1991-05-15 Regular Meeting( KODIAK ISLAND BOROUGH
I PLANNING AND ZONING COMMISSION
REGULAR MEETING - MAY 15, 1991
MINUTES
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was
called to order at 7:35 p.m. by Chair Tom Hendel on May 15, 1991 in
the Borough Assembly Chambers.
II. 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.
III. APPROVAL OF AGENDA
Others Present:
Duane Dvorak, Associate Planner
Community Development Dept.
Eileen Probasco, Secretary
Community Development Dept.
Staff reported the following additions/deletions to the agenda:
DELETIONS:
VI PUBLIC HEARINGS
lD) CASE: 91-021
APPLICANT: James N. McCullough KIES227389
P & Z Minutes: May 15, 1991 Page I of 32
REQUEST: A variance from Section 17.17.05013 (Yards)
of the Borough Code to permit a 28' X 44'
garage/workshop (two stories) which will
encroach five (5) feet into the required fifteen
foot side yard setback on a residential lot.
LOCATION: Lot 10, Block 1, Mt. View Subdivision, Second
Addition. (1769 Three Sisters Way)
ZONING: RR1--Rural Residential One
E) CASE:
91-022
APPLICANT:
All Alaskan Seafoods
AGENT:
Gary Taylor/Mitch Kilborn
REQUEST:
A variance from Section 17.57.040 (Off -Street
Parking, Number of Spaces Required) of the
Borough Code to permit a 68' X 120' two-
story fish processing and warehouse addition
to be constructed on the front of an existing
office and storage building where none of the
additional twenty-three (23) off-street parking
spaces required will be provided on an
industrial lot.
LOCATION:
City Tidelands, Tract N-27A/Lot 7, Block 18,
New Kodiak Subdivision (103 Marine Way)
ZONING:
I --Industrial
ADDITIONS:
IX COMMUNICATIONS
G) Letter to Darren Byler from Bob Scholze, dated April 24, 1991;
RE: Illegal Accessory Buildings/Setback Encroachment, Lot 2,
Tract B, U.S. Survey 1678 (2241 Forest Drive).
H) Letter to Michael and Patricia Serwold from Bob Scholze, dated
April 24, 1991; RE: Auto Salvage Yard, Lot El -A, U.S. Survey
3218 (3248 Mill Bay Road).
I) Letter to Tom Hendel, PZC Chair, from Gary Bloomquist, City
Manager, dated April 29, 1991; RE: Connections to City of
Kodiak Sanitary Sewer Collection System.
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J) Letter to Gary Bloomquist from Jerome Selby dated May 7,
1991; RE: Sewer treatment plant capacity issue meeting on
May 3, 1991.
K) Article from Western Planner, March/April 1991; RE: Tips on
Conducting Public Hearings.
L) Letter to Robin Heinrichs from Glenn Akins, America North,
Inc., dated May 1, 1991, RE: ANI's regulatory assistance
services.
M) Letter to Bob Scholze from Mike Pagano, Leisnoi, Inc. RE: Bus
used as illegal dwelling at Twin Creeks, Chiniak.
N) Letter to James A. Crane and Logan Porter -Crane from Gaye
Vaughan, Borough Clerk, RE: Board of Adjustment review of
Planning and Zoning Commission Case 91-006.
r L O) Letter to Jack McFarland from Marcella Dalke, dated May 9, 1991, RE: City Attorney's legal opinion regarding the
moritorium on hookups to city water and sewer.
P) Letter to Gary Bloomquist from Ray Camardella dated May 10,
1991, RE: Monashka Bay Water & Wastewater Facilities Plan
prepared by HDR Engineering, Inc.
Q) Letter to Charles & Rosemary Davidson from Bob Scholze,
dated May 10, 1991, RE: Storage of building materials in right-
of-way, 1802 Marmot Drive.
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
A draft of the minutes from the April 17, 1991 P&Z Regular Meeting
was not ready to be presented to the Commission until the May 15
regular meeting, therefore the following action was taken:
COMMISSIONER HODGINS MOVED TO POSTPONE ACCEPTANCE
of the minutes of the April 17, 1991 Planning and Zoning
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P & Z Minutes: May 15, 1991 Page 3 of 32
r Commission regular meeting as presented, until they could be
Ireviewed. The motion was seconded and CARRIED by unanimous
voice vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
Scott Arndt appeared before the Commission to respond to citizen
comments contained in packet materials, and to answer any
questions.
A) Case S85-016. Sixth (6th) request for a one (1) year extension
of the preliminary plat approval period (to May 15, 1992) of the
subdivision of Parcel P, U.S. Survey 3218, and Lot 1, Block 2,
Miller Point Alaska Subdivision, First Addition. (Intersection of
Island Lake Road and Balika Lane).
COMMISSIONER HARTT MOVED TO GRANT approval of a
sixth (6th) request for a one (1) year extension of the
preliminary plat approval period (to May 15, 1992) of the
subdivision of Parcel P, U.S. Survey 3218, and Lot 1, Block 2,
Miller Point Alaska Subdivision, First Addition. (Intersection of
ll Island Lake Road and Balika Lane).
The motion was seconded and CARRIED by unanimous roll
call vote.
