Loading...
1991-07-24 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JULY 24, 1991 16IRMIM 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 July 24, 1991 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Tom Hendel, Chair Jon Aspgren Bruce Barrett Wayne Coleman Jody Hodgins Commissioners Absent: Jon Hartt, Excused Robin Heinrichs, Excused A quorum was established. 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: J) CASE: S91-022 APPLICANT: David W. Roe AGENT: Robert Tarrant REQUEST: Preliminary approval of the vacation of Lots 8A and 813, Block 7, Bells Flats Alaska Subdivision, and replat to Lots 8A1 and 8B1, Block 7, Bells Flats Alaska Subdivision. LOCATION: Lots 8A and 813, Block 7, Bells Flats Alaska Subdivision, (11931 and 11879 Middle Bay Drive). ZONING: RR-1--Rural Residential One This subdivision request was deleted from the agenda after it was determined it could be processed as an abbreviated plat. 10Bs2,11451 P & Z Minutes: July 24, 1991 Page 1 of 22 ADDITIONS: IX IV. V. COMMUNICATIONS A) Letter dated June 17, 1991 to Alaska Coastal Management Program Participants, from Sara Hunt, District Program Coordinator, DGC,. RE: Coastal Zone Management Act, Section 309 Enhancement Grant. •B) Letter dated July 3, 1991, to Robert Brock, OCS, from Linda Freed, RE: Information request for preparation for a potential off -shore gas and oil lease in the Cook Inlet area. •C) Letter dated July 18, 1991 to Charles and Connie Johnson, from Bob Scholze, RE: Construction without permits at 1693 Three Sisters Way. 'D) Letter dated July 23, 1991 to James and Kathryn Currie, from Bob Scholze, RE: Apartment in a single family dwelling at 1711 Selief Lane. COMMISSIONER HODGINS MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMISSIONER ASPGREN MOVED TO ACCEPT the minutes of the June 19, 1991 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) Case 87-028. Annual review of an exception authorizing the storage and wholesale and retail sales of chemicals (including chlorine and compressed gas) in a B--Business Zoning District. Lot 24, Block 1, Russian Creek Alaska Subdivision (11590 Rezanof Drive West). COMMISSIONER HODGINS MOVED TO ACCEPT the staff report dated June 26, 1991, as the annual review for Case 87- 028, an exception which authorizes the storage and wholesale and retail sales of chemicals (including chlorine and compressed gas) in a B--Business Zoning District located on Lot 24, Block 1, Russian Creek Alaska Subdivision. The motion was seconded and failed by a roll call vote of 3-2. COMMISSIONERS ASPGREN AND BARRETT voted NO. COMMISSIONER ASPGREN MOVED TO POSTPONE ACTION on Case 87-028 pending further investigation to determine whether the original conditions of approval, particularly condition number seven (7), are being complied with, and to schedule the case for a public hearing at the August 21, 1991 regular meeting. KIBS227452 P & Z Minutes: July 24, 1991 Page 2 of 22 The motion was seconded and CARRIED by unanimous roll call vote. B) Case 90-031. Request for a one (1) year extension of a previously granted exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a fifty by one - hundred (50 x 100) foot fishing gear storage and shop building that will contain an apartment (single-family dwelling). Lot 4B, Block 5, Miller Point Alaska Subdivision First Addition (3366 Eider Street). COMMISSIONER ASPGREN MOVED TO GRANT a one (1) year extension of a previously approved exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a forty by eighty (40 x 80) foot fishing gear storage and shop building with an apartment (single-family dwelling) to locate on Lot 4B, Block 5, Miller Point Alaska Subdivision First Addition. 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 91-012. 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 (Postponed from previous meetings). (2095 thru 2327 Selief Lane, and 443 Von Scheele Way). DUANE DVORAK indicated 18 public hearing notices were mailed for this case and none (0) were returned. Staff recommended postponement of this request. 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, 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 on January 15, 1992. The motion was seconded and CARRIED by unanimous roll call vote. KIBS227453 P & Z Minutes: July 24, 1991 Page 3 of 22 B) Case 91-030. Request for a one (1) 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 of up to four (4) days per client. (Reconsidered from the June 19, 1991 regular Planning and Zoning Commission meeting). Lots 6 & 10, Block 14, New Kodiak Subdivision, (115 Mill Bay Road). DUANE DVORAK indicated 33 public hearing notices were mailed for this case and 8 were returned, 5 in favor and 3 opposing this request, and a petition with 38 signatures opposing this request was received in the Community Development Department at about 4:10 p.m. on July 24, 1991. Staff recommended approval of this request subject to one condition of approval. At this point a fifteen (15) minute recess was called to give the Commission time to review the additional information presented to them at the