: April 17, 1991 jaBS221369 Page 2 of 12 C-Conservation Zoning District. Portion of U.S. Survey 2539, generally known as the Kodiak State Fair and Rodeo site. DUANE DVORAK indicated that 10 public hearing notices were mailed for this case and none (0) were returned. At 4:55 p.m. on Wednesday, April 17, 1991 a petition was received in the Community Development Department Office signed by approximately 170 people expressing opposition to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Gary Reed appeared before the Commission and expressed opposition to this request. Karen Creelman appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT an exception from Section 17.13.020 (Permitted Uses) of the Borough Code to permit fireworks sales from about June 15, 1991 through July 10, 1991; subject to the conditions of approval contained in the staff memorandum dated April 3, 1991; and to adopt the findings contained in the staff memorandum dated April 3, 1991, as "Findings of Fact" for this case. The motion was seconded and FAILED by unanimous roll call vote. Adoption of Findings of Fact for this decision was postponed until the May 15, 1991 Planning and Zoning Commission regular meeting. C) CASE 91-015. Request for a variance from Section 17.18.050A (Yards) of the Borough Code to permit construction of a nine and one half by forty-eight (9 1/2 X 48) foot unenclosed deck onto the rear of an existing single-family dwelling which will project an additional four and one half (4 1/2) feet beyond the permitted five (5) foot projection allowed into the required ten (10) foot rear yard setback on a lot in the R2--Two-family Residential Zoning District. Lot 13C, U.S. Survey 3100; 3036 Spruce Cape Road. DUANE DVORAK indicated that 35 public hearing notices were mailed on April 3, 1991 for this case and one was returned stating non -objection to this request. Staff recommended denial of this request. COMMISSIONER HEINRICHS declared a possible conflict of interest. He stated that he drew the house plans for the applicant. CHAIR HENDEL determined that there would be no conflict of interest since the services had already been provided P & Z Minutes: April 17. 1991 BS22,1310 Page 3 of 12 and COMMISSIONER HEINRICHS had already received payment for his services. Regular Session Closed. Public Hearing Opened: Stanley Duncan, applicant, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARIT MOVED TO GRANT a variance from Section 17.19.040C (Yards) of the Borough Code to permit construction of a nine and one half by forty-eight (9 1/2 X 48) foot unenclosed deck addition onto the rear of an existing single- family dwelling which will project an additional four and one half (4 1/2) feet beyond the permitted five (5) foot projection allowed into the required ten (10) foot rear yard setback on a lot in the R2--Two-Family Residential Zoning District. The motion was seconded and CARRIED by a roll call vote of 5-1. COMMISSIONER COLEMAN voted no. Adoption of Findings of Fact for this decision was postponed until the May 15, 1991 Planning and Zoning Commission regular meeting. D) CASE 91-016. Request for an exception from 17.13.020 (Permitted Uses) of the Borough Code to permit the construction of new industrial and commercial warehouses, including outdoor storage, on a lot in the C--Conservation Zoning District. DUANE DVORAK indicated that 18 public hearing notices were mailed for this case and 0 were returned. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: George Rieth, agent, appeared before the Commission and expressed support for this request. Bob Brodie appeared before the Commission and expressed support for this request. Linda Freed read a letter from Doug Pengilly and Jean Dixon, which was given to her at the beginning of the meeting, expressing opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT a request for an exception from Section 17.13.020 (Permitted Uses) of the Borough Code to permit the construction of new industrial and commercial warehouses, including outdoor storage, on a lot in P & Z Minutes: April 17. 1991 KIBS227371 Page 4 of 12 the C--Conservation Zoning District; subject to the conditions of approval contained in the staff report dated April 3, 1991; and to adopt the findings contained in the staff report dated April 3, 1991 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The Bayside Fire Chief must approve a suitable water supply for the property before industrial and commercial warehouse structures are developed on Lot 1, Sawmill Subdivision. 2. The height restriction for warehouses constructed in reliance upon this exception shall not exceed fifty (50) feet in height. 3. The performance standards of the I --Industrial Zoning District are applicable to the activities and structures developed on Lot 1, Sawmill Subdivision in reliance upon this exception. 4. Bulk storage of flammable, explosive or chemical substances on Lot 1, Sawmill Subdivision is subject to approval by the Commission of a conditional use permit for said uses, consistent with the requirements of the I -- Industrial Zoning District. 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 not endanger the public's health, safety or general welfare provided that suitable conditions are required as part of this exception. Department files show no indication of harm to the public resulting from the historical use of the land for a sawmill, lumber mill and lumber storage yard. This type of activity constitutes an industrial land use, and has been occurring at this location for many years. Approval of an exception will permit additional but limited use of the land for industrial and commercial warehouse and outdoor storage use. The setback requirements of the C-- Conservation Zoning District will be applicable to all new development and will insure adequate separation of uses from future developments in the area. A fifty (50) foot height restriction, if approved by the Commission, will be required for new warehouses constructed as a result of this KIBS227372 P & Z Minutes: April 17, 1991 Page 5 of 12 exception. This is consistent with the B--Business Zoning District as the C--Conservation Zoning District does not address warehouse construction. Off-street