B) Case 87-068. Request for a three (3) year extension (to May
1994) of a previously approval conditional use permit to permit
commercial mining activities. Sitkinak Island.
COMMISSIONER HODGINS MOVED TO GRANT a request for
a three (3) year extension (to May 1994) of a previously
approval conditional use permit to permit commercial mining
activities. Sitkinak Island.
The motion was seconded and CARRIED by unanimous roll
call vote.
C) Case S89-004. Request for a one (1) year extension of the
vacation and replat of Lots 4A, 4B, 513, 13A, 15 and 16, Block
8, Leite Addition. (1514-1518 Kouskov Street).
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COMMISSIONER HODGINS MOVED TO GRANT a one (1) year
extension of preliminary approval of the vacation of Lots 4A,
4B, 5B, 13A, 15 and 16, Block 8, Leite Addition, and replat to
Lots 13A1 and 15A for one (1) year, (until May 15, 1992); and
to confirm the original conditions of approval for Case 589-004.
The motion was seconded and CARRIED by unanimous roll
call vote.
D) Case 84-002 Request for a twenty (20) month extension of a
condition of approval on a previously approved exception
which permitted a temporary storage warehouse in a R1--
Single-family Residential Zoning District, (2756 Spruce Cape
Road).
COMMISSIONER HEINRICHS MOVED TO GRANT approval of
a request for a twenty (20) month extension (until December 1,
1992) of a condition of approval on a previously approved
exception which permitted a temporary storage warehouse in a
R 1 --Single-family Residential Zoning District.
The motion was seconded and CARRIED by unanimous roll
call vote.
COMMISSIONER HEINRICHS MOVED TO GRANT NO
FURTHER EXTENSIONS to this case due to the fact that at
the end of this extension, the landowner will have had eight
years to bring the property into compliance.
The motion was seconded and CARRIED by unanimous roll
call vote.
E) Case 91-028. Request for a determination by the Planning and
Zoning Commission in accordance with Section 17.36.050C
(Non -conforming uses of Structures) of the Borough Code that
the use of a 30' X 50' non -conforming commercial warehouse
on the property can appropriately be changed from
warehouse/storage to storage/pot fabrication, (3497 Spruce
Cape Road).
COMMISSIONER HODGINS MOVED TO FIND, in accordance
with Section 17.36.050C of the Borough Code, that the use of a
structure for warehouse/storage and incidental fishing gear
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r repairs is equal to or a more appropriate non -conforming use of
I the structure than warehouse/storage alone on a lot in the R2--
Two-Family Residential Zoning District, Lot 5, U.S. Survey
3101, subject to the condition contained in the staff report
dated May 1, 1991; and to adopt the finding contained in the
staff report dated May 1, 1991 as "Findings of Fact" for this
case.
FINDING OF FACT
1. Incidental repairs to fishing gear, provided it does not
involve actual fabrication of fishing gear, and provided it
does not result in outdoor storage of said gear on Lot 5,
U.S. Survey 3101, is as appropriate a part of the
warehouse/storage uses as warehouse/storage alone.
CONDITION OF APPROVAL
1. Incidental fishing gear repairs to lines, nets, webbing,
etc. prior to being placed into storage, or hauled out from
storage, shall not result in outside storage of fishing gear.
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 91-018. Request for an exception in accordance with
Section 17.03.060A (Zoning Compliance) of the Borough Code
to permit the fill of a residential lot to road level for future
development. Lot 1, Block 9, Miller Point Alaska Subdivision,
First Addition (3341 Anton Way).
DUANE DVORAK indicated 30 public hearing notices were
mailed for this case and 3 were returned, stating non -objection
to this request. Staff recommended approval of this request,
subject to conditions.
Regular Session Closed.
Public Hearing Opened:
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Michael Anderson, applicant, appeared before the Commission
Iand expressed support for this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT a request
for an exception from Section 17.03.060A (Zoning Compliance)
of the Borough Code to permit the fill of a residential lot to road
level for future development; subject to the following conditions
of approval; and to adopt the findings contained in the staff
report dated May 7, 1991 as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Fill design is to be engineered according to applicable
Borough Codes.
2. Remove all fill materials which are not permitted by the
engineered fill plan.
3. Record an as -built drawing of the completed fill plan.
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 if modifications to
the grading plan suggested by the Borough
Facilities and Engineering Department are
incorporated into a revised grading plan and if all
unsuitable fill is removed from the site.
B. Filling a residential lot, provided the applicable
Irequirements of the Uniform Building Code are
met, and no other applicable Federal, State or
Local regulations are violated, is consistent with
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the general purposes and intent of Title 17 (Zoning)
of the Borough Code.
C. The fill and regrading of Lot 1, Block 9, Miller Point
Alaska Subdivision First Addition, if it meets the
requirements of the applicable Uniform Building
Code requirements, will not adversely affect other
properties in the neighborhood. The Uniform
Building Code establishes setbacks from property
lines and slope requirements that assure fill
activities will not affect neighboring properties.
Plan modifications suggested by the Borough
Engineering and Facilities Department regarding
drainage on the lot and suggested removal of
unsuitable fill material will insure that potential
off -site impacts are mitigated and the fill operations
will result in a lot (or lots) that are better suited for
residential development.
The motion was seconded and CARRIED by unanimous roll
call vote.