meeting. Regular Session Closed. Public Hearing Opened: CHAIR HENDEL stated that due to the length of the agenda and the apparent public interest in the cases on the agenda, he requested that those wishing to testify limit their speaking time to five (5) minutes each. Gerald Markham appeared before the Commission and expressed opposition to this request. He presented the Commission with supporting documentation and asked several questions about issues he felt should be addressed. Andy Brumbaugh, President of the Board of Directors of the Kodiak Council on Alcoholism, appeared before the Commission and expressed support for this request. Dr. Bob Johnson appeared before the Commission and expressed support for this request. Ed Myers, Kodiak Island Hospital Administrator, appeared before the Commission and expressed support for this request. Lynn Mickelson appeared before the Commission and expressed support for this request. Donna Ruch appeared before the Commission and expressed support for this request. Thomas Goldston, Executive Director of the Kodiak Council on Alcoholism, appeared before the Commission to express support for this request and to answer questions from the Commission and address some of the issues presented by Mr. Markham. KIBS227454 P & Z Minutes: July 24, 1991 Page 4 of 22 Monte Hawver, Director of the Brother Francis Shelter, appeared before the Commission and expressed support for this request. Wilton White appeared before the Commission and expressed opposition to this request. Wally Johnson appeared before the Commission and expressed opposition to the location of this request. Monte Hawver was asked to appear before the Commission again and answer some questions about the Brother Francis Shelter. Gerald Markham appeared before the Commission once again to express his concerns for the location of this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT a one (1) 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 Lots 6 and 10, Block 14 New Kodiak Subdivision; subject to the condition of approval contained in the staff report dated June 25, 1991; and to adopt the findings contained in the staff report dated June 25, 1991 as "Findings of Fact' for Case 90-030. CONDITION OF APPROVAL 1. A public hearing will be scheduled for the June 1992 regular meeting of the Planning and Zoning Commission to review the performance of the detoxification facility before considering an extension of this exception. The motion was seconded. DUANE DVORAK recommended that before the Commission vote on the motion as stated, they be sure the suggested findings of fact in the staff report accurately reflect the reason for the action of the Commission and if not, they may chose to amend the motion to defer adopting findings of fact until the next regular meeting. COMMISSIONER HODGINS MOVED TO AMEND THE MAIN MOTION to defer adopting findings of fact for this case until the August 21, 1991 regular meeting. The AMENDMENT was seconded and CARRIED by unanimous voice vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by a roll call vote of 4-1. COMMISSIONER ASPGREN voted NO. KIBS227455 P & Z Minutes: July 24, 1991 Page 5 of 22 C) Case 91-032. Appeal of an administrative decision in accordance with Section 17.68.020B (Appeals from Administrative Decisions) of the Borough Code of a decision ordering the discontinuation of an unlawful use of land (maintaining a junkyard in an R2--Two-family Residential Zoning District) and ordering the removal of all items classified as junk and scrap salvage within thirty (30) days; and, Should the Planning and Zoning Commission uphold the administrative decision, the applicant requests relief in the form of an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit the continued use of the property for outdoor storage of junk and scrap salvage (Postponed from the July 24, 1991 regular meeting). DUANE DVORAK indicated 26 public hearing notices were mailed for this case and 3 were returned, supporting the administrative decision and opposing the exception request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: George Rieth appeared before the Commission and expressed opposition for this exception request. Aileen Hediger appeared before the Commission and expressed opposition for this exception request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HOGDINS MOVED TO GRANT an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit the continued use of Lots 1, 3 and 10, Tona Subdivision, located in the R2--Two-family Residential Zoning District, for outdoor storage of junk and scrap salvage. The motion was seconded. There was some discussion among the Commission about a statement which had been made at the July 10, 1991 worksession, in which Mr. Perez stated that he would not be able to make the regular meeting because of a medical appointment out of town, and was told that the Commission would postpone action on the case until the August regular meeting when he could be present at the public hearing. Taking this into consideration, CHAIR HENDEL stated that he felt it would