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1991-10-16 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - OCTOBER 16, 1991 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Vice Chair Jody Hodgins on October 16, 1991 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jody Hodgins Robin Heinrichs Bruce Barrett Wayne Coleman Jon Hartt Commissioners Absent: Jon Aspgren - Excused Tom Hendel - Excused A quorum was established. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. Staff reported the following deletions and additions to the agenda: DELETIONS: PUBLIC HEARINGS G) CASE: 91-052 APPLICANT: William and Nancy Haag AGENT: P.J. Ralston/Jim Purdy REQUEST: A variance from Section 17.19.040 A (Yards) of the Borough Code to permit a portion of a proposed new single-family residence to encroach no more than ten (10) feet into the required twenty five (25) foot front yard setback on a residential lot. LOCATION: Lot 6A, Block 6, Miller Point Alaska Subdivision, First Addition (430 Lilly Drive). ZONING: R-2--Two Family Residential L) CASE: 91-057 APPLICANT: Brechan Enterprises/Kodiak Island Borough P & Z Minutes: October 16, 1991 KIBS227530 Page 1 of 26 AGENT: Michael Brechan REQUEST: Planning and Zoning Commission review of a disposal by lease of Borough land, for fair market value, in accordance with Section 18.20.030 (Review by planning commission -- Assembly Approval) and Section 18.20.100 (Disposal for fair market value) of the Borough Code, to provide a location for a transmitter station. LOCATION: Portion of Lot 1, U.S. Survey 2539, Section 5, T29S, R20W, Seward Meridian. No address assigned. ZONING: C--Conservation ADDITIONS: COMMUNICATIONS H) Letter dated September 23, 1991 to Sara Hunt, DGC, from Linda Freed RE: KIB Coastal Management Program - FY91 Annual Report. I) Letter dated September 25, 1991 to Will Haag, KONCOR, from Wade Wahrenbrock, DNR/Div. of Forestry, RE: harvest units 600 and 602. J) Letter dated October 9, 1991 to Jeff Steele, from Bob Scholze, RE: Outdoor storage on vacant residential lot (3430 Anton Way). K) Letter dated October 3, 1991 to Dell Jackson from Bob Scholze RE: Junk and vehicles on Lots 1-7, U.S. Survey 3233. L) KIB Leases in effect as of July, 1991 M) Kodiak Sewer System Study, Interim Report, Executive Summary, for City of Kodiak, prepared by VEI Consultants, dated September, 1991. COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda with the additions and deletions reported by staff, and to move public hearing item N to the beginning of the public hearings. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER COLEMAN MOVED TO ACCEPT the minutes of the September 18, 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 August 21, 1991 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. I'IBS22� 531 P & Z Minutes: October 16, 1991 Page 2 of 26 V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS SCOTT ARNDT appeared before the Commission to express his continuing concerns for the hazardous road conditions in the area of the proposed Northstar Elementary School. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS N) Case 91-058. Information review by the Planning and Zoning Commission of a detailed site plan, and a conditional use permit in order to develop a residential dormitory and upgrade of an existing military facility, in accordance with Section 17.33.020 (Permitted Uses), and Section 17.33.030 (Conditional Uses) of the Borough Code. Lot 2, U.S. Survey 5696 (generally located at the end of Spruce Cape Road). DUANE DVORAK indicated 245 public hearing notices were mailed for this case and 5 were returned, 3 opposing and 2 stating non -objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONERS HARTT AND BARRETT expressed concerns about safety of the shooting range on the site and about plans for a security fence. Chief Bill Huckins was asked to appear and address these concerns. Chief Huckins appeared before the Commission to answer questions, and stated that work had been done to ensure safety at the shooting range, and that plans were being made to secure the training area with a fence. COMMISSIONER HARTT MOVED TO FIND that the detailed site plan for the expansion and redevelopment of an existing military training facility is consistent with the applicable provisions of Chapter 17.33 (PL--Public Use Land) of the Borough Code. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HARTT MOVED TO FIND that a new expanded residential dormitory developed as part of an overall military training facility is consistent with Section 17.33.030 (Conditional Uses) of the Borough Code and to adopt the findings contained in the staff report dated October 7, 1991 (with additions) as "Findings of Fact" for this determination. KIBS227532 P & Z Minutes: October 16, 1991 Page 3 of 26 FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area The conditional use in this case is not a new land use, but is actually an expansion of a pre-existing use. A new multi purpose training facility/dormitory will increase the capacity of the existing training facility and provide additional office, training and food preparation areas in addition to a dormitory. The Commission believes that this new facility will preserve the value, spirit, character and integrity of the surrounding area. This is due to the fact that the facility is located on a large tract of land well separated from potential conflicting land uses. The location is well within the required setbacks of the PL-- Public Use Land Zoning District. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question This conditional use fulfills all other requirements of Chapter 17.33 (PL--Public Use Land). The lot area greatly exceeds the requirements for minimum lot area (7,200 square feet) and width (60 feet). Building heights will not exceed 50 feet as permitted in the zoning district. The maximum setback from front, rear and side lot lines is 25 feet. The site of the proposed facility is well within these limits. 