B) Case 91-019. Request for a variance from Section 17.19.040C
(Yards) of the Borough Code to permit a 22' X 24' accessory
building to encroach no more than five (5) feet into the required
ten (10) foot rear yard setback on a residential lot. Lot 35,
Block 11, Woodland Acres Subdivision, 7th Addition (3406
Puffin Drive).
COMMISSIONERS HENDELL and HEINRICHS both expressed a
possible conflict of interest because they own lots bordering
that of the applicant, and because COMMISSIONER
HEINRICHS drew the house plans for the applicant. After
discussion, the Commission determined there would be no
conflict of interest, and that a fair determination could be
made.
DUANE DVORAK indicated 29 public hearing notices were
mailed for this case and one was returned stating non -objection
to this request. Staff recommended denial of this request.
Regular Session Closed.
Public Hearing Opened:
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Franke Brown, applicant, appeared before the Commission and
expressed support for this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT a variance
from Section 17.19.040C (Yards) of the Borough Code to permit
a 22 X 24 foot accessory building to encroach no more than
five (5) feet into the required ten (10) foot rear yard setback on
Lot 35, Block 11, Woodland Acres 7th Addition.
The motion was seconded.
COMMISSIONER HODGINS MOVED TO AMEND THE MAIN
MOTION to include the following condition of approval:
1. The accessory building shall remain separate from the
main structure and not be connected to it in any way.
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.
Findings of Fact for the case were deferred until the June 1991
Regular Meeting.
C) Case 91-020. Request for a variance from Section 17.17.050A
(Yards) of the Borough Code to permit an eight by sixteen (8 X
16) foot addition to the side of an existing single family
dwelling that will encroach about sixteen (16) feet into the
required 25 foot front yard setback on a residential lot. Lot 9,
Block 4, Mt. View Subdivision, Second Addition (1948 Marmot
Drive)
DUANE DVORAK indicated 32 public hearing notices were
mailed for this case and one was returned stating non -objection
to this request. Staff recommended approval of this request.
Regular Session Closed.
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Public Hearing Opened:
IWilliam Endresen appeared before the Commission and
expressed support for this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER ASPGREN MOVED TO GRANT a request for
a variance from Section 17.17.050A (yards) of the Borough
Code to permit a eight by sixteen (8 X 16) foot addition to an
existing single family dwelling which will encroach no more
than sixteen (16) feet into the required twenty-five (25) foot
front yard setback in a RR1--Rural Residential Zoning District
on Lot 9, Block 4, Mt. View 2nd Addition; and to adopt the
findings contained in the staff report dated May 6, 1991 as
"Findings of Fact" for this case.
FINDINGS OF FACT
I1. Exceptional physical circumstances or conditions
t applicable to the property or intended use of
development, which generally do not apply to other
properties in the same land use district.
The exceptional physical conditions on the lot are the
slopes and the placement of the original house as a
nonconforming structure almost entirely within the front -
yard setback. As noted above, virtually any expansion in
size of the original house would require a variance.
2. Strict application of the zoning ordinances would result
in practical difficulties or unnecessary hardships.
Due to the exceptional conditions on the lot noted above,
denial of the variance would constitute a practical
difficulty and unnecessary hardship to the property
owner. The resulting encroachment, of the proposed
addition will not exceed the existing encroachment.
3. The granting of the variance will not result in material
damages or prejudice to other properties in the vicinity
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C nor be detrimental to the public's health. safety and
welfare.
Granting this variance to allow an encroachment of the
front -yard setback will not result in material damages or
prejudice to other properties in the vicinity. Due to the
large lot size required in this zoning district and the
small scale of the addition, more than adequate
separation of structures will remain if the variance is
granted. The variance will not be detrimental to the
public's health, safety or general welfare since all
construction standards of the Uniform Building Code will
be met as part of the construction permit process.
4. The granting 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 Large Lot, Low Density Residential
Development. The addition will not increase the existing
density or alter the permitted land uses.
5. That actions of the applicant did not cause special
conditions or financial hardship from which relief is
being sought by the variance.
In this case, actions of the applicant have not caused the
conditions for which relief is being sought by variance.
(Although construction was initiated it was discontinued
upon issuance of a stop -work order from the Building
official.) The Commission will decide this variance
request before any further action is taken by the
applicant.
6. That the granting of the variance will not permit a
prohibited land use in the district involved
Additions to single-family residences are permitted land
use in the R1--Single-Family Residential Zoning District.
The motion was seconded and CARRIED by a roll call vote of
6-1. COMMISSIONER BARRETT voted no.
P & Z Minutes: May 15, 1991 KIBS227399 Page 11 of 32
D) Case 91-021. Request for a variance from Section 17.17.050B
(Yards) of the Borough Code to permit a 28' X 44'
garage/workshop (two stories) which will encroach five (5) feet
into the required fifteen foot side yard setback on a lot in the
RR1--Rural Residential One Zoning District. Lot 10, Block 1,
Mt. View Subdivision, Second Addition (1769 Three Sisters
Way).
This case was withdrawn by the applicant after it was
determined that the proposed construction would not encroach
into the setbacks as originally believed. See Agenda
Additions/Deletions, above.