not be fair to Mr. Perez to take action on the case at this meeting. COMMISSIONER HODGINS MOVED TO POSTPONE action on Case 91-032 until the August 21, 1991 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. KIBS227456 P & Z Minutes: July 24, 1991 Page 6 of 22 D) Case 91-034. Request for the Rezone of Lots 1 and 2A, Block 6, Miller Point Alaska Subdivision; and Lots 7, 8A, Block 9, and Lots IA and 2, Block 10, Miller Point Alaska Subdivision First Addition, from RR1--Rural Residential One to PL--Public Use Land in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code; and Review of a conceptual site plan for grading activities and preparation for development of an elementary school in accordance with Section 17.33.020 (Site Plan Review) of the Borough Code. DUANE DVORAK indicated 121 public hearing notices were mailed for this case and 2 were returned in favor of this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Scott Arndt appeared before the Commission and expressed support for the rezone request, but expressed concerns for the site plan, specifically that development of access and service roads in the proposed school site area be monitored closely for safety and practicality. Bud Cassidy, Kodiak Island Borough Resource Management Officer, appeared before the Commission to answer questions and to express support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve a rezone of Lots 1 and 2A, Block 6, Miller Point Alaska Subdivision; and Lots 7, 8A, Block 9, and Lots lA and 2, Block 10, Miller Point Alaska Subdivision First Addition, from RR1--Rural Residential One to PL--Public Use Land; and to adopt the findings contained in the staff report dated June 25, 1991 as "Findings of Fact' for this case. 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Lots 1 and 2A, Block 6, Miller Point Alaska Subdivision; and Lots 7, 8A, Block 9, and Lots lA and 2, Block 10, Miller Point Alaska Subdivision First Addition, from RR1--Rural Residential One to PL--Public Use Land r— is necessary and justified because the PL--Public Use Land Zoning District permits development that: A. may not be totally consistent with the comprehensive plan designation, however, the plan may be out of date for this area; B. is suitable for the existing lot(s) given the prevailing lot sizes, widths, and planned regrading of the area; KIBS227457 P & Z Minutes: July 24, 1991 Page 7 of 22 C. will not create any significant nonconforming land uses on the lots identified for rezoning. 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 Development. The history of this area is one of continuing low density residential development with a trend towards Medium Density Residential. While the rezone of these lots to PL--Public Use Land may be somewhat inconsistent with the comprehensive plan designation, if the site is developed with an elementary school as intended by the Kodiak Island Borough School District then the use would be consistent with the comprehensive plan designation. Schools are considered a residential use of land under the current Borough Zoning Code. No nonconformities will be created by this rezone. Extensive site redevelopment and grading will be subject to a conditional use Permit, in accordance with Section 17.33.030 (Conditional Uses) of the Borough Code. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HODGINS MOVED TO GRANT conceptual approval of a site plan for grading activities and preparation for development of an elementary school on Lots 1 and 2A, Block 6, Miller Point Alaska Subdivision; and Lots 7, 8A, Block 9, and Lots 1A and 2, Block 10, Miller Point Alaska Subdivision First Addition. The motion was seconded and CARRIED by unanimous roll call vote. E) Case 91-035. Request for a variance from Section 17.03.100(1) (Airport Regulations) and 17.06.450 (Parking Zone) of the Borough Code to permit outdoor storage in the twenty-five (25) foot municipal airport parking zone which will not exceed nine (9) feet in height. Lot 5A-1, US Survey 3098 (2015 Mill Bay Road). DUANE DVORAK indicated 19 public hearing notices were mailed for this case and 1 was returned 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. KIBS227458 P & Z Minutes: July 24, 1991 Page 8 of 22 COMMISSIONER HOGDINS MOVED TO GRANT a variance from Section 17.03.100 (1) (Airport Regulations) and 17.06.450 (Parking Zone) of the Borough Code to permit outdoor storage in the twenty-five (25) foot municipal airport parking zone which will not exceed nine (9) feet in height; subject to the conditions of approval contained in the staff report dated June 26, 1991, and to adopt the findings contained in the staff report dated June 26, 1991, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Outdoor storage shall be limited to a maximum of nine (9) feet in height in the twenty-five (25) foot Municipal Airport Parking Zone. Documented evidence of violation of this provision will cause this variance to be brought before the Planning and Zoning Commission for a public hearing to consider the revocation of this variance. 