3. That granting the conditional use permit will not be harmful to the public healthsafety, convenience and comfort. Development of an expanded dormitory, as part of an overall training facility expansion and redevelopment, will not be harmful to the public health, safety, convenience and comfort. The Navy is planning on extending the municipal water and sewer services from the terminal end currently located at the end of Spruce Cape Road. This will allow for the abandonment of the existing on -site water and wastewater systems currently serving the site. The Commission notes that the local civilian population often benefits from military research and training in the area, such as cold weather and water survival, etc. A review of the building plans submitted shows that the buildings plans are very detailed. While this review does not cover the structural aspects of the proposed facilities, it appears that the design of the structures is well considered. It appears from the plans that the resulting structures will be substantially in compliance with locally established building regulations and fire codes. It appears that adequate area exists on the site to provide for adequate parking. The majority of the residents KIBS227533 P & Z Minutes: October 16, 1991 Page 4 of 26 utilizing the dormitory will be assigned to this training facility on a temporary basis. As a result, it is unlikely that there will many who will utilize personally owned vehicles that will require the provision of off-street parking. Dormitories are not specifically referenced in Chapter 17.57 (Off-street Parking) of the Borough Code. 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 Due to the location of this facility on the Spruce Cape Peninsula, the proposed training facility with dormitory is well separated from other potential uses. The lot is bordered on only one side where future residential development is anticipated. The distance between the proposed facilities and future residential uses is well in excess of the minimum required setback for the PL-- Public Use Land Zoning District. The distance is about 2,600 feet. As previously mentioned, the lot area for the site is also well in excess of minimums for the zone. As a result of these conditions, the Commission makes no recommendation for other conditions or safeguards to placed on this project, even if the Commission had approval authority. A) Case S91-006. Request for preliminary approval to vacate a reservation contained in the Patent for U.S. Survey 304 "a roadway sixty (60) feet in width, parallel to the shoreline, as nearly as may be practicable, for the use of the public as a highway, and ingress and egress to the public on the waters of all streams, whether navigable or otherwise". U.S. Survey 304, generally located near Harvester Island in Uyak Bay (Postponed from the July, 1991 regular meeting). DUANE DVORAK indicated 8 public hearing notices were mailed for this case and none were returned. 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 request for preliminary approval to vacate a reservation contained in the Patent for U.S. Survey 304, "a roadway sixty (60) feet in width, parallel to the shoreline, as nearly as may be practicable, for use of the public as a highway; and ingress and egress to the public on the waters of all streams, whether navigable or otherwise." The motion was seconded and FAILED by unanimous roll call vote. KIBS227534 P & Z Minutes: October 16, 1991 Page 5 of 26 COMMISSIONER BARRETT MOVED TO ADOPT the findings contained in the staff report dated October 7, 1991 as "Findings of Fact" for this case. FINDINGS OF FACT r - 1. The patent reservation on U.S. Survey 304 may have value to the adjoining land owners as a private property interest which should not be unilaterally vacated by the Planning and Zoning Commission. 2. The applicants should settle the potential legal issues relating to private property ownership interests raised by staff during this investigation of U.S. Survey 304 with the other interested parties before re -initiating this vacation request. 3. Accurate information about the physical proximity of the stream to shoreline was not provided as specifically requested by the Planning and Zoning Commission during the review of this request on April 17, 1991. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER BARRETT declared a conflict of interest for public hearing items B and C, and excused himself from hearing these two cases. B) Case 91-048. Request for rezone of Lot 1, U.S. Survey 5696 from PL--Public Use Land to R1--Single family Residential, and, R-3--Multi Family Residential, in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. Lot 1, U.S. Survey 5696, generally located between the end of Spruce Cape Road and the end of Woodland Drive (no address assigned, postponed from the September, 1991 regular meeting). DUANE DVORAK indicated 245 public hearing notices were mailed for this case and 9 were returned, 7 opposing and 2 stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Ann Barker appeared before the Commission and expressed opposition to this request, and requested that Woodland Drive be evaluated by an independent party to determine the ability of the road to handle the increased traffic which would be generated by the new subdivision, and that the road be upgraded at the expense of the applicant, if necessary. Ginny Shank appeared before the Commission and expressed non -objection to the rezone request, but opposition to the use of Woodland Drive as an access to the proposed subdivision. KIBS227535 P & Z Minutes: October 16, 1991 Page 6 of 26 Suzana Wallace appeared before the Commission and expressed opposition to this request. Tom Martin appeared before the