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1991-06-19 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JUNE 19, 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 Robin Heinrichs on June 19, 1991 in the Borough Assembly Chambers. 1 i e lf) A IK*"A-A Commissioners Present: Robin Heinrichs Jon Hartt Bruce Barrett Wayne Coleman Commissioners Absent: Tom Hendel - Excused Jody Hodgins - Excused Jon Aspgren - Excused 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 to the agenda: COMMUNICATIONS E) Letter dated June 7, 1991 to Byron Pierce from Bob Scholze, RE: Outdoor storage of van on vacant lot. F) Letter dated June 7, 1991 to Greek Taylor, DNR, from Bob Scholze, RE: Branding inspections of Cattle on State Grazing Leases. G) Letter dated June 10, 1991 to Phillip & Rachel Rigby from Linda Freed, RE: Illegally placed mobile home. H) Letter dated June 12, 1991 to Sargent Dennis Ponder, AST, from Linda Freed, RE: Cattle on State Highways. I) Letter dated June 14, 1991 to Will Haag, KONCOR, from Wade Wahrenbrock, DNR, RE: FPA Inspection report of KONCOR operation facilities. J) Notice to Interested Persons, RE: Planning Commission Training Session on June 26, 1991. KIBS227426 P & Z Minutes: June 19, 1991 Page 1 of 18 F_ COMMISSIONER COLEMAN MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETINGS COMMISSIONER HARTT MOVED TO ACCEPT the minutes of the April 17, 1991 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER COLEMAN MOVED TO ACCEPT the minutes of the May 15, 1991 Planning and Zoning Commission regular meeting. COMMISSIONER BARRETT stated that he voted NO on case #91-020, and that the minutes reflected that it was a unanimous YES vote. COMMISSIONER BARRETT also requested to add that the statement had been made to ask the Larsen Bay Tribal Council if they would be in support of private lands being subdivided into less than five (5) acre parcels in Uyak Bay. COMMISSIONER HEINRICHS asked if COMMISSIONER COLEMAN had any objection to revising his motion to reflect these two changes. COMMISSIONER COLEMAN agreed to the revision of his motion. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. VI. PUBLIC HEARINGS A) Case 91-023. Request for a variance from Section 17.18.050B & C (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 three feet into the required five (5) foot side yard setback, and no more than eight (8) feet into the required ten (10) foot rear yard setback on a residential lot (Postponed and revised from the May 15, 1991 Regular Meeting). COMMISSIONER BARRETT stated that he wished to clarify the record to reflect that he works with Ms. Neel, and has expressed some concerns and specific areas that he would be looking at in making his decision. He asked if anyone on the Commission felt there would be any concern over a possible conflict of interest. It was determined that there would be no conflict of interest. DUANE DVORAK indicated 58 public hearing notices were mailed and two were returned, stating non -objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: KIBS227427 P & Z Minutes: June 19, 1991 Page 2 of IS Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO GRANT a variance from Section 17.18.050 B and C (Yards) of the Borough Code to permit a twenty-six by twenty-four (26 x 24) foot garage addition to the rear of an existing single-family dwelling which will encroach no more than three feet into the required five (5) foot side yard setback, and no more than eight (8) feet into the required ten (10) foot rear yard setback on a residential lot; and to adopt the findings contained in the staff report dated June 6, 1991, as "Findings of Fact" for this case. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional physical conditions on the lot are the nonconforming lot size of 3,971 square feet and lot width of 40 feet. Due to the nonconforming placement of the original house on the property (19 feet from the front lot '-- line and 0.1 feet from one side lot line), and the extreme slope of the property, construction of a garage in the front of the lot is impractical, if not impossible, and would require a variance. Due to nonconforming lot width, construction of a garage on either side is not possible. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. While the strict application of the zoning ordinance would allow the addition of a reduced sized garage at the proposed location, it would not be consistent with the existing architecture. 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 encroachment of a garage addition 3 feet into the side yard setback will not affect any existing structures on the adjacent property, however it might affect the neighboring property owner from obtaining a similar variance in the future. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of this variance to allow an encroachment of the side yard and rear yard will not result in material damages or prejudice to other properties in the vicinity. If permitted, the side of the garage would be at least two KIBS227428 P & Z Minutes: June 19, 1991 Page 3 of 18 feet from the side lot line and two feet from the rear lot line. It appears from field observations that the overhang of eaves is well within this 2 foot margin and will not project over adjacent properties or right-of-way. While it might restrict the adjoining property owner from obtaining a similar variance, it would not affect any existing structures on that lot. The alley along the rear lot line and the park across the alley will insure that the encroachment of the rear yard will not be detrimental to other properties in the vicinity. The addition will be required to meet all applicable building and fire code regulations of the City of Kodiak. As a result, the garage addition will not be detrimental to the public's health safety and welfare. A condition of approval may be included with any variance granted by the Commission to insure that the addition does not increase the density of development in a non -conforming lot of record. 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 addition will not increase the existing density or alter the permitted land uses for 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. In this case, actions of the applicant have not caused the conditions for 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. Additions to single-family dwellings are a permitted use in the R1--Single-Family Residential Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 91-027. Request for a variance from Section 17.13.040 (Area Requirements) of the Borough Code to permit the creation of lots two to four (2-4) acres in size which will not meet the five (5) acre minimum lot area requirement. (Postponed from the May 15, 1991 Regular Meeting). DUANE DVORAK indicated eight (8) public hearing notices were mailed for this case and one was returned, stating non - objection to this request. Staff recommended approval of this request. KIBS227429 P & Z Minutes: June 19, 1991 Page 4 of 18 Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. 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. There was some discussion concerning possible future requests for similar subdivisions and the implications this decision would have on these requests. There was concern expressed that these lots be maintained in their original 5 acre size as much as possible, without regards to the inheritance situation involved. The question was called and the motion was voted upon. THE MOTION FAILED by a roll call vote of 1-3. COMMISSIONERS HEINRICHS, HARTT, AND BARRETT voted NO. COMMISSIONER BARRETT MOVED TO RECONSIDER the motion. The motion was seconded and failed by a roll call vote of 3-1. COMMISSIONER HARTT voted NO. Adoption of Findings of Fact for this case was deferred until the July, 1991 regular meeting. C) Case 91-029. Request for an exception from Section 17.24.010 (Permitted Uses) of the Borough Code to permit a thirty (30) bed, fifteen (15) cell jail and police station complex on four (4) lots in an Industrial zone; Lots 3, 4, 5, & 6, Block 1, Lakeside Subdivision, 2101 - 2310 Selief Lane. DUANE DVORAK indicated twenty-three (23) public hearing notices were mailed for this case and one (1) was returned, stating non -objection to this request. Staff recommended postponement of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO TABLE a request for an exception from Section 17.24.010 (Permitted Uses) of the P & Z Minutes: June 19, 1991 KIBS227430 Page 5 of 18 Borough Code to permit a 15 cell, 30 bed jail and police station complex until the January, 1992 regular meeting to give the Commission time to thoroughly examine the future land uses for this area as a whole as part of the ongoing Kodiak Urban Land Use Plan development. The motion was seconded and CARRIED by unanimous roll '- call vote. D) Case 91-030. Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a voluntary, non -medical detoxification facility for up to eight (8) clients which will provide temporary, supervised detoxification for up to four (4) days per client on a lot in the B--Business Zoning District; Lots 6 & 10, Block 14, New Kodiak Subdivision, 115 Mill Bay Road. DUANE DVORAK indicated thirty-four (34) public hearing notices were mailed and five (5) were returned, three (3) in favor and two (2) opposing this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Ted Woods appeared before the Commission and expressed opposition for this request, and presented the Commission with three (3) letters from property owners in the area opposing this request. Thomas Goldston appeared before