E) Case 91-022. Request for a variance from Section 17.57.040
(Off -Street Parking, Number of Spaces Required) of the Borough
Code to permit a 68' X 120' two-story fish processing and
warehouse addition to be constructed on the front of an
existing office and storage building where none of the
additional twenty-three (23) off-street parking spaces required
will be provided on an industrial lot. City Tidelands, Tract N-
27A/Lot 7, Block 18, New Kodiak Subdivision (103 Marine
Way).
This case was withdrawn by the applicant after they were able
to designate adequate parking on the adjacent lot for the
proposed addition to the existing structure. See Agenda
Additions/Deletions, above.
F) Case 91-023. Request for a variance from Section 17.18.050B
(Yards) of the Borough Code to permit a 24' X 26' addition to
the rear of an existing single family residence which will
encroach no more than one foot into the required five (5) foot
side yard setback on a residential lot. Lot 5, Ocean View
Subdivision (1312 Mission Road).
DUANE DVORAK indicated 59 public hearing notices were
mailed for this case and two were returned, stating non -
objection to this request. Staff recommended postponement of
this case, due to the fact that the proposed development
exceeds the request that was published in the Planning and
Zoning Commission Agenda and related public hearing notices,
I C _ .iry 1 Till
P & Z Minutes: May 15, 1991 Page 12 of 32
and that this request must be readvertised before the
ICommission can act upon it.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER BARRETT MOVED TO POSTPONE ACTION
on Case 91-023 until the June 19, 1991 Planning and Zoning
Commission regular meeting pending readvertisement of the
public hearing, reflecting the revised request.
The motion was seconded and CARRIED by unanimous roll
call vote.
G) Case 91-024, Request for a conditional use permit in
accordance with Section 17.21.030E (Conditional Uses) of the
Borough Code to permit a 60' X 160' warehouse on a
commercial lot, and to review a screening plan consisting of a
twenty (20) foot buffer strip/greenbelt between the warehouse
and residential lots adjoining the commercial/
industrial/residential lot. Tract S1, U.S. Survey 3218 (173
Island Lake Road).
DUANE DVORAK indicated 45 public hearing notices were
mailed and none (0) were returned. Staff recommended
approval of this request, subject to conditions.
Regular Session Closed.
Public Hearing Opened:
Barry Still, representative, appeared before the Commission to
answer questions and to express support for this request.
Robert Wurm appeared before the Commission to ask for
clarification, and to express support for this request subject to
conditions.
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Beth Fields appeared before the Commission and expressed
I concerns about traffic in the area, access to the warehouse and
the proposed buffer zone.
Roxanne Duncan appeared before the Commission and
expressed concerns about the proposed buffer zone and the
possibility of bright lights from the warehouse area.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT a
conditional use permit in accordance with Section 17.21.030E
(Conditional Uses) of the Borough Code to permit a 60' X 160'
warehouse on Tract S-1, U.S. Survey 3218, subject to the
conditions of approval contained in the staff report dated May
2, 1991, and to adopt the findings contained in the staff report
dated May 2, 1991 as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL - C.U.P.
1. Conditional uses listed under Section 17.24.020
(Conditional Uses) of the I --Industrial Zoning District of
the Borough Code are specifically prohibited unless an
exception has been requested from and approved by the
Planning and Zoning Commission.
2. Traffic access to proposed Lot S1-B will be limited to the
corner of the lot closest to the intersection of Cove Drive
and Island Lake Road.
FINDINGS OF FACT - C.U.P.
1. That the conditional use will preserve the value spirit
character and integrity of the surrounding area
It appears that the proposed use will preserve the value,
spirit, character, and integrity of the surrounding area. A
sixty by one -hundred sixty (60 x 160) foot warehouse
building on a 47,366 square foot lot will not be
detrimental to the surrounding properties if appropriate
conditions of approval are required to address the
screening, traffic and zoning concerns related to this lot.
P & Z Minutes: May 15, 1991 KIBS227402 Page 14 of 32
( Staff notes that the existing outdoor storage is probably
Imore detrimental than the proposed new warehouse.
The new warehouse, if it is used to get some of the
existing outdoor storage in the community indoors,
would be an amenity to the whole area.
The use of this property for a warehouse use will not be
detrimental to the future development of this area. This
is evidenced by the existing commercial/industrial use
already located on the site.
2. That the conditional use fulfills all other requirements of
this chapter Dertaining to the conditional use in question
Based on a review of the site plan, the proposed
warehouse will fulfill all other requirements of the B--
Business Zoning District such as height of structure, off-
street parking, etc. Adherence to the applicable
performance standards (Section 17.21.050) of the B--
Business Zoning District during the zoning compliance
f and building permit processes will insure that this
t conditional use fulfills other requirements of the district
concerning ground cover and lighting issues.
3. That granting the conditional use permit will not be
harmful to the public healthsafety convenience and
comfort.
Granting of the conditional use permit for a warehouse
will not be harmful to the public health, safety,
convenience or comfort. Adherence to the Uniform
Building Code and Uniform Fire Code regulations for
commercial building construction will ensure protection
of the public health and safety. In addition, because a
warehouse is classified by the Code as a "permitted"
industrial land use, it should clear that other industrial
land uses are not permitted by this conditional use
permit when the warehouse is located in a B--Business
Zoning District. The warehouse in this case is intended
for permitted business uses only, industrial land uses
would only be allowed upon the review and approval of
an exception by the Planning and Zoning Commission.