parking will be calculated based on the applicable Borough Code. Water for fire suppression will be required, subject to the approval of the Bayside Fire Chief prior to issuance of building permits for any new commercial warehouse. A conditional use permit will be required for bulk storage of flammable, explosives or chemical substances, consistent with the requirement of the I --Industrial Zoning District. B. It appears that the proposed use will be consistent with the general purposes and intent of this title. The sawmill is a long established industrial land use at this location. The sawmill use was approved by the Commission in 1985 as a conditional use in the C--Conservation Zoning District (Case 85-067). Approval of a blanket exception, subject to appropriate conditions of approval, to permit the use of the land for industrial and commercial warehousing and outdoor storage would only allow two additional industrial uses to occur on the lot and would not would permit the whole range of commercial and industrial uses allowed in the I -- Industrial Zoning District. The Borough Code allows for exceptions if the proposed use is not a permitted use, when said use or uses can be implemented without negatively affecting neighboring properties. Business is the designated use for this lot according to the 1985 Monashka Bay Comprehensive Plan. Warehousing and outdoor storage, under suitable conditions, are consistent with this plan designation. The Commission will insure that any potential impacts of the development will be mitigated by requiring appropriate conditions of approval so that the proposed development will not affect existing and future developments in the area. C. There are sufficient setbacks and lot area for a sawmill and warehouse/storage activities on Lot 1, Sawmill Subdivision. The lot is three times the minimum lot size required and exceeds the minimum lot width by about 1000 feet. The setbacks of the C--Conservation Zoning District are sufficient to insure that other land uses are sufficiently separated from the use and structures proposed for this site. In addition, the lot has a platted fifty (50) foot greenbelt/buffer strip along Monashka Bay Road (Plat 84-46) to screen the proposed uses from the road. Conditions of approval to provide adequate water supply and the performance standards of the I --Industrial Zoning District will insure that the use of this property for P & Z Minutes: April 17, 1991 KIBS227373 Page 6 of 12 commercial and industrial warehousing and outdoor storage use will not adversely affect existing or future developments in the area. E) CASE 91-017. Request for a variance from Section 17.18.050A (Yards) of the Borough Code to permit a covered deck addition on the front of an existing single-family dwelling which will project no more than eight (8) feet into the required front yard setback for a lot in the Rl--Single-Family Residential Zoning District. DUANE DVORAK indicated that 52 public hearing notices were mailed for this case and 1 was returned in favor of this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Amado Aspiras appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT a variance from Section 17.18.050A (Yards) of the Borough Code to permit a covered deck addition on the front of an existing single-family dwelling which will project no more than eight (8) feet into the required front yard setback on a lot in the Rl--Single-Family Residential Zoning District; subject to the condition of approval contained in the staff report dated April 3, 1991; and to adopt the findings contained in the staff report dated April 3, 1991, as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITION OF APPROVAL 1. The roof extension permitted by variance in this case shall not be used to average a new front yard setback requirement for the main structures on adjacent lots 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 exceptional physical circumstances on the lot is the nonconforming placement of the existing structure on the lot where it is only about thirteen and one half feet (13 1/2) feet from the Thorsheim Street right- of-way. Due to this condition, construction of any roofed P & Z Minutes: April 17, 1991 KIBS227374 Page 7 of 12 or enclosed addition to the front of the existing single- family residence will require a variance. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships The strict application of the zoning ordinance would not allow the addition of a roof over the existing deck. This is a practical difficulty and unnecessary hardship when many other residences in Aleutian Homes Subdivision and surrounding subdivisions have arctic entries, and covered decks which similarly project into the front yard setback. The applicant seeks the variance for the roof extension over the deck which is permitted to project into the front yard setback as a minor structural development, per the administrative determination dated January 21, 1991. The deck projection is consistent with new regulations being developed by the Commission to address this type of development, however, the roof extension if permitted by variance should not be allowed to establish a new front yard setback average for adjacent lots. 3. The arantina 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 other residences in the area have arctic entries and covered decks that project into the required front yard setbacks. In addition, this covered deck addition does not reduce any existing off street parking on the lot. 4. The arantints of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for Medium Density Residential Development. The addition of a roof over an existing deck will not increase density or constitute a change from the permitted residential land use. 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, the actions of the applicant have caused the condition from which relief is being sought by variance. In making the applicant aware of the need for permits and the setback requirements involved, the enforcement officer determined that the applicant did not know of the necessity to obtain a variance before attempting this project. The enforcement officer feels however, that the KIBS227375 P & Z Minutes: April17, 1991 page 8 of 12 applicant would have requested a variance at the proper time had he known that it was necessary. 