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1992-01-15 Regular Meetingh-_ I. II. II IX KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JANUARY 15, 1992 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission called to order at 7:35 p.m. by Acting Chair Jody Hodgins January 15, 1992 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jody Hodgins, Acting Chair Shawn "Tuck" Bonney Jerrol Friend Robin Heinrichs William Matsell Commissioners Absent: Tom Hende_ - excused Jon Aspgre:. excused A quorum was established. APPROVAL OF AGENDA Others Present: was on 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: ROLL CALL A) Election of Officers COMMUNICATIONS A) Confession of Judgement signed December 31, 1991, KIB vs. HINER & HINER. B) Letter dated January 3, 1992 to Linda Freed, Community Development Department Director, from Ric Davidge, Director, Alaska Dept. of Natural Resources, Division of Water, RE: DNR's water use requirements, and their form "Permit to Appropriate Water." C) Letter dated January 10, 1992 to Linda Freed, from Marcella Dalke, City Clerk, RE: City Council representatives at Planning and Zoning Commission worksessions and meetings. COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda with the additions reported by staff, with the exception of Item II A) Election of Officers, which would be postoned until next month when all commissioners were present. The motion was seconded and CARRIED by unanimous voice vote. P & Z Minutes: January 15, 1992 j,BS2,j1591 Page 1 of 11 IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the November 20, 1991 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the December 18, 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 91-061. Request for an exception from Section 17.13.020 (Permitted Uses) of the Borough Code to permit a commercial sport fishing lodge serving a maximum of eight guests, and a variance from section 17.13.050A (Yards) of the Borough Code to permit an encroachment of up to seventy-five (75) feet into the required seventy-five (75) foot front yard setback. U.S. Survey 1889 (generally located in Olga Bay, near Horse. Marine Lagoon). (Postponed from the December, 1991 regular meeting). DUANE DVORAK indicated 8 public hearing notices were mailed this month and 2 were returned, 1 in favor and 1 expressing general opposition to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: James David Jones appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT a request for an exception from Section 17.13.020 (Permitted Uses) of the Borough Code to permit a commercial sport fishing lodge serving a maximum of eight guests, on U.S. Survey 1889; subject to the conditions contained in the staff report dated December 9, 1991, with the addition of condition number 4, and to adopt the findings contained in the staff report dated December 9, 1991 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. A building permit is required for all commercial developments constructed within the Kodiak Island Borough boundaries. KIBS227592 P & Z Minutes: January 15, 1992 Page 2 of I I 2. DEC shall approve a suitable septic system for the lodge based upon plans submitted by the applicant prior to issuance of zoning compliance. 3. A minimum five acre portion of U.S. Survey 1889 will be subdivided from the original tract to provide for a pre- existing cabin. 4. This exception will expire January 31, 1997. FINDINGS OF FACT - EXCEPTION 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use will not endanger the public's health, safety, or general welfare. The Olga Bay area is a popular location for hunting and fishing activities. Many people use this area annually. If an Alaska Department of Environmental Conservation approved septic system is utilized, and the requirements of the State Fire Marshall and Borough Building Officials are met, the use should not endanger the public's health, safety, or general welfare. B. The proposed use will be consistent with the general purposes and intent of Title 17 (Zoning) of the Borough Code, and with the description and intent of Section 17.13 (Conservation District). Hunting, fishing and recreational activities are all permitted uses in the Conservation Zoning District. The hunting and fishing operations proposed are commercial hunting, fishing, and recreational activities. A subdivision should be required to insure that density requirements of the C-- Conservation zone are met. C. It does not appear the proposed use will adversely impact other properties or uses in the Olga Bay area. Other similar developments have been permitted in other areas with no documented reports of adverse impacts experienced by other land owners. The tract size of 19.30 acres should provide adequate separation from other properties and uses in the area, even considering the need for subdivision noted in "B" above. COMMISSIONER HEINRICHS explained that his intent, in regards to adding condition number four, was to explore the possible rezoning of that area to RD--Rural Development, so an extension of the five (5) year exception would not be needed. KIBS227593 P & Z Minutes: January 15, 1992 Page 3 of 11 The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO GRANT a variance from Section 17.13.050A (Yards) of the Borough Code to permit an encroachment of up to seventy-five (75) feet into the required seventy-five (75) foot front yard setback, on U.S. Survey 1889; and to adopt the findings contained in the staff report dated as "Findings of Fact" for this case. FINDINGS OF FACT - VARIANCE 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 circumstances or conditions applicable to the property is the slough and marshy land which characterizes the majority of the property area. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships Strict application of the zoning ordinance would require the structures developed as part of this hunting and fishing lodge operation to be developed in the marshy portion of the land. Therefore, to require a setback of seventy-five (75) feet would be a practical difficulty and unnecessary hardship considering the extra expense and effort needed to build in marshy and wet areas not contiguous with the road system of Kodiak. 