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1992-06-17 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JUNE 17, 1992 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Vice Chair Jon Aspgren on June 17, 1992 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Jon Aspgren, Vice Chair Linda Freed, Director Tuck Bonney Community Development Dept. Jelrol Friend Duane Dvorak, Associate Planner Robin Heinrichs Community Development Dept. Jody Hodgins Eileen Probasco, Secretary William Matzell Community Development Dept. Commissioners Absent: Tom Hendel - Resigned, effective June 9, 1992. A quorum was established. II-B. ELECTION OF OFFICERS: With the resignation of Tom Hendel, Chair, the Commission held elections for a new chair and vice chair. Jon Aspgren was elected as Chair, and Jody Hodgins was elected as Vice Chair, both by unanimous voice vote. III. APPROVAL OF AGENDA Staff reported the following additions to the agenda: II-B ELECTION OF OFFICERS IX COMMUNICATIONS A) Letter dated June 9, 1992 to Jerome Selby, Borough Mayor from Tom Hendel, RE: Resignation from the Planning and Zoning Commission. COMMISSIONER HODGINS 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 HODGINS MOVED TO ACCEPT the minutes of the May 20, 1992 Planning and Zoning Commission regular meeting as -k,BS227671 P & Z Minutes: June 17, 1992 Page 1 of 22 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 92-010. Request for a Conditional Use Permit in accordance with Section 17.21.030 (Conditional Uses) of the Borough Code to permit a 40' X 165' warehouse with a single- family dwelling located within, on a tract located in the B-- Business Zoning District, and Review and approval by the Planning and Zoning Commission of a suitable screening plan in accordance with Section 17.21.050 (Performance Standard) of the Borough Code (postponed and revised from the May 20, 1992 regular meeting). Lot 4, Block 1, Kadiak Alaska Subdivision, First Addition, 3420 Rezanof Drive East. DUANE DVORAK indicated 21 public hearing notices were mailed for this case and none were returned. Staff recommended approval of the conditional use permit subject to conditions, and approval the screening plan. Regular Session Closed. Public Hearing Opened: Michael Anderson appeared before the Commission and expressed support for this request, and stated that he felt it would not be necessary for the screening fence to be put up until development occurs on neighboring residential property. Public Hearing Closed. Regular Session Opened, COMMISSIONER HODGINS MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.21.030 (Conditional Uses) of the Borough Code to permit a 40' X 165' warehouse with a single-family dwelling located within, on Lot 4, Block 1, Kadiak Alaska Subdivision First Addition, subject to the conditions of approval contained in the staff report dated June 4, 1992; and to adopt the findings contained in the staff report dated June 4, 1992 as "Findings of Fact" for this case. P CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT 1. Conditional uses listed under Section 17.24.020 (Conditional Uses) of the I --Industrial Zoning District of the Borough Code are specifically prohibited unless an exception has been requested of and approved by the Planning and Zoning Commission. 2. The Fire Chief shall certify the adequacy of water supply on the site prior to issuance of zoning compliance. KIBS�27672 P & Z Minutes: June 17, 1992 Page 2 of 22 FINDINGS OF FACT - CONDITIONAL USE PERMIT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. It appears that the proposed use will preserve the value, spirit, character, and integrity of the surrounding area. A forty by one hundred sixty-five (40 X 165) foot warehouse building and apartment on a 107,680 square foot lot will not be detrimental to the surrounding properties if appropriate conditions of approval are required to address any screening, traffic and zoning concerns that are applicable to this location. The existing outdoor storage potential is probably more of a concern to the surrounding residential properties than the proposed new warehouse. The new warehouse, if it is used to get some of the existing outdoor storage indoors, will be an amenity to the area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question Based on a review of the site plan, the proposed warehouse and apartment will fulfill all other requirements of the B--Business zoning district such as height of structure, off-street parking, etc. Adherence to the applicable performance standards (Section 17.21.050) of the B--Business zoning district during the zoning compliance and building permit reviews will insure that this conditional use fulfills all other requirements of the zoning district. 3. That granting the conditional use permit will not be harmful to the public health safety convenience and comfort. Granting of the conditional use permit for a warehouse will not be harmful to the public health, safety, convenience or comfort. Adherence to the Uniform Building Code and Uniform Fire Code regulations for commercial building construction will ensure protection of the public health and safety. In addition, because a warehouse is classified by the Code as a "permitted" industrial land use, it should be clear that other industrial land uses are not permitted by this conditional use permit when the warehouse is located in a B-- Business zoning district. The warehouse in this case is intended for permitted business uses only. Industrial land uses would only be allowed upon the review and approval of a rezone to I --Industrial by the Borough Assembly. Staff recommends a condition of approval to make this point clear, and to act as a reminder to staff when future zoning compliance permits are being reviewed. In addition, a condition of approval is recommended to require approval of the water supply by the Bayside Fire Chief prior to the issuance zoning compliance. KIBS227673 P & Z Minutes: June 17, 1992 Page 3 of 22 It can be argued that a warehouse can potentially detract from the public convenience and comfort if there are residential land uses in the vicinity. In this case there is vacant residential property on one side of the property and a fishing gear warehouse on another side. The adjoining lots fronting on Rezanof Drive have long been used for outdoor storage purposes as well. Reasonable conditions of approval, if required, should be adequate to insure that no adverse impacts affect nearby residential areas. Traffic impacts of this development should be minimal. 