6. That the granting of the variance will not permit a prohibited land use in the district involved, Roof extensions and additions to single-family dwellings are permitted in the Rl--Single-Family Residential Zoning District. F) Case 891-006. Request for preliminary approval to vacate a reservation contained in the Patent for U.S. Survey 304, "a roadway sixty (60) feet in width, parallel to the shoreline, as nearly as may be practicable, for use of the public as a highway; and ingress and egress to the public on the waters of all streams, whether navigable or otherwise" on a lot in the C- Conservation Zoning District; Uyak Bay, Near Larsen Bay (Postponed from the March 20, 1991 regular meeting). DUANE DVORAK indicated public 10 hearing notices were mailed for this case in April and none were returned. Staff recommended denial of this request, unless the applicant was agreeable to another postponement, pending their submittal of further information supporting their request. Regular Session Closed. Public Hearing Opened: Andy Cristaldi, agent, presented the Commission with photographs and supporting documentation on the history of the land in the old Uyak townsite in support of this request. Leon Francisco, property owner, appeared before the Commission and expressed support for this request. DeWitt Fields, property owner, appeared before the Commission and expressed support for this request. Pete Danelski appeared before the Commission and expressed support for this request. Mike Rasmussen appeared before the Commission and expressed support for this request. Scott Arndt appeared before the Commission and expressed support for this request. Gabe McKilly, representative of Uyak Native Corporation, presented the Commission with information showing right-of- way designation for both lots bordering the subject lot, and expressed opposition to this request. George Rieth appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. P & Z Minutes: April 17, 1991 KIBS227376 page 9 of 12 There was some discussion concerning specific questions the Commission wanted answered before they could make a decision on the request. CHAIR HENDEL asked the applicants if they wanted a decision at this time or if they would be willing to postpone the decision until a future meeting when the information requested could be submitted to the Commission. The applicants conferred, and agreed a postponement would be acceptable. COMMISSIONER HEINRICHS MOVED TO POSTPONE action on a request for preliminary approval to vacate a reservation contained in the Patent for U.S. Survey 304, "a roadway sixty (60) feet in width, parallel to the shoreline, as nearly as may be practicable, for use of the public as a highway; and ingress and egress to the public on the waters of all streams, whether navigable or otherwise.", and schedule the case as a public hearing item at the October 1991 Planning and Zoning Commission regular meeting, pending the applicants and staffs attempt to provide answers to the following questions: 1. What is the affect of the statehood act and any reservation included in the act on the subject property; 2. What is the relationship of the access (roadway) easement to the water easement on the subject property; 3. Evidence of accessibility to and from the beach; 4. What is the location of the easement (i.e., does the easement move with the shoreline); 5. What is the status of the right-of-way designation that may occur on adjacent parcels; and 6. What is the impact of ANSCA as it relates to access reservations on adjacent property? The motion was seconded and CARRIED by unanimous roll call vote. G) CASE 891-013. Request for subdivision of Lots 1 and 5, Block 2, and Lots 1 and 2, Block 4, Kadiak Alaska Subdivision, First Addition: 3084, 3181, 3218, 3319 Sharatin Road. DUANE DVORAK indicated that 67 public hearing notices were mailed for this case and 2 were returned, stating non -objection to this request. LINDA FREED recommended postponement of this request until the May 15, 1991 regular meeting, pending further reveiw of alternative subdivision plans at a Planning and Zoning Commission work session. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. P & Z Minutes: April 17, 1991 KIBS227377 Page 10 of 12 Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO POSTPONE action on Case S91-013, and to reschedule it for another public hearing at the May 15, 1991 regular meeting, pending further reveiw of alternative subdivision plans at a Planning and Zoning Commission work session. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) CASE S90-038. Review of final plat by the Planning and Zoning Commission of the subdivision of Lot IA, Block 1, Tract M, U.S. Survey 3218, creating Lots IAl and 1A2, Block 1, Tract M, U.S. Survey 3218. COMMISSIONER HODGINS MOVED TO GRANT approval of the ten (10) foot electrical utility easement, as shown on the revised plat for Case S90-038, to connect the KEA transformers located on Lots IA-1 and IA-2, Block 1, Tract M, U.S. Survey 3218. The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS There was some discussion on Communication Item C, concerning connections to the City water/sewer treatment system. Staff was asked to draft a letter to the City from the Assembly with a copy to the City of Kodiak, asking for policy direction on the issue from the Assembly, and also asking that the Assembly request a clarification from the City on what they expect from the Planning and Zoning Commission and Assembly. COMMISSIONER HEINRICHS MOVED TO ACKNOWLEDGE RECEIPT of items A through D 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, February, 1991. P & Z Minutes: April 17, 1991 KIBS227378 Page 11 of 12 B) Community Development Department Plat Activity Report. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XM. ADJOURNMENT CHAIR HENDEL adjourned the meeting at 10:50. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By;-* qr Tom Hendel, Chair ATTEST By: Eileen Probasco, Secretary Community Development Department DATE APPROVED: P & Z Minutes: April 17, 1991 KIBS227379 Page 12 of 12