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 damages or prejudice to other properties in the area. Sufficient setbacks will be maintained both sides and the rear of the property to insure that the lodge development is not detrimental to nearby residential uses. Appropriate conditions of approval to provide for wastewater disposal, solid waste disposal and structural quality will insure that the lodge development is not 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. The 1968 Kodiak Island Borough Comprehensive Plan does not address this area. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance KIBS227594 P & Z Minutes: January 15, 1992 Page 4 of 11 Actions of the applicant have not caused special conditions or financial hardship from which relief is being sought by variance. The Commission will decide this case before any permanent structures are developed on this property. !^ 6. That the granting of the variance will not permit a prohibited land use in the district involved. Hunting and fishing activities are permitted in the C-- Conservation Zoning District. The MOTION was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO DIRECT STAFF to investigate the possible rezone of U.S. Survey 1889 from C-- Conservation to RD--Rural Development, and to schedule it as a public hearing at the February, 1992 regular meeting. The MOTION was seconded and CARRIED by unanimous roll call vote. B) Case 92-001. Request for a variance from section 17.19.040 A (Yards) of the Borough Code to permit an existing, r— nonconforming single- family residence, and a 24' x 24', three story addition thereto, to project no more than twenty-two (22) feet into the required twenty-five (25) foot front yard setback on a lot in the R2--two-family residential zoning district. It is intended that future development on this lot will be permitted a similar encroachment if this variance is granted. DUANE DVORAK indicated 38 public hearing notices were mailed for this case and 2 were returned, opposing this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Charles Holt appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. r COMMISSIONER HEINRICHS MOVED TO GRANT a variance from Section 17.19.040 A (Yards) of the Borough Code to permit an existing, nonconforming single- family residence, and a 24' x 24', three story addition thereto, to project no more than twenty-two (22) feet into the required twenty-five (25) foot front setback on Lots 8 and 9, Block 34 East Addition, 916 Mission Road, and to permit future development on this lot a similar encroachment if this variance is granted; and to adopt the findings contained in the staff report dated January 6, 1992, as "Findings of Fact" for this case. KIBS227595 P & Z Minutes: January 15, 1992 Page 5 of 11 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 affecting this property which generally do not apply to other properties in the same zoning district relate to the topographical features of the area. The rear portion of the lot overlooking Pearson Cove and the Near Island Channel is extremely steep and unbuildable without incurring great cost. The balance of the lot is generally steeper than other lots in the R2--Two-family Residential zoning district. Coupled with the fact that the lot is significantly lower than the Mission Road right-of-way, this lot is only marginally developable compared to other R2--Two- family Residential lots. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances would result in practical difficulties for the property owner. Residential development within the established setbacks of this lot could only be accomplished at an expense far greater that the conceivable benefit of such construction. Therefore, the strict application of the zoning ordinances would constitute an unnecessary hardship which would deprive the property owner of practically all reasonable use of the lot for residential development. In addition, strict interpretation of the zoning ordinance would require that the existing, nonconforming, single-family residence be removed if it is ever destroyed by more than fifty (50%) percent of its replacement value. 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 neither damage or prejudice other properties in the vicinity, nor will it be detrimental to the public's health, safety and welfare. Other properties in the vicinity are generally subject to the same topographical conditions that affect the property now under review for a variance. In addition, numerous structures have been constructed in this area which are similarly nonconforming under the existing zoning code. It is expected that in the future, as the housing stocks get older and in need of replacement, other property owners in this area will likewise seek the relief offered by variance of the setbacks to the extent necessary and justifiable in each individual case. KIBS227596 P & Z Minutes: January 15, 1992 Page 6 of 11 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of a variance will not be contrary to the objectives of the comprehensive plan. Comprehensive plans do not generally address the location of structural development on a lot. The plans usually address the classification of land uses, development density and infrastructural needs of the overall community. 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 not caused any special conditions from which the applicant is seeking relief by variance. The variance will be decided by the Commission prior to any new residential construction on this property. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family residential development is a permitted use in the R2--Two-family Residential zoning district. The motion was seconded and CARRIED by unanimous roll call vote. C) Case S92-001. Request for preliminary approval of the subdivision of Lot 16, Block 1, Russian Creek Alaska Subdivision, creating Lots 16A and 16B, Block 1, Russian Creek Alaska Subdivision. 