Commission and expressed support for this request. Martha Randolph appeared before the Commission and expressed concern for the possible R3--Multifamily Residential development and possible mobile home development, but support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO REZONE Lot 1, U.S. Survey 5696, from PL--Public Use Land to R 1 --Single-family Residential and R3--Multifamily Residential in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code; subject to the condition of approval contained in the staff report dated October 7, 1991, and to adopt the findings contained in the staff report dated October 7, 1991 as "Findings of Fact' for this case. CONDITION OF APPROVAL 1. The boundaries of the R3--Multifamily Residential area will be determined by the Commission based on the preliminary subdivision design submitted by the landowner (Case S91-033), and will be fixed upon the filing of a final plat for this area. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Lot 1, U.S. Survey 5696 from PL--Public Use Land to R1--Single-Family Residential and R3-- Multifamily Residential, is necessary and justified because these respective zoning districts permit development that: r- A. will not permit an overall density of development for this area in excess of Medium Density, i.e. single-family and two-family residential development; B. will not result in the creation of nonconforming uses; C. is consistent with the change of ownership from public entity to private landowner. KIBS227536 P & Z Minutes: October 16, 1991 Page 7 of 26 D. is generally consistent with the 1968 Comprehensive Plan. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan This request to rezone to R1--Single-Family Residential and R3--Multifamily Residential is generally consistent with the objectives of the 1968 Comprehensive Plan. The prior Public use designation was based primarily on public land ownership, a condition that no longer exists for this tract of land. The motion was seconded and CARRIED by unanimous roll call vote. C) Case S91-033. Request for preliminary approval of the subdivision of Lot 1, U.S. Survey 5696, creating 124 residential lots. Lot 1, U.S. Survey 5696, generally located between the end of Spruce Cape Road and the end of Woodland Drive (no address assigned, postponed from the September, 1991 regular meeting). DUANE DVORAK indicated 245 public hearing notices were mailed and 11 were returned, 9 opposing and 2 stating non - objection to this request. Staff recommended preliminary approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Tony Drabek, President of the Natives of Kodiak, appeared before the Commission and expressed support for this request, and addressed some of the concerns expressed by previous testimony by discussing the conditions of approval which have been placed upon the preliminary plat. He also requested removal of condition of approval number one (1) as shown in the October 7, 1991 staff report, and expanded on condition of approval number nine (9). George Rieth appeared before the Commission and expressed support for this request. Martha Randolph appeared before the Commission and expressed support for this request. r- Ginny Shank appeared before the Commission and expressed opposition to this request, and concern for the enforceability of the covenants and proposed plat notes to be placed on these lots. Karen Still appeared before the Commission and expressed opposition to the use of Woodland Drive as an access for this subdivision. KIBS227537 P & Z Minutes: October 16, 1991 Page 8 of 26 Debi Munro appeared before the Commission and expressed opposition to the use of Woodland Drive as an access for this subdivision. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the subdivision of Lot 1, U.S. Survey 5696, creating 124 residential lots; subject to the following conditions of approval, and to adopt the findings contained in the staff report dated October 8, 1991 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Extend "B" Street to the lot line common with Tract F to provide for future access to Puffin Drive through Tract F. 2. An engineered drainage plan must be submitted for review and approval by the Borough Engineering and Facilities Department prior to final approval of the plat. 3. Sewer system plans must be submitted for review and approval by the Borough Engineering and Facilities Department prior to final approval of the plat. 4. Water system plans must be submitted for review and approval by the Borough Engineering and Facilities Department prior to final approval of the plat. 5. Any easements proposed or required to satisfy drainage, sewerage or water design considerations must be reviewed by the Planning and Zoning Commission if not contained on the original preliminary plat. 6. The subdivider will document the usable building envelope on lots impacted by wetlands to show that a reasonable dwelling can be constructed on the lot without need for a setback variance. 7. A five (5) foot easement along the frontage of all lots created by this subdivision shall be shown on the final plat. 8. Include a note on the final plat intending that no lot or parcel in this subdivision may be partitioned, divided, or subdivided such that the resulting lot(s) is smaller in size than the original lot(s). This note shall then be carried onto all subsequent plats. 