the Commission to answer questions and expressed support for this request. Dr. Bob Johnson appeared before the Commission and expressed support for this request. Wally Johnson appeared before the Commission and expressed support for the request but concern for the impact on neighboring property owners and their safety, and to suggest that the exception be granted for a two year period, subject to the success of the operation. Thomas Goldston appeared again to address some of the questions and concerns expressed by Mr. Johnson Wally Johnson appeared again to emphasize his concern for the safety of his property. Ted Woods appeared before the Commission to ask that the letters he had presented earlier be read outloud. The letters from Ms. Lundquist and Ms. Nielsen were read by the Community Development Secretary. Public Hearing Closed. Regular Session Opened. P & Z Minutes: June 19, 1991 KIBS227431 Page 6 of 18 The Commission took a five (5) minute recess to read the additional information and public hearing notices they received tonight concerning this case. COMMISSIONER COLEMAN MOVED TO GRANT an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a voluntary, non -medical detoxification facility for up to eight (8) clients which will provide temporary, supervised detoxification for up to four (4) days per client on Lots 6 and 10, Block 14 New Kodiak Subdivision; and to adopt the findings contained in the staff report dated June 5, 1991 as "Findings of Fact" for Case 90-030. The motion DIED for lack of a seconded. COMMISSIONER HEINRICHS MOVED TO GRANT a TWO YEAR exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a voluntary, non -medical detoxification facility for up to eight (8) clients which will provide temporary, supervised detoxification for up to four (4) days per client on THE PRESENT STRUCTURE LOCATED ON Lots 6 and 10, Block 14 New Kodiak Subdivision; and to adopt the findings contained in the staff report dated June 5, 1991 as "Findings of Fact" for Case 90-030, subject to the following condition: CONDITION OF APPROVAL 1. There will be a yearly report to the Commission that will report on complaints received and compliance with the specifications of the exception. The MOTION was SECONDED and failed by a roll call vote of 1-3. COMMISSIONER COLEMAN voted NO. .' SEE ITEM X. REPORTS for further action on this case... E) Case 91-031. Request for a rezone, in accordance with Chapter 17.72 of the Borough Code, of Lot 12B, Block 3, Island Lake Subdivision from R2--Two-family Residential to B-- Business; AND an Exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit the preexisting duplex use to continue on a lot in the B--Business Zoning District. 3100 Ptarmigan Pass Street. DUANE DVORAK indicated fourteen (14) public hearing notices were mailed for this case and none (0) were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS227432 P & Z Minutes: June 19, 1991 Page 7 of 18 COMMISSIONER HARTT MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve a rezone of Lot 12B, Block 3, Island Lake Subdivision from R2--Two-family Residential to B--Business in accordance with Section 17.72.030 of the Borough Code and to adopt the findings contained in the staff report dated June 11, 1991 as "Findings of Fact" for this case. 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Lot 12B, Block 3, Island Lake Subdivision from R2--Two-Family Residential to B--Business is necessary and justified because the B--Business Zoning District permits development that: A. is as consistent with the comprehensive plan as the zoning for surrounding lots in this area; B. is suitable for the lot, given the modest lot size and width; C. will create a nonconforming use of the existing duplex residential use for which an exception is now pending. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1968 Kodiak Island Borough Comprehensive Plan shows this area to be designated for Medium Density Residential. The history of this area shows that an amendment to the comprehensive plan redesignated Lots 7A - 18, Block 2, Island Lake Subdivision to B--Business which is located near the subject property. However, the majority of land around the subject property is zoned B-- Business. Rezoning the subject lot will be no more inconsistent with the objectives of the comprehensive plan the previous rezones to B--Business around Lot 12B, Block 3, Island Lake Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HARTT MOVED TO GRANT a request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit the pre-existing duplex use to continue as a legally permitted use on Lot 12B, Block 3, Island Lake Subdivision; and to adopt the findings contained in the staff report dated June 11, 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 KIBS227433 P & Z Minutes: June 