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1991-11-20 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - NOVEMBER 20, 1991 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Jody Hodgins on November 20, 1991 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Robin Heinrichs, Wayne Coleman Jon Hartt Jody Hodgins, Chair Commissioners Absent: Jon Aspgren- excused Bruce Barrett - 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 additions to the agenda: IX COMMUNICATIONS F) Letter dated November 7, 1991, from Karluk IRA Traditional Council, to Planning and Zoning Commission, RE: Ordinance 91-25 rezoning lots in Karluk Subdivision G) Letter dated November 7, 1991 to George Rieth, from Bob Scholze RE: Outdoor storage of building material on an RR-1 lot H) Letter to Clare Hiner from David Ure RE: Resolving fill problem on Lot 5, Block 10, Miller Point Alaska Subdivision, First Addition I) Letter dated November 12, 1991 to Jerome Selby, from William & Doris Bacus, RE: KIB vs. Bacus, file 4702-125. J) ZONING NEWS, November 1991. KIBS227559 P & Z Minutes: November 20, 1991 Page 1 of 6 K) Letter dated November 15, 1991 to Clare Hiner from Duane Dvorak, RE: exception for fill on Lot 5, Block 10, Miller Point AK Subdivision, First Addition. L) Letter dated November 20, 1991 to C.L. and Nancy Lowenberg from Duane Dvorak, RE: Legal determination concerning storage on Lot 6A, Block 3, Leite Addition. COMMISSIONER COLEMAN MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER COLEMAN MOVED TO ACCEPT the minutes of the October 16, 1991 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. VI. PUBLIC HEARINGS A) Case 91-053. Rezone of Lots 10A-1, 10A-2, and 22 through 28, U.S. Survey 3099 from R 1 --Single-family Residential to B-- Business, and Lots 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. (Postponed from the October 1991 regular meeting). DUANE DVORAK indicated 56 public hearing notices were mailed for this case and 8 were returned, 2 generally in favor (one in which an adjacent lot owner wished to be included in the rezone) and 6 opposing this request. Staff recommended postponement of this request until the December, 1991 regular meeting and that it be scheduled for another public hearing. COMMISSIONER COLEMAN declared a possible conflict of interest as he was a property owner in the proposed rezone area, and requested a determination from the Commission. The Commission determined there would be a conflict of interest and that COMMISSIONER COLEMAN should step down. It was pointed out that if he stepped down, there would not be a quorum, and that by default, the case would be scheduled for another public hearing at the December, 1991 regular meeting. A determination was made to open the public hearing and listen to testimony, and when the public hearing was over, COMMISSIONER COLEMAN would be asked to step down for deliberations. Regular Session Closed. Public Hearing Opened: Larry Olsen appeared before the Commission and expressed opposition to this request. KIBS227560 P & Z Minutes: November 20, 1991 Page 2 of 6 John Ryan appeared before the Commission and expressed opposition to this request. Tom Healy appeared before the Commission to ask questions and expressed general opposition to this request. John Ryan appeared again and expressed further opposition to this request. Marina Opheim appeared before the Commission and expressed opposition to this request. Del Jackson appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN declared a conflict of interest and excused himself from deliberations. CHAIR HODGINS indicated that there was not a quorum present and that no action could be taken. By default, the case would be postponed and scheduled as another public hearing at the December, 1991 regular meeting. B) Case 591-035. Request for the vacation and replat of Lot 5A and a portion of Lot 16, Block 2, Leite Addition, creating Lots 5A-1 and 16A, Block 2, Leite Addition; and a waiver from the requirement of Section 16.40.050 B.3.a.i to allow a twenty (20) foot wide flag stem (1517A and 1518A Mission Road). DUANE DVORAK indicated 75 public hearing notices were mailed for this case and 1 was returned in favor of this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Caroline Cormier appeared before the Commission and pointed out the five (5) foot access easement across Lot 17 to her back yard, and generally expressed support for this request. Jerimiah Myers appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT approval of a waiver of Section 16.40.050 B.3.a.i. (Lot Design and Improvements Required) of the Borough Code to permit a twenty (20) foot wide flag stem to be platted instead of the required thirty (30) feet for a single flag stem, as shown on the preliminary plat for Lot 5A-1, Block 2, Leite Addition; and to KIBS227561 P & Z Minutes: November 20, 1991 Page 3 of 6 adopt the findings contained in the staff report dated November 4, 1991 as "Findings of Fact" for this case. FINDINGS OF FACT A waiver granting a ten (10) foot reduction of the flag stem width from thirty (30) feet to twenty (20) feet is necessary and justified as follows: 1. The topography and alignment of the existing driveway are conducive to the reduction of width as proposed; and 2. The reduction of width benefits the area by allowing Lot 16A to become a conforming lot. 3. The code allows for back to back flag stems to be platted at a twenty (20) foot width, which indicates that a twenty (20) foot flag stem width can provide adequate access to the lot served under certain circumstances. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the vacation and replat of Lot 5A and a portions of Lots 15 and 16, Block 2, Leite Addition, creating Lots 5A-1 and 16A, Block 2, Leite Addition; subject to the conditions of approval contained in the staff report dated November 4, 1991; and to adopt the findings contained in the staff report dated November 4, 1991 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Place a note on the final plat stating: "The front yard setback of Lot 5A-1 will be calculated from the rear lot lines of Lots 16A and 17 (Portion of)." 2. The single family residence encroaching the lot lines and required setbacks must be relocated to a legal location prior to final approval of this replat. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. The MOTION was seconded and CARRIED by unanimous roll call vote. KIBS227562 P & Z Minutes: November 20, 1991 Page 4 of 6 C) Case 90-050. Proposed revisions to Chapter 17.40 (Projections into Required Yards) of the Borough Code (Referred back to the Planning & Zoning Commission by the Kodiak Island Borough Assembly for further revision). LINDA FREED indicated no public hearing notices were mailed for this case as it is a Borough wide code revision, but that the Commission had spent numerous worksessions revising this code section. She pointed out several minor wording revisions which had been made since the last worksession. Staff recommended forwarding this code revision to the Borough Assembly for final approval. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO APPROVE revisions to Chapter 17.40 (Projections into Required Yards) of the Borough Code, including the minor revisions pointed out verbally by Staff, and forward the revisions to the Kodiak Island Borough Assembly for adoption. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS LINDA FREED pointed out that there were two requests which had been postponed, pending the approval of the Lakeside Subdivision/Safeway Sub Area Land Use Plan, which would be before the Kodiak Island Borough Assembly at their meeting on November 21. The applicants had requested that these cases be heard after the plan was adopted. MS. FREED stated that a motion from the Commission would be appropriate to place these two pending requests on the December, 1991 Planning and Zoning Commission agenda. COMMISSIONER HEINRICHS MOVED, that if the Kodiak Island Borough Assembly approved the Lakeside Subdivision/Safeway Sub Area Land Use Plan, the pending cases will be placed on the December, 1991 Planning and Zoning Commission agenda. 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 KIBS227563 P & Z Minutes: November 20, 1991 Page 5 of 6 COMMISSIONER COLEMAN MOVED TO ACKNOWLEDGE RECEIPT of items A through L of communications. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS There were no reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR HODGINS adjourned the meeting at 8:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: Eileen Probasco, Secretary Community Development Department DATE APPROVED: I I (S /q o` P & Z Minutes: November 20, 1991 Page 6 of 6