9. Show a public dedication of Tracts A, B and C, and the related trail easements on the final plat. 10. Approval of this subdivision is contingent upon the approval of the pending rezone request. FINDINGS OF FACT KIBS227538 P & Z Minutes: October 16, 1991 Page 9 of 26 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 and CARRIED by unanimous roll call vote. D) Case 91-044. Request for an exception in accordance with Section 17.03.060 A (Zoning Compliance) of the Borough Code to permit the fill of a residential lot which exceeds five (5) feet in depth and a slope greater than three (3) horizontal to one (1) vertical. Lot 5, Block 10, Miller Point Alaska Subdivision, First Addition (763 Lilly Drive, postponed from the September, 1991 regular meeting). DUANE DVORAK indicated 40 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: Janice Jo Ure appeared before the Commission and expressed support for this request if there were a signed agreement concerning the location of the access easement to their property. Cynthia Jackson appeared before the Commission to express concern for the drainage across her property and asked how she could ensure that her concerns about the drainage are addressed. David Ure appeared before the Commission and expressed concern about the access to his property. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT a request r- for an exception from Section 17.03.060 A (Zoning Compliance) of the Borough Code to permit the fill of a residential lot which exceeds five (5) feet in depth and a slope greater than three (3) horizontal to one (1) vertical, subject to the following conditions of approval; and to adopt the findings contained in the staff report dated October 7, 1991 as "Findings of Fact' for Case 91-044. CONDITIONS OF APPROVAL KIBS22g539 P & Z Minutes: October 16, 1991 Page 10 of 26 1. The grading plan submitted for the grading permit shall include a drainage plan and provisions for slope stabilization, for review and approval by the Kodiak Island Borough Engineering and Facilities Department. 2. This exception shall not become final and no work shall be done under its authority until and unless the applicant submits a written agreement signed by the owners of Lot 2, U.S. Survey 3464 withdrawing their objections to the exception and resolving all issues concerning the relocation of their driveway. If this agreement results in a change to the easement this change shall be platted and recorded. This platting and recording of such change may follow the completion of the approved excavation. 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. Granting this exception will not endanger the public's health safety or general welfare as the fill project which is the subject of this request will comply with the grading requirements of the Uniform Building Code and provide for an access driveway that meets the Borough slope requirements. Sufficient setback from the property line exists to insure that the fill will not affect adjoining properties. Drainage on the site will be reviewed by the Borough Engineering and Facilities Department prior to grading permit issuance. B. Fill activities in residential areas, when they comply with the requirements of the Uniform Building Code (1988), are consistent with the general purposes and intent of the Borough Code. C. Granting this exception will not adversely impact other properties or uses in the neighborhood, provided that the slope is properly prepared against erosion and that drainage is adequately directed to the established drainage system along Lilly Drive. The motion was seconded and CARRIED by unanimous roll call vote. E) Case 91-050. Planning and Zoning Commission review and approval of the Lakeside Subdivision/Safeway sub -area Land Use Plan. Generally located between Bartel Avenue and Rezanof Drive East, and Beaver Lake and Mill Bay Road. P & Z Minutes: October 16, 1991 KIBS227540 Page 11 of 26 Regular Session Closed. Public Hearing Opened: Ellen Cloudy appeared before the Commission and expressed opposition to further development, and concern for road safety in this area. Wally Johnson, Mayor, City of Kodiak, appeared before the Commission and expressed the City's support for the proposed Land Use Plan. Public Hearing Closed. Regular Session Opened. LINDA FREED called attention to a letter from Don Fields, local property owner, suggesting that Lot 11, U.S. Survey 3466 be retained for public use, as well as the "back side" of Beaver Lake. COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt the Lakeside Subdivision/Safeway sub -area plan as a part of the Kodiak Road System Comprehensive Policy and Land Use Plan, with changes as follows: r— 1. Show Lot 11, U.S. Survey 3466 as open space. 2. Show an area of open space of unspecified width on the opposite shore of Beaver Lake, with the intent that the lake will be surrounded by open space. The motion was seconded and CARRIED by unanimous roll call vote. F) Case 91-051. Request for a variance from Section 17.18.050 A (Yards) of the Borough Code to permit an 8' x 40' roof extension along the front of an existing single-family dwelling which will project no more than eight (8) feet into the required front yard setback. Lot 2, Block 3, Aleutian Homes Subdivision (514 Maple). DUANE DVORAK indicated 43 public hearing notices were mailed and none were returned. 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 HEINRICHS MOVED TO GRANT a variance from Section 17.18.050 A (Yards) of the Borough Code to permit an 8' x 40' roof extension along the front of an existing KIBS227541 P & Z Minutes: October 16, 1991 Page 12 of 26 single-family dwelling which will project no more than eight (8) feet into the required seventeen (17) foot front setback on Lot 2, Block 3, Aleutian Homes Subdivision; subject to the conditions of approval contained in the staff report dated October 3, 1991; and to adopt the findings contained in the staff report dated October 3, 1991 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. An as -built survey of Lot 2, Block 3, Aleutian Homes Subdivision must be provided to the Community Development Department at the time zoning compliance is requested for the roof extension permitted by this variance. 2. The roof extension permitted by this variance will not be used in the future to calculate the average setback for main structures on adjacent lots. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district In this case, the exceptional physical conditions on the lot are the nonconforming lot size of 6,002 square feet, and the nonconforming placement of the existing structure on the lot where it is only about seventeen (17) feet from the Maple right-of-way. Due to these conditions, construction of any addition to the front of the existing single-family dwelling will require a variance. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships The strict application of the zoning ordinance would not allow the addition of a roof extension to front of this existing single-family dwelling. This is a practical difficulty and unnecessary hardship when many other residences in Aleutian Homes Subdivision and other similar subdivisions have arctic entries, and covered decks which similarly project into the required front setback. The applicant seeks only to place a roof over the already permitted deck. An as -built survey is required at the time zoning compliance is issued as a condition of approval to insure that the proposed deck will not project farther into the required front setback that is presently estimated by staff. A condition of approval is also suggested to make clear that the covered deck addition will not be used in future calculations of front setback for adjacent lots. 3. The granting of the variance will not result in material damages or prejudice to other_ properties in the vicinity KIBS227542 P & Z Minutes: October 16, 1991 Page 13 of 26 nor be detrimental to the public's health, safety and welfare. Granting of this variance will not result in material damages or prejudice to other properties in the area. A substantial number of other dwellings in the area have covered decks. 4. The granting of the variance will not be contraay to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for Medium Density Residential Development. The addition of a roof over a permitted deck will not increase the 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, 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 permitted in all residential zoning districts. The motion was seconded and CARRIED by unanimous roll call vote. G) Case 91-052. Request for a variance from Section 17.19.040 A (Yards) of the Borough Code to permit a portion of a proposed new single-family residence to encroach no more than ten (10) feet into the required twenty five (25) foot front yard setback on a residential lot. Lot 6A, Block 6, Miller Point Alaska Subdivision, First Addition (430 Lilly Drive). This case was deleted from the agenda after it was determined by staff that a variance was not needed. H) Case 91-053. Request for the rezone of Lots 10A-1, 1OA-2, 1OB-2, 26, 27, and 28 U.S. Survey 3099 from R 1 --Single-family Residential to B--Business, and Lots 11, 12, 13, 14, and 29 U.S. Survey 3099 from PL--Public Use Land to I --Industrial, in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. 2766 Rezanof, 2705, 2713, 2781, 2756, 2790, and 2820 Spruce Cape Road. DUANE DVORAK indicated 30 public hearing notices were mailed for this case and none were returned. Staff recommended postponement of this request until the November 1991 regular meeting. K1BS227543 P & Z Minutes: October 16, 1991 Page 14 of 26 Regular Session Closed. Public Hearing Opened: COMMISSIONER HODGINS read aloud a letter to the Commission from Jonathan and Debbie Smee, requesting that Lot 1013-2, U.S. Survey 3099 not be included in the proposed rezone, and that it remain zoned as R1--Single-Family Residential. Dell Jackson appeared before the Commission and requested postponement of this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO POSTPONE action on Case 91-053, and reschedule for a second public hearing at the regular Planning and Zoning Commission meeting to be held on November 20, 1991. The motion was seconded. COMMISSIONER HEINRICHS MOVED TO AMEND the main motion to reflect the following changes to the proposed rezone area: 1. Delete Lot 10B-2 from the proposed rezone, 2. Delete Lot 11 from the proposed rezone, 3. Delete Lot 14 from the proposed rezone, unless a portion of the Wastewater Treatment Plant is located on it, otherwise include the lot for possible rezoning to I -- Industrial, 4. Include Lots 22 through 25D in area proposed for rezone to B-Business. 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. I) Case 91-054. Request for rezone of the City of Larsen Bay Watershed, from C--Conservation to W--Watershed, a tract of land totalling 4,360 acres, in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. All or part of Sections 4 through 9, 16, 17, T31S, R29W, No address assigned. DUANE DVORAK indicated 6 public hearing notices were mailed and none were returned. Staff recommended this case be forwarded to the Assembly with a recommendation for approval. gIBS227544 P & Z Minutes: October 16, 1991 Page 15 of 26 Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed, Regular Session Opened. COMMISSIONER MOVED TO RECOMMEND APPROVAL to the Borough Assembly of the rezone of the portions of Sections 4 through 9, 16 and 17, T31S, R29W, as identified in KIB Ordinance 91-23, a tract of land totaling 4,360 acres, from C-- Conservation to W--Watershed, and to adopt the findings of fact contained in the staff report dated October 3, 1991 as "Findings of Fact" for this case. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Sections 4 through 9, 16 and 17, T31S, R29W, as identified in KIB Ordinance 91-23, a tract of land totaling 4,360 acres, from C--Conservation to W-- Watershed is necessary and justified because the W-- Watershed zoning district: A. will protect and regulate the Larsen Bay municipal water supply to insure good water quality is maintained; and B. will prohibit all other land uses not compatible with the maintenance of the municipal watershed; and C. will be consistent with the local ordinances developed by the Larsen Bay to further protect this community resource. D. will not create any nonconforming land uses. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan The 1984 Comprehensive Development Plan for Larsen Bay and the 1968 Kodiak Island Borough Comprehensive Plan do not address this area. Development of a new hydro -electric facility and improved water supply for the Larsen Bay community requires that additional measures be taken to insure that this historical watershed is maintained. This rezone will provide an additional basis for watershed protection in addition to locally developed ordinances implemented as part of the extra -territorial jurisdiction the Assembly granted to Larsen Bay. KIBS227545 P & Z Minutes: October 16, 1991 Page 16 of 26 The motion was seconded and CARRIED by unanimous roll call vote. J) Case 91-055. Request for a variance from Section 17,18.050 A & B (Yards) of the Borough Code to permit a 6' X 10' roof extension on the front of an existing Single-family residence which will project no more than six (6) feet into the front yard setback, and a 10' X 20' carport extension on the side of the existing single-family residence which will extend no more than four (4) feet into the required five (5) foot side yard setback. Lot 27, Block 10, Aleutian Homes Subdivision (314 Birch). DUANE DVORAK indicated 82 public hearing notices were mailed for this case and none were returned. Staff recommended approval of the 6' X 10' front yard roof extension, and denial of the side yard carport request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT a variance from Section 17.18.050 A (Yards) of the Borough Code to permit a 6' X 10' roof extension on the front of an existing Single-family residence which will project no more than six (6) feet into the front yard setback on Lot 27, Block 10, Aleutian Homes Subdivision; subject to the conditions of approval contained in the staff report dated October 3, 1991; and to adopt findings A, contained in the staff report dated October 3, 1991 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. An as -built survey of Lot 27, Block 10, Aleutian Homes Subdivision must be provided to the Community Development Department at the time zoning compliance is requested for the roof extension permitted by this variance. 2. The roof extension permitted by this variance will not be used in the future to calculate the average setback for main structures on adjacent lots. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district KIBS227546 P & Z Minutes: October 16, 1991 Page 17 of 26 A. In this case the exceptional physical conditions applicable to the lot are the nonconforming lot area of 5,098 square feet and the nonconforming placement of the existing structure on the lot where it is only about sixteen (16) feet from the Birch right-of-way. Due to these conditions, construction of any roof extension to the front of the existing single-family dwelling will require a variance. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships A. The strict application of the zoning ordinance would not allow the addition of a covered deck roof extension. This is a practical difficulty and unnecessary hardship when many other residences in Aleutian Homes Subdivision and other similar subdivisions have covered decks and arctic entries. 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. A. Granting of this variance will not result in material damages or prejudice to other properties in the area. A substantial number of other residences in the area have covered decks and arctic entries. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan A. 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 roof extension will not increase the existing density or change 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 A. In this case, the actions of the applicant have not caused special conditions or financial hardship from which relief is being sought by variance. The applicant will take no action until the variance has been decided by the Commission. 6. That the granting of the variance will not _permit a prohibited land use in the district involved A. Roof extensions on single-family dwellings are permitted in all residential zoning districts. The motion was seconded and CARRIED by unanimous roll call vote. KIBS227547 P & Z Minutes: October 16, 1991 Page 18 of 26 COMMISSIONER BARRETT MOVED TO GRANT a variance from Section 17.18.050 A (Yards) of the Borough Code to permit a 10' X 20' carport extension on the side of the existing single-family residence which will extend no more than four (4) feet into the required five (5) foot side yard setback on Lot 27, Block 10, Aleutian Homes Subdivision. The MOTION was seconded and FAILED by unanimous roll call vote. COMMISSIONER BARRETT MOVED TO ADOPT findings B, contained in the staff report dated October 3, 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 B. In this case the exceptional physical conditions applicable to the lot are the nonconforming lot area of 5,098 square feet and lot width of about fifty (50) feet. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships B. The strict application of the zoning ordinance would not allow the addition of a carport at the location proposed. A roof extension of about six (6) feet could be permitted within the required side setback. It does not appear that access to the rear of the lot for covered parking within the established setbacks is feasible on this lot. 