19, 1991 Page 8 of 18 of this title and (C) adversely impact other properties or uses in the neighborhood. A. Continuation of a duplex use on a B--Business zoned lot would not endanger the public's health safety or general welfare. The site plan submitted with this request shows adequate off-street parking can be accommodated on the lot for both the residential and proposed commercial uses. B. Certain classes of residential use are permitted in the B--Business Zoning District. Single-family residential is permitted as a conditional use and Multifamily residential is a permitted use. Duplex residential is not addressed by the code for this district therefore an exception is necessary. As long as all applicable code requirements are met for both residential and commercial development continued duplex residential will be consistent with the general purposes of Title 17 of the Borough Code. C. Due to the fact that surrounding properties are generally used for outdoor storage and nonconforming residential, continued use of the existing duplex on Lot 12, Block 3, Island Lake Subdivision, will not adversely impact other properties or uses in the neighborhood. The motion was seconded and CARRIED by unanimous roll call vote. F) Case S91-019. Request for preliminary approval of the subdivision of Lot 1 (remainder), and Lot 2, Block 2, Miller Point Alaska Subdivision, First Addition, creating Lots 1A, 113, 1C, 2A, 2B and 2C, Block 2, Miller Point Alaska Subdivision, First Addition. 3126 - 3174 Balika Lane. DUANE DVORAK indicated fifty one (51) public hearing notices were mailed for this case and one (1) was returned, stating non - objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Dan Millard appeared before the Commission and asked that some concerns regarding access and drainage be addressed before approval of this subdivision request. Scott Arndt appeared before the Commission to answer questions, address some of the concerns, and to express support for this request. Gordon Lasky, State of Alaska Department of Transportation representative, appeared before the Commission to answer questions and address some of the concerns expressed earlier. KIBS227434 P & Z Minutes: June 19, 1991 Page 9 of 18 Mr. Lasky stated that the State felt there would be no major conflicts with access and drainage as was mentioned previously. Dan Millard appeared again to express more concerns about access to and from lots in this subdivision. Scott Arndt appeared once more to address those concerns and to state that DOT would be issuing the driveway permits for the subdivision and would monitor the situation. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO GRANT preliminary approval of the subdivision of Lot 1 (remainder), and Lot 2, Block 2, Miller Point Alaska Subdivision, First Addition, creating Lots 1A, iB, 1C, 2A, 2B and 2C, Block 2, Miller Point Alaska Subdivision, First Addition, subject to the following conditions of approval; and to adopt the findings contained in the staff report dated June 11, 1991, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Place a note on the final plat stating: "Further subdivision of Lots 1A, 1C and 2A is prohibited" 2. KEA down -tie easements are to be shown on final plat. 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: and 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 MOTION to include the following conditions: 3. Front yard setback of Lots lA and 1C shall be calculated from the rear lot line of Lot 1B, and the front yard setback of Lot 2A shall be calculated from the rear lot line of Lot 2B. 4. Driveways on Lots 1A and 1B must be adjacent to each other, and driveways on Lots 2B and 2C must be adjacent to each other. KIBS227435 P & Z Minutes: June 19, 1991 Page 10 of 18 5. Flag stems of Lots 1A, 1C, and 2A shall be designated as utility easements. 6. Applicant must supply a written narrative drainage plan for the subdivision. 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. G) Case S91-020. Preliminary approval of the subdivision of Lot 26, U.S. Survey 3099, creating Lots 26A and 26B, U.S. Survey 3099. 2756 Spruce Cape Road. DUANE DVORAK indicated twenty-three (23) public hearing notices were mailed and none (0) were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. r - Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO GRANT preliminary approval of the subdivision of Lot 26, U.S. Survey 3099, creating Lots 26A and 26B, U.S. Survey 3099; and to adopt the findings contained in the staff report dated June 11, 1991, as "Findings of Fact" for this case. 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 HARTT stated that there were conditions of approval not included as part of the motion that should be considered. COMMISSIONER BARRETT REVISED his MOTION to include the following conditions of approval: KIBS227436 P & Z Minutes: June 19, 1991 Page 11 of 18 1. The warehouse on Lot 26A should be connected to public sewer and water. 