2. This variance is valid for a period of five (5) years (until, July 17, 1996). 3. A revised parking plan must be file with the Community Development Department within thirty (30) days of approval. 4. Outdoor storage of material may not project into the clear zone. 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 condition applicable to the property is the fact that it is located adjacent to the Kodiak Municipal Airport. As a result, Lot 5A-1 has height, clear zone and parking zone restrictions on all or portions of the property which are not generally applicable to other properties in the B--Business Zoning District. The height restriction only permits construction of structures to a height of thirty-five (35) feet. The normal height limit for the B--Business Zoning District is fifty (50) feet. The clear zone prohibits structural development and/or parking on a thirty-five (35) foot deep area at the rear of the lot. In addition, the parking zone restriction affects a twenty-five (25) foot deep area of the lot adjacent to the clear zone. Storage in this area is limited only to vehicles and aircraft, unless a variance has been granted by the Planning and Zoning Commission. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardshias Strict application of the Zoning Ordinance would not permit outdoor storage to be placed in the parking zone KIBS227459 P & Z Minutes: July 24, 1991 Page 9 of 22 except for vehicles and aircraft. This constitutes a practical difficulty for the property owner if maximum utilization of the lot is desired. In addition, this would be an unnecessary hardship considering the fact that the Commission has granted relief in the form of a variance for two (2) previous requests in this area for similar outdoor storage purposes. 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 the variance will not result in material damage or prejudice to other properties in the area. The parking zone permits the outdoor storage of vehicles and aircraft. It will not significantly effect safe airport operations to allow other forms of outdoor storage in this zone as well. As in other variances granted for neighboring properties, it will be important to insure that the height of stored items does not affect the prevailing wind patterns over the active airport runway. 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 Light Industrial development. Use of the parking zone as proposed by this variance is less likely to impact the airport than other forms of industrial land use or related structural developments that would be consistent with the comprehensive plan designation. 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 instance, actions of the applicant have caused the conditions from which relief is being sought by variance. The applicant should have requested a variance prior to placing outdoor storage in the Airport Parking Zone. The property owners were made aware of this requirement in 1989 when a zoning enforcement action was taken to address this kind of activity. It may be that since the enforcement action that the property owners were genuinely convinced that the storage was alright after seeing the outdoor storage placed on the neighboring lots. 6. That the granting of the variance will not permit a prohibited land use in the district involved Outdoor storage is a permitted use in the B--Business Zoning District. KIBS227460 P & Z Minutes: July 24, 1991 Page 10 of 22 The motion was seconded and CARRIED by unanimous roll call vote. F) Case 91-036. Request for a Conditional use permit, in accordance with Section 17.21.030(D) (Conditional Uses) of the Borough Code to permit a single family residence to locate within an existing business structure which will not exceed more than fifty (50) percent of the total floor area of the structure. Lot 25A, Block 1, Russian Creek Alaska Subdivision, (935 Widgeon Circle). DUANE DVORAK indicated 29 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Betty Fitzjearl 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 conditional use permit in accordance with Section 17.21.030(D) (Conditional Uses) of the Borough Code to permit a single family residence to locate within an existing business structure which will not exceed more than fifty (50) percent of the total floor area of the structure on Lot 25A, Block 1, Russian Creek Alaska Subdivision; subject to the condition of approval contained in the staff report dated July 3, 1991; and to adopt the findings contained in the staff report dated July 3, 1991 as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. The trailer must be vacated as a dwelling once the new dwelling unit is ready for occupancy. FINDINGS OF FACT 1. That the conditional use will preserve the value spirit Character and integrity of the surrounding area The proposed use will meet all of the requirements for a single-family dwelling within a commercial structure. The residence will occupy only 800 square feet of the 2,400 square foot total floor area of the existing commercial building. A residence of this size should not detract from the business use of this and surrounding business properties. The value, spirit, character and integrity of the surrounding area will be maintained. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question KIBS227461 P & Z Minutes: July 24, 1991 Page 11 of 22 The proposed use fulfills all other requirements of Chapter 17.21 (Business District) of the Borough Code. Staff will review a revised parking plan at the time zoning compliance is issued for the new dwelling development. The development of a dwelling within the existing commercial structure will reduce the parking requirement from a previously approved zoning compliance calculation which envisioned the whole structure to be developed into an eating and drinking establishment. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use will not affect the traffic patterns in the area in any way. The dwelling will replace an existing trailer dwelling on the lot and will reduce the required parking of a previously planned expansion to convert the whole commercial structure into an eating and drinking establishment. The proposed use will not be harmful to the public health, safety, convenience or comfort if all building, fire, and plumbing codes are met in the construction of this dwelling unit. An onsite wastewater disposal system approved by ADEC is already in place on the site. 4. The _ sufficient setbacks. lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section Setbacks are not required for structures developed in the B--Business Zoning District. In this case, there will be no change to the exterior of the commercial structure which already exists on the lot. Other safeguards appropriate to this development, if any, will be consistent with the performance standards of the B--Business Zoning District and will be reviewed at the time zoning compliance is issued for the new dwelling unit. The motion was seconded and CARRIED by unanimous roll call vote. G) Case 91-037. Request for a rezone of Lot 1, Block 1, Sawmill Subdivision from C--Conservation to I --Industrial, in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. Lot 1, Block 1, Sawmill Subdivision (1667 Monashka Bay Road). Sixteen (16) public hearing notices were mailed for this case and 3 were returned, opposing the request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: KIBS227462 P & Z Minutes: July 24, 1991 Page 12 of 22 Doug Pengilly appeared before the Commission and expressed opposition for this request. Eric Blankenburg appeared before the Commission and expressed opposition for this request. Tom Knoke appeared before the Commission and expressed opposition for this request. COMMISSIONER COLEMAN MOVED TO CONTINUE past 11:00 p.m. The motion was seconded and CARRIED by a unanimous voice vote. David Sundberg appeared before the Commission and expressed opposition for this request. Jean Dixon appeared before the Commission and expressed opposition for this request, and presented the Commission with a letter from Logan Porter -Crane expressing opposition for the request. Cathy Cordry appeared before the Commission and expressed opposition for this request. George Rieth appeared before the Commission and expressed support for this request, and addressed some of the concerns expressed in previous testimony. Cathy Cordry appeared once again to reconfirm her concerns and repeat her opposition to this request. CHAIR HENDEL read aloud a letter presented to the Commission from Robert B. Scott, expressing opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve a rezone of Lot 1, Block 1, Sawmill Subdivision from C--Conservation to I -- Industrial, and to adopt the findings contained in the staff report dated June 28, 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 the case was postponed until the August 21, 1991 regular meeting. SEE COMMISSIONER'S COMMENTS, ITEM XIL H) Case 91-038. Request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit a ten by ten (10 x 10) foot addition to an existing residential trailer/mobile home to be used for retail sales of fishing tackle and related items. Lot 9, Block 1, Pasagshak Subdivision KIBS227463 P & Z Minutes: July 24, 1991 Page 13 of 22 (generally located along the road -side bank of the Pasagshak River). DUANE DVORAK indicated 26 public hearing notices were mailed for this case and 1 was returned, 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 HODGINS MOVED TO GRANT a request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit a ten by ten (10 x 10) foot minor structural development to be used for retail sales of fishing tackle and related items on Lot 9, Block 1, Pasagshak Subdivision; subject to conditions of approval contained in the staff report dated July 24, 1991; and to adopt the findings contained in the staff report dated July 2, 1991 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1 The proposed retail sales booth will be less than 120 square feet of projected roof area, and contain no more than 100 square feet of floor area, in order to qualify as a minor structural development. 