Staff recommends a condition of approval to make this
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( point clear, and to act as a reminder to staff when future
I zoning compliance permits are being reviewed.
It can be argued that a warehouse can potentially detract
from the public convenience and comfort if there are
residential land uses in the vicinity. In this case there
are residential uses on one side of the subject property
and also across the street. Potential traffic impacts will
be mitigated to the extent feasible by a condition to
divert traffic from entering Shahatka Acres Subdivision.
4. That sufficient setbacks lot area buffers or other
safeguards are being provided to meet the conditions
listed in subsections A through C of this section.
The 47,366 square foot site contains sufficient lot area for
the proposed use, off-street parking, and will be buffered
from adjoining residential uses by the screening plan that
is determined by the Planning and Zoning Commission
r to be sufficient for that purpose.
LThe motion was seconded and CARRIED by unanimous roll
call vote.
COMMISSIONER HEINRICHS MOVED TO APPROVE a
screening plan consisting of a twenty (20) foot buffer strip
along the front and side lot line of proposed Lot S1-B, U.S.
Survey 3218, augmented by the provision and maintenance of
at least six (6) feet (above finish grade) of sight obscuring fence,
earthen berm, vegetation or combination thereof, as suitable
"screening" to separate a conditionally permitted commercial
warehouse from neighboring residential land uses, zones and
trafficways, in accordance with Section 17.21.050 (Performance
Standards) of the Borough Code and to adopt the finding
contained in the staff report dated May 2, 1991 as a "Finding of
Fact" for this case.
FINDINGS OF FACT - SCREENING PLAN
1. A twenty (20) foot buffer strip (as defined in the staff
report dated May 2, 1991 for this case) augmented by
sight obscuring fencing, earth berms, vegetation or
combinations thereof to a height of six (6) feet, will be
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adequate to "screen" a commercial warehouse from
Ineighboring residential uses, zones and trafficways,
thereby preventing adverse impacts to the surrounding
area.
The motion was seconded and CARRIED by unanimous roll
call vote.
H) Case 91-025. Request for a variance from Section 17.18.050C
(Yards) of the Borough Code to permit a 12' X 12' accessory
building which will encroach no more than 4 1/2 feet into the
required 10 foot rear yard setback on a residential lot. Lots 13
and 14, Block 43, East Addition (1320 Baranof Street)
DUANE DVORAK indicated 41 public hearing notices were
mailed for this case and none (0) were returned. Staff
recommended denial of this request.
Regular Session Closed.
Public Hearing Opened:
l Jeff Stephan, applicant, appeared before the Commission and
expressed support for this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT a variance
from Section 17.18.050C (Yards) of the Borough Code to permit
construction of an accessory building which has a projected
roof area of 120 feet or less, which can be built up to the rear
property line, on Lots 13 and 14, Block 43 East Addition.
The motion was seconded and CARRIED by a vote of 5 - 2.
COMMISSIONERS HENDEL and BARRETT voted no.
* See COMMISSIONERS COMMENTS, ITEM XII-A for
further action on this case.
I) Case 91-026. Request for a variance from Section 17.18.050A-
(Yards) of the Borough Code to permit the enclosure of a 5' X 8'
deck addition on the front of an existing single-family dwelling,
which will encroach no more than seven (7) feet into the
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required 21 1/4 foot front yard setback (based on the average
setback of the main structures on adjacent lots) on a residential
lot. Lot 53, Block 9, Aleutian Homes Subdivision (213 Birch).
DUANE DVORAK indicated 79 public
mailed for this case and none (0)
recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
hearing notices were
were returned. Staff
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 six (6) feet into the
required front yard setback on a lot in the R1--Single-Family
Residential zoning District; subject to the condition of approval
contained in the staff report dated May 2, 1991; and to adopt
the findings contained in the staff report dated May 2, 1991 as
"Findings of Fact" for this case.
CONDITION OF APPROVAL
1. The enclosed arctic entry 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 pro e�rty 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 are the nonconforming lot size of 5,180 square
feet and the nonconforming placement of the existing
KIBS227406
P & Z Minutes: May 15, 1991 Page 18 of 32
j structure on the lot where it is only about nineteen (19)
Ifeet average from the Birch Street right-of-way. Due to
this condition, construction of any roofed 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 enclosure of the existing deck to create an
arctic entry. 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
arctic entry projection is consistent with new regulations
being developed by the Commission to address this type
of development, however, if permitted by variance, the
arctic entry should not be allowed to establish a new
front yard setback average for adjacent lots.
3. The granting of the variance will not result in material
damages or prejudice to other properties in the vicinity
nor be detrimental to the public's healthsafety 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 granting 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 enclosure of an existing deck to make an arctic entry
KIBS227407
P & Z Minutes: May 15, 1991 Page 19 of 32
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 not caused
the condition from which relief is being sought by
variance. The Commission will decide this variance
request before any action is taken by the applicant.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
Enclosed extensions and
dwellings are permitted
Residential Zoning District.
additions to single-family
in the R1--Single-Family
The motion was seconded and CARRIED by unanimous roll
call vote.