2. Place a note on the plat restricting further connections to the 6" sewer service line crossing lot 26B from Jackson Mobile Home Park's lots 27 & 28. It would be in the best interest of the subdivider to have Jackson Trailer Court '— abandon this line and to tie into the 8" public sewer line that crosses Lot 27. 3. Address off-street parking needs, since existing parking relies on the road right-of-way along Spruce Cape Road. 4. Develop a drainage plan in cooperation with Jackson Mobile Home Park, for the lower portion of Lots 26A and 26B. 5. Remove or remodel the lean-to on the mobile home on Lot 4 that encumbers Lot 26A and is within the utility easement. 6. Provide five (5) foot utility easements adjacent to both the westerly boundary of Lot 26A and the easterly boundary of Lot 26B. This will allow access to the back of the lots when further development occurs. r The second concurred with the additions. The MOTION was voted upon and CARRIED by unanimous roll call vote. H) Case S91-021. Preliminary approval of the subdivision of Lot 18A, U.S. Survey 3100, creating Lots 18A1 and 18A2, U.S. Survey 3100. 3284 Spruce Cape Road. DUANE DVORAK indicated twenty (20) public hearing notices were mailed for this case and none (0) were returned. Staff recommended approval of this request. COMMISSIONER HEINRICHS passed the gavel to COMMISSIONER BARRETT and asked for a determination of a possible conflict of interest, since his father is acting as the agent for the applicants. The Commission determined there would be no financial gain to COMMISSIONER HEINRICHS and he stated that he felt he could make a fair determination on the case. COMMISSIONER BARRETT ruled their would be no conflict of interest and passed the gavel back to COMMISSIONER HEINRICHS. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS227437 P & Z Minutes: June 19, 1991 Page 12 of 18 COMMISSIONER BARRETT MOVED TO GRANT preliminary approval of the subdivision of Lot 18A, U.S. Survey 3100, creating Lots 18A1 and 18A2, U.S. Survey 3100, subject to the following conditions of approval; and to adopt the findings contained in the staff report dated June 11, 1991 as "Findings of Fact" for this case. '— CONDITIONS OF APPROVAL 1. Repair or replace the water meter on Lot 182A. 2. A sewage plan for Lots 18A1 and 18A2 needs to be developed and submitted to ADEC for approval. The sewer service line for Lot 18A2 needs to be relocated to the utility easement provided and the line on lot 18132 needs to be abandoned and plugged. 3. Create a ten (10) foot wide utility easement in the south 1/2 of the graveled drive shown adjacent to the south boundary of proposed Lot 18AL 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: and 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that is supports those plans. The motion was seconded and CARRIED by unanimous roll call vote. I) Case 90-050. Proposed revisions to Chapter 17.40 (Projections into Required Yards) of the Borough Code (Referred back to the Planning and Zoning Commission by Kodiak Island Borough Assembly for further review). DUANE DVORAK indicated no public hearing notices were mailed for this case. Staff recommended postponement of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO POSTPONE ACTION on Case 90-050 until the September, 1991 regular meeting and KIBS227438 P & Z Minutes: June 19, 1991 Page 13 of 18 to hold a public hearing on the proposed revisions to Chapter 17.40 (Projections into Required Yards) at that time. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case 91-019. Findings of Fact for the granting of a 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) (Deferred from the May 15, 1991 regular meeting). COMMISSIONER MOVED TO ADOPT the findings contained in the staff report dated June 5, 1991, as "Findings of Fact" for Case S91-019. 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 placement of the main structure on the lot in reliance upon earlier Borough Code and the slope of the existing driveway. The driveway, in addition to being fairly steep, tends to glaciate in the winter and there is very little room to park vehicles on Puffin Drive due to the wide ditches and accumulation of snow along the roadside. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships Strict application of the Zoning Ordinance would not permit an accessory building to project five (5) feet into the required ten (10) foot rear yard setback. No option, other than this variance to develop an accessory building on this site, will result in an attractive development similar to the house. This would be a practical difficulty and unnecessary hardship for the property owner. A condition of approval will be included with this variance however, to insure that the accessory building is not converted to a dwelling unit or attached to the main structure in the future since it will not meet the setbacks for a main structure. 