2. Zoning compliance will be obtained for the existing recreational trailer prior to issuance of zoning compliance for the retail sales booth, or the trailer will be moved to a legal location. 3. This exception is valid for three (3) years and two (2) months from the date of approval and will expire September 23, 1994. 4. Retails sales at the location approved for this exception is limited to the following: Fishing Tackle Snack Foods Camping Supplies 5. Signage is limited to that which is permissible for a home occupation, six (6) square feet. 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, yjBS227464 P & Z Minutes: July 24, 1991 Page 14 of 22 (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. A small ten by ten (10 x 10) foot structural development to be used for retail sales of fishing tackle and related items will not endanger the public's health, safety or general welfare. B. Granting this exception will not be inconsistent with the general purposes and intent of Title 17 and specifically Chapter 17.17., of the Borough Code. A small ten by ten (10 x 10) foot retail sales area would scarcely be any larger than a normal fireworks stand which is a conditional use for this zoning district. In addition, fishing tackle does not pose a fire hazard to the surrounding area as fireworks may sometimes do in the summer months. C. Granting of this exception with certain conditions will not adversely impact other properties or uses in the neighborhood. Because the size of the building is less than 120 square feet, such a structure could be built free standing without the requirement for a building permit as a minor structural development. The use, even on a vacant lot is unlikely to impact neighboring properties and in fact could become an amenity to the surrounding area since no other lands are currently zoned for commercial uses in the area. Due to the questionable nature of the existing recreational trailer, staff recommends the retail building not be connected to the trailer until staff has had additional time to ascertain its status. The motion was seconded. COMMISSIONER BARRETT MOVED TO AMEND THE MAIN MOTION to include a sixth condition of approval: 6. No outside storage of retail goods is permitted. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. r The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. I) Case 91-039. Request for a variance from Section 17.26.140 (Minimum Distances) of the Borough Code to permit the location of a 12' x 40' mobile home in a non -conforming mobile home park where the mobile home is ten (10) feet from an adjacent mobile home, rather than the fifteen (15) foot minimum required. Lot 2, U.S. Survey 3100 (2987 Spruce Cape Road). KIBS227465 P & Z Minutes: July 24, 1991 Page 15 of 22 DUANE DVORAK indicated 18 public hearing notices were mailed for this case and one was returned asking questions about the lot. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO GRANT a variance from Section 17.26.140 (Minimum Distances) of the Borough Code to permit the location of a 12' x 40' mobile home in a non -conforming mobile home park where the mobile home is ten (10) feet from an adjacent mobile home, rather than the fifteen (15) foot minimum required on Lot 2, U.S. Survey 3100. The motion was seconded and FAILED by unanimous roll call vote. COMMISSIONER BARRETT MOVED TO ADOPT the findings contained in the staff report dated July 2, 1991 as "Findings of Fact" for Case 90-039. 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 which generally do not apply to other properties in the same land use district is the drainageway that cuts across the lot. It is apparent from an on -site examination that the back portion of the mobile home park is developed on filled land. In order to expand the park area, a considerable length of culvert or ditching would be required to access the rear portion of the lot. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships Strict application of the zoning ordinances would not result in practical difficulties or unnecessary hardships for the property owner. While the strict interpretation of the code requires the property owner to keep the one space vacant, this area could be used as a playground or community storage area, both of which are required for all new mobile home parks. This would raise the value of the remaining spaces on the property by providing an amenity to the tenants which might be used to offset the revenue lost from the vacant nonconforming mobile home space. Compliance with the applicable codes for KIBS227466 P & Z Minutes: July 24, 1991 Page 16 of 22 Mobile Home Parks will require a reduction in density no matter which spaces are vacated in the future. The zoning code works somewhat of a hardship on all lots which are similarly regulated. In this particular instance, it does not appear that the restrictions of the Borough Code constitute a restriction so severe that the property is substantially reduced in value or rendered undevelopable. This lot is in the R2--Two-Family Residential Zoning District and could be developed for other residential purposes other than mobile home park. Besides, the purpose of a variance is to insure that a person is reasonably able to use their property. There is nothing in the code that says a property owner is entitled to "maximum return" on their property investment, especially if the only means to that end is through a dispensation to break the law such as a variance would provide. 