J) Case 91-027. Request for a variance from Section 17.13.040
(Area Requirements) of the Borough Code to permit five (5)
subdivisions, creating two to four (2-4) acre parcels of land
which will not meet the five (5) acre minimum lot area required
for residential lots. Parcel Numbers 123, 413, 414, 622, 710;
Generally located in the vicinity of Uyak Bay, Larsen Bay and
Zachar Bay.
DUANE DVORAK indicated eight (8) public hearing notices
were mailed and two (2) were returned, one in favor and one
opposing this request. Staff recommended approval of this
request, subject to conditions.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
KIBS227409
P & Z Minutes: May 15, 1991 Page 20 of 32
COMMISSIONER HARTT MOVED TO GRANT a variance from
Section 17.13.040 (Area Requirements) of the Borough Code to
permit five (5) subdivisions, creating two to four (2-4) acre
parcels of land which will not meet the five (5) acre minimum
lot area required for residential lots; and to adopt the findings
contained in the staff report dated May 7, 1991, as "Findings of
Fact" for this case.
The motion was seconded and FAILED by a vote of 2 - 5.
COMMISSIONERS HARTT and HENDEL voted yes.
* See COMMISSIONERS COMMENTS, ITEM XII-B for
further action on this case.
K) Case S91-013. 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 67 public hearing notices were
mailed for this case and two were returned in favor of this
request. Staff recommended approval of this request, subject
to conditions.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER ASPGREN MOVED TO GRANT preliminary
approval of the subdivision of Lots 1 and 5, Block 2, and Lots 1
and 2, Block 4, Kadiak Alaska Subdivision, First Addition;
subject to the conditions of approval contained in the staff
report dated May 2, 1991; and to adopt the findings contained
in the staff report dated May 2, 1991 as "Findings of Fact" for
this case.
CONDITIONS OF APPROVAL
1. If the subdivider plats Wilton White Drive as a private
road, place a note on the final plat similar to the
following:
KIBS227409
P & Z Minutes: May 15, 1991 Page 21 of 32
"Lot 21 (Wilton White Drive, a private road easement) is
specifically reserved for the use of Lots 1 through 10,
Block 1, Perez Estates Subdivision."
If the subdivider proposes platting of flag stem lots the
following notes may also be applicable:
"Front yard setbacks for Lots 9 and 10 (or whatever has
lots designated) will be calculated from the edge of the
fifty (50) foot road right-of-way easement, if platted, or
from the interior lot line shared with the lot next to the
flag stem."
"Further subdivision of Lot 10 (or whatever single flag
stem lots are platted) is prohibited."
2. Obtain approval of an engineered drainage plan from the
Borough Engineering and Facilities Department for those
lots affected by wetlands and provide an analysis of
downstream effects of increased runoff, prior to final plat
approval.
3. Dedicate additional areas within the subdivision for the
placement of dumpsters and mailboxes subject to review
and approval of the Borough Engineering and Facilities
Department.
4. Plat a five (5) foot electrical utility easement along the
right-of-way (or private road easement) frontage of all lots
created by this subdivision, or plat a ten (10) foot
electrical utility easement along the rear lot lines of all
lots created by this subdivision, or such other easements
as the subdivider and KEA mutually agree on.
5. Obtain a determination from the U.S. Army Corps of
Engineers for Lots 1, 2, and 10, Block 3, Perez Estates
Subdivision, showing that the lots are developable
subject to applicable individual or nationwide permit
authority.
6. Conceptual approval of the minimum easements
necessary to provide water service from Lot 7 to Lots 6
KIBS227410
P & Z Minutes: May 15, 1991 Page 22 of 32
and 8 is approved by the Commission to accommodate
Ithe existing water and sewer lines should the subdivider
wish to relocate Wilton White Drive.
7. If the Subdivider favors the design of Lot 10 (or whatever
other designations may be developed) as a flag lot, a fifty
(50) foot road right-of-way easement can be platted to
correspond with the Wilton White Drive private road to
provide for future through access.
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.
The motion was seconded.
COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN
MOTION to require that the applicant be sent a copy of the
letter dated April 13, 1991 from the City of Kodiak to the
Department of Environmental Conservation concerning
connections to City of Kodiak Sanitary Sewer Collection
System.
The AMENDMENT was seconded and CARRIED by
unanimous voice vote.
The question was called and the MAIN MOTION AS
AMENDED CARRIED by unanimous roll call vote.
L) Case S91-014. Request for a vacation of a ten (10) foot
pedestrian access easement along each side of the lot line
between Lots 6A and 6C (20 feet total width) and serving Lot
6B, all in Block 1, Miller Point Alaska Subdivision, Second
Addition (4022 and 4044 Cliffside Road).
P & Z Minutes: May 15, 1991 KIBS227411 Page 23 of 32
DUANE DVORAK indicated 15 public hearing notices were
mailed for this case and none (0) were returned. Staff
recommended approval of this request, subject to conditions.
Regular Session Closed.
Public Hearing Opened:
Scott Thompson appeared before the Commission and
expressed support for this request.
Public Hearing Closed,
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT conceptual
approval of the vacation of a ten (10) foot pedestrian access
easement along each side of the lot line between Lots 6A and
6C (20 feet total width), serving Lot 613, all in Miller Point
Alaska Subdivision, Second Addition, and to grant preliminary
approval to a plat of the above referenced request; subject to
the condition of approval contained in the staff report dated
May 7, 1991, and to adopt the findings contained in the staff
report dated May 7, 1991 as "Findings of Fact" for this case.