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. KIBS227439 P & Z Minutes: June 19, 1991 Page 14 of IS The granting of a variance in this case will not result in material damage or prejudice to other properties in the area. Rather, the accessory will probably improve the aesthetics of the surrounding area. The accessory building will be required to maintain a five (5) foot setback from the rear lot line. A five (5) foot setback for an accessory building of this type will not be detrimental to the public's health, safety or welfare. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Comprehensive plans generally deal with issues such as land uses and development densities in general. Granting a variance of the regulations applicable to accessory buildings will not be contrary to the objectives of the Comprehensive Plan because the comprehensive plan does not address such site specific development requirements. 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 accessory building by the applicant. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Accessory buildings are a permitted use in all residential zoning districts. The motion was seconded and CARRIED by unanimous voice vote. B) Case 91-025. Findings of Fact for the granting of a 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) (Deferred from the May 15, 1991 regular meeting). COMMISSIONER BARRETT MOVED TO ADOPT the findings contained in the staff report dated June 5, 1991, as "Findings of Fact" for Case 91-025. 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 KIBS227440 P & Z Minutes: June 19, 1991 Page 15 of 18 The exceptional physical conditions applicable to the property are the fact that there is an alley at the rear of the property which provides a additional measure of separation from other properties behind the subject lot. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the Zoning Ordinance would not permit an accessory building to project four and one-half (4 1/2) feet into the required ten (10) foot rear yard setback. This is an unnecessary hardship when there are many other accessory buildings in the area which similarly project into the required rear yard setback. 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. In addition to the fact that other accessory buildings in the area similarly encroach the required rear yard setback, an existing nonconforming accessory building near the proposed location or the new accessory building has been in place for a number of years and has not proved detrimental to the public's health, safety or general welfare. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Comprehensive plans generally deal with issues such as land uses and development densities in general. Granting a variance of the regulations applicable to accessory buildings will not be contrary to the objectives of the Comprehensive Plan because the comprehensive plan does not address such site specific development requirements. 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 r-- 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. Accessory buildings are a permitted use in all residential zoning districts. KIBS227441 P & Z Minutes: June 19, 1991 Page 16 of 18 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 COMMISSIONER HARTT MOVED TO ACKNOWLEDGE RECEIPT of items A through J of communications. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS There were no reports. Staff was instructed to prepare Findings of Fact for Public Hearing Items B and D, Cases 91-027 and Case 91-030. After some discussion, COMMISSIONER COLEMAN MOVED TO RECONSIDER Case 91-030. The motion was seconded and carried by a unanimous roll call vote. COMMISSIONER COLEMAN MOVED TO POSTPONE ACTION on Case 91-030 until the July, 1991 regular meeting and to reschedule it as another public hearing item, giving the applicant some flexibility to amend their request. The motion was seconded and CARRIED by a unanimous voice vote. COMMISSIONER COLEMAN MOVED TO CONTINUE past 11:00 p.m. The motion was seconded and carried by unanimous voice vote. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS There were no Commissioner comments. XIII. ADJOURNMENT COMMISSIONER HEINRICHS adjourned the meeting at 11:03. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: C-� k"dm) Robin Heinrichs, Acting Chair P & Z Minutes: June 19, 1991 KIBS227442 Page 17 of 18 I:�IITIl191s`T!1 Eileen Probasco, Secretary Community Development Department DATE APPROVED: KIBS227443 P & Z Minutes: June 19, 1991 Page 18 of 18