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 would prejudice other properties in the vicinity due to the fact that other nonconforming single-family dwellings have not been permitted to expand due to their location in required setbacks. In addition, the purpose behind the minimum distances established by the Borough Code is to maintain a certain minimum separation in the event a unit catches fire. These separations can allow fire department and public safety personnel access in and around structures in the event of an incident. Maintaining distances closer than those specified by the zoning code increases the likelihood of fire spreading from one unit to another. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan which is generally out of date for this area. The 1968 Comprehensive Plan identifies this lot for Public and Open Space, specifically Sewer Treatment Plant Reserve. Due to increases in technological effectiveness, it is unlikely that the Treatment Plant would ever need enough additional room to involve this lot. In addition, new technology has reduced the potential for off -site impacts such as smells and odors. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have caused the conditions from which relief is being sought by variance. A mobile KIBS227467 P & Z Minutes: July 24, 1991 Page 17 of 22 home was placed in the space #6 before any permits were sought from the Community Development Department. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Mobile Home Parks are a permitted use in the R2--Two- Family Residential and R3--Multifamily Residential Zoning Districts. The MOTION was seconded and CARRIED by unanimous roll call vote. J) Case S91-022. This subdivision request was deleted from the agenda after it was determined it could be processed as an abbreviated plat. See AGENDA ADDITIONS/DELETIONS ABOVE. K) Case S91-023. Request for preliminary approval of the vacation and replat of Lots 1 and 2A, Block 6, Miller Point Alaska Subdivision, and Lots 7 and 8A, Block 9 and Lots IA and 2, Block 1.0, Miller Point Alaska Subdivision First Addition, including Mallard Court, a portion of the Lilly Lake Drive, and a portion of a 20' utility easement, to Lot IA, Block 6, Miller Point Alaska Subdivision. DUANE DVORAK indicated 121 public hearing notices were mailed for this case and 3 were returned, 1 in favor, 1 opposing and 1 stating non -objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Scott Arndt appeared before the Commission and expressed support for this subdivision request, but felt conditions of approval should be placed in the motion to address access and safety concerns of the roads in the area of the proposed school, and to require the Borough to either provide access to lots along Island Lake which have no access, or to acquire those lots. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT preliminary approval of the vacation of Lots 1 and 2A, Block 6, Miller Point Alaska Subdivision, and Lots 7 and 8A, Block 9 and Lots 1A and 2, Block 10, Miller Point Alaska Subdivision First Addition creating Lot 1A, Block 6, Miller Point Alaska Subdivision and to grant conceptual approval of the vacation of a twenty (20) foot wide utility easement and portions of the Mallard Court and Lilly Drive rights -of -way on proposed Lot 1A, Block 6, Miller Point Alaska Subdivision, subject to the following conditions of approval, and to adopt the findings contained in the staff report dated July 10, 1991 as "Findings of Fact" for this case. KIBS227468 P & Z Minutes: July 24, 1991 Page 18 of 22 CONDITIONS OF APPROVAL 1. Approval of the easement vacation and right-of-way vacation is subject to Assembly review within thirty (30) days of conceptual approval by the Planning and Zoning Commission. 2. That an acceptable access and transportation corridor plan for the area be provided for: A) Access for the proposed school, and; B) Access for adjacent areas. 3. That the plat be brought back to the Commission before final approval is granted. 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 and CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case 91-027. Findings for the denial of a request for a variance from Section 17.13.040 (Area Requirements) of the Borough Code to permit the creation of five (5) lots two to four (2-4) acres in size which will not meet the five (5) acre minimum lot area requirement. (Deferred from the June 19, 1991 Regular Meeting). Parcel Numbers 123, 413, 414, 622, 710; Generally located in the vicinity of Uyak Bay, Larsen Bay and Zachar Bay. COMMISSIONER ASPGREN MOVED TO ADOPT the findings contained in the staff report dated June 24, 1991, as "Findings of Fact" for Case 91-027. 