CONDITION OF APPROVAL
1. Approval of the vacation is subject to Assembly review
within thirty days of conceptual approval by the Planning
and Zoning Commission.
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.
KIBS227412
P & Z Minutes: May 15, 1991 Page 24 of 32
The motion was seconded and CARRIED by unanimous roll
Icall vote.
M) Case S91-016 Request for the subdivision of Tract S1, U.S.
Survey 3218, creating Lots S1A and SIB, U.S. Survey 3218.
173 Island Lake Road.
DUANE DVORAK indicated 45 public hearing notices were
mailed for this case and none (0) were returned. Staff
recommended approval of this request, subject to conditions.
Regular Session Closed.
Public Hearing Opened:
Barry Still, agent, appeared before the Commission to answer
questions and to express support for this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER ASPGREN MOVED TO GRANT preliminary
approval of the subdivision of Tract S1, U.S. Survey 3218,
creating Lots S1-A and S1-B, U.S. Survey 3218; subject to the
condition of approval contained in the staff report dated May 7,
1991; and to adopt the findings contained in the staff report
dated May 7, 1991 as "Findings of Fact" for this case.
CONDITION OF APPROVAL
1. No further subdivision of Lots S1-A and Sl-B, U.S.
Survey 3218, is permitted until each lot has been rezoned
to a single, appropriate zoning district.
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.
P & Z Minutes: May 15, 1991 KIBS227413 Pa
ge 25 of 32
3. This plat is generally consistent with adopted Borough
Iplans and provides a subdivision of land that supports
those plans.
The motion was seconded.
COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN
MOTION to require that the applicant be sent a copy of the
letter dated April 13, 1991 from the City of Kodiak to the
Department of Environmental Conservation concerning
connections to City of Kodiak Sanitary Sewer Collection
System.
The AMENDMENT was seconded and CARRIED by
unanimous voice vote.
The question was called and the MAIN MOTION AS
AMENDED CARRIED by unanimous roll call vote.
N) Case S111-016. Request for subdivision of Lot 4, Block 9,
Miller Point Alaska Subdivision, First Addition, creating Lot 4A
and 4B, Block 9, Miller Point Alaska Subdivision, First
Addition, (809 Mallard Way).
DUANE DVORAK indicated 24 public hearing notices were
mailed for this case and one (1) was received opposing this
request. Staff recommended approval of this request, subject
to conditions.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HARTT MOVED TO GRANT preliminary
approval of the subdivision of Lot 4, Block 9, Miller Point
Alaska Subdivision, First Addition, into Lots 4A and 413, Block
9, Miller Point Alaska Subdivision, First Addition, subject to
the condition of approval contained in the staff report dated
May 8, 1991 and to adopt the findings contained in the staff
KIBS227414
P & Z Minutes: May 15, 1991 Page 26 of 32
report dated May 8, 1991 as "Findings of Fact" for this case,
Iand to require that the applicant be sent a copy of the letter
dated April 13, 1991 from the City of Kodiak to the Department
of Environmental Conservation concerning connections to City
of Kodiak Sanitary Sewer Collection System.
The motion was seconded and CARRIED by unanimous roll
call vote.
VII. OLD BUSINESS
A) Case 91-014. Findings of Fact for the denial of a 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. Portion of U.S. Survey 2539,
generally known as the Kodiak State Fair and Rodeo site.
Zoning: C--Conservation (Deferred from the April 17, 1991
regular meeting).
COMMISSIONER HODGINS MOVED TO ADOPT the findings
contained in the staff report dated April 18, 1991, as "Findings
of Fact" for Case 591-014.
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 proposed use would endanger
the public's health, safety and general welfare.
Other preexisting uses have been established on
the site that are incompatible with the likely use of
fireworks subsequent to fireworks sales in the area.
Uses such as horseback riding and horse boarding,
if disturbed by fireworks use could result in injuries
to both people and property. The undisciplined use
of fireworks would constitute a fire hazard to the
buildings and grasslands of the site and with no
clear response from the site management as to how
KIBS227415
P & Z Minutes: May 15, 1991 Page 27 of 32
these activities might be controlled, the
ICommission believes that it would not be in the
public's best interest to permit fireworks sales on
this site.
B. The proposed use is not consistent with the general
purposes and intent of Title 17 which allows
zoning exceptions for non permitted uses only
when the Commission determines than no adverse
impacts will affect other property or land uses in
the area. While the history of this site is one of
commercial use, the Commission has determined
that, based on public testimony, fireworks sales
would adversely impact other property and land
uses in the area. The Commission also found that
the proposed use would adversely affect the publics
health, safety and general welfare and as a result
would constitute a nuisance.
C. The proposed use will adversely impact other
property and uses in the area which have
previously been enjoyed by the public as indicated
by public testimony, such as horse boarding,
horseback riding, radio controlled airplane flying
and community gardening. There was no
testimony submitted by the fair board to indicate
what measures might be taken to control the
unrestricted use of fireworks on the site,
subsequent to sales at the proposed location, and
how the potential fire hazard or conflicts with other
preexisting use of the site would be eliminated.