11012 Cape Chiniak Road. DUANE DVORAK indicated 24 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: Andy Cristaldi appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the subdivision of Lot 16, Block 1, Russian Creek Alaska Subdivision, creating Lots 16A and 16B, Block 1, Russian Creek Alaska Subdivision, subject to conditions of approval numbers 1 & 2 contained in the staff report dated January 6, 1992; and to adopt the findings contained in the staff report dated January 6, 1992 as "Findings of Fact" for this case. KIBS227597 P & Z Minutes: January 15, 1992 Page 7 of 11 CONDITIONS OF APPROVAL 1. Provide a revised parking plan to the Community Development Department for review and approval prior to final approval of the plat. The applicant may calculate the parking based on the code at the time the existing commercial structures were developed or may calculate ,— the parking based on the current parking code. 2. Show applicable KEA easements on final plat, as recorded in Book 80, Page 372 and 373, and five (5) feet each side of the service connection, as related to the easement recorded in Book 65, Page 152. 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. VII. OLD BUSINESS A) Case S91-003. Approval of the subdivision of Lot 6, U.S. Survey 3099, creating Lots 6A, 6B and 6C, U.S. Survey 3099. 2581 Spruce Cape Road. COMMISSIONER HEINRICHS MOVED TO APPROVE the number and location of utility easements as depicted on the final plat dated December 19, 1991 for Case S-91-003. The motion was seconded and CARRIED by unanimous voice vote. B) Case 91-053. Findings of Fact for the denial of a request to rezone 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 December 1991 regular meeting). COMMISSIONER FRIEND MOVED TO ADOPT the findings contained in the staff report dated December 30, 1991, as "Findings of Fact" for Case 91-053. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: KIBS227598 P & Z Minutes: January 15, 1992 Page 8 of 11 1. Findings as to the Need and Justification for a Change or Amendment. The Planning and Zoning Commission finds that a 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, is not necessary or justified because the B--Business and I -- Industrial zoning districts permit development which is: A. not specifically consistent the goals and objectives of the 1968 Kodiak Island Borough Comprehensive Plan; and, B. not compatible with the existing residential development in and around the proposed rezone area; and, C. likely to result in offsite impacts to nearby residential developments by increasing noise, vibration, glare, traffic, etc, in the general area. 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 designates this area for Medium Density Residential, Mobile Home Park Development, and Public and Open Space. A rezone to B--Business and I --Industrial is not specifically consistent with the goals and objectives of the plan. The motion was seconded and CARRIED by unanimous voice vote. C) Case 91-060. Findings of fact for the granting of an extension (until May 6, 1992) of a previously established compliance deadline, to remove construction materials and building equipment from a residential lot (Postponed from the December, 1991 regular meeting). COMMISSIONER HEINRICHS MOVED TO ADOPT the findings contained in the staff report dated December 19, 1991, as "Findings of Fact" for Case 91-060. FINDINGS OF FACT A. It appears that the use proposed will not endanger the public's health, safety and general welfare because the use will be abated prior to May 6, 1992. While commercial land uses, like outdoor storage of construction material and equipment, detract from the use of the land for residential purposes, and the use of surrounding properties for residential purposes, a temporary extension to May 6, 1992 will mitigate adverse impacts. KIBS227599 P & Z Minutes: January 15, 1992 - - -- _ - Page 9 of 11 B. The proposed use, while it is inconsistent with the general purposes and intent of Title 17 (Zoning) of the Borough Code, can be reasonably extended to May 6, 1992 due to the fact that it would be hard to move the material and equipment in the winter due to weather. In addition, the appellant is building a new storage facility r— in a legal location, however construction has been slowed due to seasonal winter weather as well. Under these circumstances, an extension of time is warranted so that abatement of the violation will not impose a hardship on the appellant. C. The outdoor storage of construction material and equipment will not adversely affect other properties in the area during the winter months. Because it is unlikely that the material and equipment could be moved off -site even if the appellant had a use for it at a jobsite, traffic to and from the site to remove or deliver materials and equipment is unlikely. Granting this extension will not set a precedent for changing the expected use and lifestyle (i.e. low density, single-family residential) of the RR1--Rural Residential One Zoning District. Extensions of administrative deadlines for abatement of outdoor storage violations have been previously granted by the Commission and the Assembly, especially during the winter months. There is no documented case of damage occurring to surrounding residential properties as a result of granting an extension of a zoning violation relating to outdoor storage of commercial construction material. 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 HEINRICHS MOVED TO ACKNOWLEDGE RECEIPT of items A through C of communications. The motion was seconded and CARRIED by unanimous voice vote. LINDA FREED pointed out communications item B, the letter from DNR concerning their water use requirements, and their form "Permit to Appropriate Water." She stated that the subject would be on the next worksession agenda for discussion. LINDA FREED also mentioned that staff was beginning work on revising the zoning district classifications and that BOB SCHOLZE was working on developing a draft Woody Island Comprehensive Plan. There were no further communications. KIBS227600 P & Z Minutes: January 15, 1992 Page 10 of 11 r— X. REPORTS COMMISSIONER HEINRICHS 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, December, 1991. B) Community Development Department Plat Activity Report. Since Wednesday, February 12 is observed as a holiday, the Commission agreed to hold their packet review worksession on Tuesday, February 11, 1992. COMMISSIONER MATZELL volunteered to be the P&Z Representative for the Borough Parks & Recreation Board. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT ACTING CHAIR HODGINS adjourned the meeting at 8:40 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Jody dgins, Abting Chair ATTEST S By: �( Eileen Probasco, Secretary Community Development Department DATE APPROVED: �( 19 I CJ ';�' P & Z Minutes: January 15, 1992 KIBS22g60t Page 11 of 11