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. There are no exceptional physical circumstances or conditions applicable to the property or the intended use of the property which generally does not apply to other properties in the same land use district. The circumstances surrounding these land conveyances, resulting in de facto subdivisions of land into parcels KIBS227469 P & Z Minutes: July 24, 1991 Page 19 of 22 smaller than five (5) acres, has nothing to do with the physical characteristics of the land itself. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the Zoning Ordinance would not permit the subdivision of lots less than five (5) acres in size in the C--Conservation Zoning District. This is not a practical difficulty or unnecessary hardship because the original land conveyance from the Koniag Regional Corporation contained ten (10) acres for each tribal member enrolled at the time of the merger agreement between Koniag Inc. and Nu-natck Pit Inc. 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 would result in material damage or prejudice to other properties in the vicinity. If the Commission were to grant this request, it would be perceived as a precedent to permit subdivision of land into lots sizes less than those permitted by the zoning code when the land is being divided among the heirs of an estate. The Borough Zoning Code presently does not make provision for this type of subdivision and the Commission does not feel that it is appropriate to let this request pass as a justification for a variance to the Borough Zoning Code. Lots sizes smaller than five (5) acres are not consistent with the intent of the C--Conservation Zoning District. Due to concerns about the setback requirements and the capacity of smaller lots to provide adequately for wastewater disposal, the Commission believes that the subdivision of lots smaller than five (5) acres may be detrimental to the public's health, safety and 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 use and development densities. The 1968 Kodiak Island Borough Comprehensive Plan does not address rural areas outside of established communities. 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 caused the conditions from which relief is being sought by variance. This is due to the fact that the conveyance of land into parcels smaller than the required five (5) acres was undertaken before KIBS227470 P & Z Minutes: July 24, 1991 Page 20 of 22 approval of a variance which would have made the subdivisions legal. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Recreational and/or residential use of land is a permitted use in the C--Conservation Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 590-034. Review of the revised preliminary plat of the subdivision of Lot 12, U.S. Survey 3101, creating Lots 12A, 12B and 12C, U.S. Survey 3101. (3789 Spruce Cape Road). COMMISSIONER COLEMAN MOVED TO GRANT approval of the revised plat of the subdivision of Lot 12, U.S. Survey 3101, creating Lots 12A, 12B, and 12C, U.S. Survey 3101, and to confirm conditions of approval I through 6, as contained in the action letter dated October 18, 1990, except that references to Lots 12B and 12C shall be reversed where appropriate to the revised plat. CONDITIONS OF APPROVAL _ 1. A parking plan for Lot 12A must be reviewed and approved by the Community Development Department prior to final approval of the plat. 2. A driveway plan for Lot 12B must be reviewed and approved by the Kodiak Island Borough Engineering and Facilities Department prior to final approval of the plat. 3. The dwelling on Lot 12A must be connected to the public sewer system and the connection to the public sewer system must be approved by the Kodiak Island Borough Engineering and Facilities Department. 4. Show the flagstem for Lot 12B as an access and utility easement serving Lots 12A, 12C, and 12B. 5. Place the following notes on the final plat: A. "No further subdivision of Lot 12B is permitted." B. "The front yard setback for Lot 12B shall be calculated from the rear lot lines of Lots 12A and 12C." 6. Relocate the flagstem for Lot 12B between Lots 12A and 12C. The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. KIBS227471 P & Z Minutes: July 24, 1991 Page 21 of 22 VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER BARRETT 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 CHAIR HENDEL MOVED TO ACKNOWLEDGE RECEIPT of Item A of reports, May and June, 1991 Community Development Department Status Reports. The motion was seconded and CARRIED by unanimous voice vote. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER HODGINS MOVED TO POSTPONE findings of fact for the denial of Case 91-037, until the August, 1991 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. XIII. ADJOURNMENT CHAIR HENDEL adjourned the meeting at 12:15 a.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By:�Aa& vYVI Tom Hendel, Chair ATTEST By: �iC �ee�11'OL� Eileen Probasco, Secretary Community Development Department DATE APPROVED 0,1-� 2-1, 1991 KIBS227472 P & Z Minutes: July 24, 1991 Page 22 of 22