The motion was seconded and CARRIED by unanimous voice
vote.
B) Case 91-015. Findings of Fact for the granting of a request
for a variance from Section 17.18.050A (Yards) of the Borough
Code to permit a nine and one half by forty-eight (9 1/2 X 48)
foot unenclosed deck addition to 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
KIBS227416
P & Z Minutes: May 15, 1991 Page 28 of 32
in the R2--Two-Family Residential Zoning District (Deferred
from the April 17, 1991 regular meeting).
COMMISSIONER HEINRICHS MOVED TO ADOPT the findings
contained in the staff report dated April 18, 1991, as "Findings
of Fact" for Case S91-015.
FINDINGS OF FACT
1. Exceptional physical circumstances or conditions
applicable to the property or intended use of
development which generally do not apply to other
properties in the same land use district
The exceptional physical conditions applicable to the
property are the nonconforming size and unusual lot
shape.
2. Strict application of the zoning ordinances would result
in practical difficulties or unnecessary hardships
Strict application of the Zoning Ordinance would not
permit four and a half (4 1/2) feet of the proposed deck to
project beyond the five (5) foot projection into the
required ten (10) foot rear yard setback permitted in
accordance with Section 17.40 (Projections into required
yards) of the Borough Code. This addition is not a
convenience for the property owner and denial of a
variance would result in a hardship by denying the
property owner the full benefit of the property that is
afforded by its location, compared to other property in
the same area and zoning district.
3. The granting of the variance will not result in material
damages or prejudice to other properties in the vicinity
nor be detrimental to the public's health safety and
welfare.
The granting of a variance in this case will not result in
material damage or prejudice to other properties in the
area. The deck would be required to maintain a one half
(1/2) foot setback from the rear lot line and would have to
KIBS227417
P & 2 Minutes: May 15, 1991 Page 29 of 32
remain unenciosed. This type of projection would not be
detrimental to the public's health, safety or welfare.
4. The Lranting 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 Public Use Land and Open Space (with
specific reference to Sewage Treatment Plant Reserve).
The comprehensive plan is obviously out-of-date for this
area which is a long established medium density
residential subdivision. The existing sewage treatment
plant in the area is located 900 to 1000 feet away and is
unlikely to be expanded to an extent that it would affect
this lot.
5. That actions of the applicant did not cause special
conditions or financial hardship from which relief is
being sought by the variance
Actions of the applicant have not caused the conditions
from which relief is being sought by variance. This
variance will be decided prior to construction of the deck
addition by the applicant.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
Single-family dwellings are a permitted use in the R2--
Two-Family Residential Zoning District. In addition,
Borough Code permits the development of a reasonable
single-family dwelling on any nonconforming lot in any
residential zoning district (subject to the granting of any
variance that may be required).
The motion was seconded and CARRIED by unanimous voice
vote.
There was no further old business.
VIII. NEW BUSINESS
There was no new business. KIBS227419
P & Z Minutes: May 15, 1991 Page 30 of 32
IX. COMMUNICATIONS
COMMISSIONER HODGINS MOVED TO
RECEIPT of items A through Q of communications
seconded and CARRIED by unanimous voice vote.
There were no further communications.
X. REPORTS
There were no reports.
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
ACKNOWLEDGE
. The motion was
A) After some discussion, COMMISSIONER COLEMAN MOVED
TO RECONSIDER Case 91-025. The motion was seconded
and carried by unanimous voice vote. The original motion was
again on the floor. The question was called, and the original
motion failed by a vote of 4-3. COMMISSIONERS HEINRICHS,
ASPGREN, AND HODGINS voted yes.
COMMISSIONER COLEMAN MOVED TO GRANT a variance
from Section 17.18.050C (Yards) of the Borough Code to permit
a 12' X 12' accessory building to encroach no more than four
and one (4 1/2) feet into the required ten (10) foot rear yard
setback on Lots 13 and 14, Block 43 East Addition.
The motion was seconded and CARRIED by a roll call vote of
6-1. COMMISSIONER HODGINS voted no.
Findings of Fact were deferred until the June 1991 regular
meeting.
B) After more discussion, COMMISSIONER HEINRICHS MOVED
TO RECONSIDER Case 91-027. The motion was seconded
and carried by a unanimous voice vote.
COMMISSIONER HEINRICHS MOVED TO POSTPONE
ACTION on Case 91-027, pending further information to be
KIBS227419
P & Z Minutes: May 15, 1991 Page 31 of 32
C provided to the Commission by the Larsen Bay Tribal Council
concerning the reason for the parcels being less than the
required five (5) acre minimum.
The motion was seconded.
COMMISSIONER BARRETT asked that the Larsen Bay Tribal
Council be contacted to ask if they would be in support of
private lands being subdivided into less than five (5) acre
parcels in Uyak Bay.
The question was called. The motion CARRIED by a
unanimous voice vote.
XIII. ADJOURNMENT
CHAIR HENDEL adjourned the meeting at 11:00 p.m.
KODIAK ISLAND BOROUGH
r PLANNING AND ZONING COMMISSION
By: kA
Tom Hendel, Chair
ATTEST
By: �it C pn/ z �-
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: June 19, 1991
KIBS227420
P & Z Minutes: May 15, 1991 Page 32 of 32