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 safes and welfare. B. Granting of this variance to allow an encroachment by a roof extension four (4) feet into the required side setback would prejudice the adjacent single- family dwelling which is nonconforming due to its placement near the side property line contiguous with the applicant's property. According to the Uniform Building Code, the minimum separation recommended for single-family detached dwellings without special modifications is six feet (three feet from the side lot line for each dwelling). It does not appear that this separation could be maintained if the variance for a ten by twenty (10 x 20) foot carport roof extension is granted by the Commission. KIBS227548 P & Z Minutes: October 16, 1991 Page 19 of 26 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan B. 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 roof extension will not increase the existing density or change 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. B. In this case, the actions of the applicant have not caused special conditions or financial hardship from which relief is being sought by variance. The applicant will take no action until the variance has been decided by the Commission. 6. That the granting of the variance will not permit a prohibited land use in the district involved B. Roof extensions on single-family dwellings are permitted in all residential zoning districts. '— The motion was seconded and CARRIED by unanimous roll call vote. K) Case 91-056. Request for the rezone of Lots 1 & 2 of KEA Subdivision, U.S. Survey 1995 from R-3--Multi Family Residential to B--Business, in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. Lots 1 & 2, KEA Subdivision, U.S. Survey 1995 (610 Mission and 615 Tagura). DUANE DVORAK indicated 29 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff recommended this case be forwarded to the Assembly with a recommendation for approval. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO RECOMMEND APPROVAL to the Borough Assembly of the rezone of Lots 1 & 2 of KEA Subdivision, U.S. Survey 1995 from R-3--Multi Family Residential to B--Business, and to adopt the findings of fact contained in the staff report dated October 3, 1991 as "Findings of Fact" for this case. FINDINGS OF FACT KIBS227549 P & Z Minutes: October 16, 1991 Page 20 of 26 Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Lots 1 & 2 of KEA Subdivision, U.S. Survey 1995 from R-3--Multi Family Residential to B-- Business, is necessary and justified because the B-- Business Zoning District permits development that: A. is consistent with the existing zoning surrounding this site; B. will facilitate consolidation with surrounding business lots prior to development; C. will bring the existing land uses closer to conformity and will not create additional non- conforming land uses in the subdivision; D. will not generate traffic in excess of the capability of recently improved Tagura Road. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan The 1968 Borough Comprehensive Plan for this area designates this site for primarily Light Industrial development. A rezone to B--Business would be consistent with the comprehensive plan designation as well as the zoning on surrounding parcels of land. The motion was seconded and CARRIED by unanimous roll call vote. L) Case 91-057. Planning and Zoning Commission review of a disposal by lease of Borough land, for fair market value, in accordance with Section 18.20.030 (Review by planning commission -- Assembly Approval) and Section 18.20.100 (Disposal for fair market value) of the Borough Code, to provide a location for a transmitter station. This case was deleted from the agenda after it was determined by staff that Planning and Zoning Commission review was not needed. M) Case S91-034. Request for the creation, by plat, of a utility easement across a corner of Lot 613, Block 2, Woodland Acres Subdivision, Second Addition, to permit water and sewer utility service lines to serve a dwelling on Lot 6A. [Platting of easement required to comply with Section 13.01.055 (Location of individual private utility connections) of the Borough Code]. Lot 6B, Block 2, Woodland Acres Subdivision, Second Addition (3828 Woodland Drive). KIBS227550 P & Z Minutes: October 16, 1991 Page 21 of 26 DUANE DVORAK indicated 19 public hearing notices were mailed for this case and none were returned. Staff recommended preliminary approval of this request. Regular Session Closed. Public Hearing Opened: el Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO GRANT preliminary approval of the creation, by plat, of a utility easement across a corner of Lot 6B, Block 2, Woodland Acres Subdivision, Second Addition, to permit water and sewer utility service lines to serve a dwelling on Lot 6A in accordance with Section 13.01.055 (Location of individual private utility connections) of the Borough Code; and to adopt the findings contained in the staff report dated October 7, 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 creates an easement that is in the public interest because it provides for the technically superior routing of an individual water and sewer service connection which crosses private property. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case S91-023. Review of conditions 2A and 2B of the preliminary approval of the vacation of six (6) lots creating Lot 1A, Block 6, Miller Point Alaska Subdivision, in accordance with Section 16.90.010.13.2 (Reconsideration) of the Borough Code. (Postponed from the September, 1991 regular meeting). COMMISSIONER BARRETT MOVED TO DELETE Condition of Approval number 2A and 2B of the preliminary approval of the r-- vacation of six (6) lots creating Lot 1A, Block 6, Miller Point Alaska Subdivision, in accordance with Section 16.90.010.13.2 (Reconsideration) of the Borough Code. The motion was seconded and FAILED by a roll call vote of 3- 2. COMMISSIONERS HARTT and HODGINS voted NO. COMMISSIONER BARRETT MOVED TO DELETE condition of approval number 2B of the preliminary approval of the vacation of six (6) lots creating Lot 1A, Block 6, Miller Point KIBS227551 P & Z Minutes: October 16, 1991 Page 22 of 26 Alaska Subdivision, in accordance with Section 16.90.010.13.2 (Reconsideration) of the Borough Code. The motion was seconded and CARRIED by unanimous roll call vote. There was considerable discussion at this time concerning the . - Commission's desire to express concern for road safety in the school site area and to ensure their concerns were addressed, while not delaying the finalization of the plat. COMMISSIONER COLEMAN MOVED TO DELETE condition of approval number 2A of the preliminary approval of the vacation of six (6) lots creating Lot 1A, Block 6, Miller Point Alaska Subdivision, in accordance with Section 16.90.010.13.2 (Reconsideration) of the Borough Code, and for the Commission to write a letter to the Borough Assembly outlining their concerns about the maintenance on Otmeloi Drive with regards to the new school development, and urge the Assembly to write to the Department of Transportation expressing those concerns. The motion was seconded and CARRIED by unanimous voice vote. B) Case 91-042. Findings of fact for the denial of the request for rezone of Lot 1, Block 1, Sawmill Subdivision from C-- Conservation to B--Business, in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. 1667 Monashka Bay Road. COMMISSIONER BARRETT MOVED TO ADOPT the findings contained in the staff report dated October 8, 1991, as "Findings of Fact" for Case 91-042. The motion died for lack of a second. No findings of fact were adopted for this case. C) Case 91-043. Findings of fact for the denial of the request for rezone of U.S. Survey 3630, (located on Woody Island) from C-- Conservation to RR1--Rural Residential One in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. Generally located on Woody Island (no address assigned, postponed from the September 1991 regular meeting). COMMISSIONER HARTT MOVED TO ADOPT the findings contained in the staff report dated October 9, 1991, as "Findings of Fact" for Case 91-043. The motion was seconded. COMMISSIONER BARRETT MOVED TO AMEND THE MAIN MOTION to include findings 1, D and E as listed below. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. KIBS227552 P & Z Minutes: October 16, 1991 Page 23 of 26 FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of U.S. Survey 3630 from C--Conservation to RR1--Rural Residential One is not necessary and justified because the RR1--Rural Residential One Zoning District permits development that: A. is not specifically addressed by any existing comprehensive planning document; B. is not compatible with the pre-existing residential development, recreational uses and archaeological sites, based on public testimony; C. would devalue nearby property due to the likelihood of increased traffic and off -site impacts to the environment and pre-existing land uses as a result of increased residential density; D. No evidence was presented either by the public or the applicant that indicates a public need or justification for the proposed zoning change and,; E. Granting the proposed rezone would constitute spot zoning. Such action would be inconsistent with proper planning processes. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan There is no current Borough plan specifying a land use policy for Woody Island. According to public testimony, a zoning change must be supported by an approved planning document and/or significant changes in the character of the locality in order to justify a change of zoning. Public testimony from several land owners in the area emphasized a desire to maintain the existing land uses and current zoning on Woody Island. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. D) Case S91-027. Findings of fact for the denial of the request for preliminary approval of the subdivision of U.S. Survey 3630, creating Lots 1 through 5, U.S. Survey 3630. Generally located on Woody Island (no address assigned postponed from the September 1991 regular meeting). COMMISSIONER BARRETT MOVED TO ADOPT the findings contained in the staff report dated October 9, 1991, as "Findings of Fact" for Case S91-027. FINDINGS OF FACT KIBS227553 P & Z Minutes: October 16, 1991 Page 24 of 26 1. The subdivision design is not consistent with Section 16.40.050 B1 (Lot Design and Improvements Required) of the Borough Code which requires minimum lot sizes and widths to conform to the C--Conservation Zoning District, i.e. a five (5) acre lot area and 250 foot lot width unless a variance from the zoning requirements is granted by the Commission. 2. The subdivision is not consistent with any adopted Borough plans since this area is not included in any current Borough planning documents. 3. A related request to rezone U.S. Survey 3630 (Case 91- 043) to a zoning district in which the proposed subdivision design would have conformed to the Borough Code was denied by the Planning and Zoning Commission prior to its consideration of this request. 4. According to public testimony relating to the rezone of this property (Case 91-043) an increase in residential density as proposed by this subdivision design would prejudice other pre-existing land uses on Woody Island. 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 COLEMAN MOVED TO ACKNOWLEDGE RECEIPT of items A through M of communications. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS COMMISSIONER BARRETT MOVED TO ACKNOWLEDGE RECEIPT of items A and B of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Community Development Department Status Report. B) Community Development Department Plat Activity Report. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS KIBS227554 P & Z Minutes: October 16, 1991 Page 25 of 26 XIII. ADJOURNMENT VICE CHAIR HODGINS adjourned the meeting at 11:00 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: QAioin-� Eileen Probasco, Secretary Community Development Department DATE APPROVED: 11 (2,1 jai KIBS227555 P & Z Minutes: October 16, 1991 Page 26 of 26