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 The 107,680 square foot site contains sufficient lot area for the proposed warehouse/apartment and required off- street parking. The site will be screened from adjoining residential land by the proposed six (6) foot solid screening fence as determined by the Planning and Zoning Commission to be sufficient for that purpose. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HODGINS MOVED TO APPROVE a screening plan, consisting of a six (6) foot solid screening fence design along the common lot line between Lots 4 and 5, Block 1, Kadiak Alaska Subdivision First Addition, where residentially zoned land is adjoining Lot 4, as suitable screening to separate a conditionally permitted commercial warehouse and residential apartment from neighboring residential land in accordance with Section 17.21.050 (Performance Standards) of the Borough Code; and to adopt the finding contained in the staff report dated June 4, 1992 as a "Finding of Fact" for this case. FINDING OF FACT - SCREENING 1. A six (6) foot wooden fence design creating a solid screen along the common lot line between Lots 4 and 5, Block 1, Kadiak Alaska Subdivision First Addition will be adequate to "screen" a commercial warehouse from adjoining residential development (when it occurs) and zones, thereby preventing adverse impacts to the surrounding area. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 92-012. Request for a Conditional Use Permit in accordance with Section 17.21.030 A (Conditional Uses) of the Borough Code to permit a church to locate on the second floor of a proposed 40' X 80' retail/office building; and KIBS227674 P & Z Minutes: June 17, 1992 Page 4 of 22 Review by the Planning and Zoning Commission of a suitable screening plan, in accordance with Section 17.21.050 C (Performance Standards) of the Borough Code. Lot 53, Block 12, Aleutian Homes Subdivision, 913 Mill Bay Road. CHAIR ASPGREN requested a determination for possible conflict of interest, as he is considering purchasing the lot in question. The Commission determined there was a conflict and CHAIR ASPGREN left the chambers for this case. DUANE DVORAK indicated 64 public hearing notices were mailed for this case and 2 were returned, one expressing concern for adequate screening and parking on the lot, and one expressing concern for the fill and grading which had been done on this lot. A supplemental staff report was prepared addressing these concerns. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Bob Brodie, representing Toby Cook, Agent, appeared before the Commission to express support for this request, and to answer questions from the Commission. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.21.030 A (Conditional Uses) of the Borough Code to permit a church to locate on the second floor of a proposed 40' X 80' retail/office building on Lot 53, Block 12, Aleutian Homes Subdivision; subject to the conditions of approval contained in the staff report dated June 17, 1992; and to postpone findings of fact for the CUP until the July 15, 1992 regular meeting. CONDITIONS OF APPROVAL 1. A grading plan for Lot 53, meeting the requirements of the Uniform Building Code shall be provided to the Building Official's Office within 30 days. 2. All grading must be completed by the landowner prior to issuance of any permits relating to the permitted CUP. 3. A four (4) foot chain link fence (or comparable) shall be provided along the rear or side lot lines of Lots 56, 57, and 58 where the cut slope is greater than three (3) feet in height. 4. The size of the business/church structure permitted by this CUP is subject to the provision of adequate off-street parking as determined by staff after the land has been regraded to reflect the standards of the Uniform Building Code. The motion was seconded and CARRIED by unanimous roll call vote. KIBS22�6'15 P & Z Minutes: June 17, 1992 Page 5 of 22 COMMISSIONER FRIEND MOVED TO REQUIRE the applicant to submit a site plan and screening plan for Commission review and approval, in accordance with Section 17.21.050 C (Performance Standards) of the Borough Code, prior to the issuance of a certificate of occupancy for any building developed on Lot 53, Block 12, Aleutian Homes Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO ADOPT findings of fact contained in the staff report dated June 17, 1992 as finding of fact for the screening portion of this case. FINDING OF FACT - SCREENING 1. Recent changes to the parking code now require that minimal screening be provided between multifamily and non-residential uses and residential zoning districts. In addition, landscaping strips are required between off- street parking areas and adjacent public rights -of -way. This screening should be sufficient to address potential concerns regarding conflicting land uses. The motion was seconded and CARRIED by unanimous roll call vote. CHAIR ASPGREN returned to the meeting. C) Case 92-013. Request for a Conditional Use Permit in accordance with Section 17.21.030 A (Conditional Uses) of the Borough Code to permit a church to replace an existing eating and drinking establishment; and Planning and Zoning Commission review, in accordance with Section 17.03.090 (Similar Uses) of the Borough Code, to determine that the conversion of three (3) apartments into two (2) apartments on a business zoned lot is not obnoxious or detrimental to the welfare of the community. Lots 2A-1 and 4A-1, Block 2, U.S. Survey 3066 A&B, 1855 and 1867 Mission Road DUANE DVORAK indicated 28 public hearing notices were mailed for this case and 2 were returned, 1 in favor and 1 requesting postponement of this request. Staff recommended approval of this request, subject to conditions. COMMISSIONER HEINRICHS requested a determination on a possible conflict of interest as he has submitted a bid to the potential property owner for the remodel of the apartments. The Commission determined there was a conflict and COMMISSIONER HEINRICHS left the Chambers for this case. Regular Session Closed, Public Hearing Opened: KIBS227676 P & Z Minutes: June 17, 1992 Page 6 of 22 Bob Brodie, representing Toby Cook, Agent, appeared before the Commission to express support for this request, and to answer questions from the Commission. Public Hearing Closed. Regular Session Opened. COMMISSIONER MATZELL MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.21.030 A (Conditional Uses) of the Borough Code to permit a church to replace an existing eating and drinking establishment on 4A-1, Block 2, U.S. Survey 3066 A&B; and to adopt the findings contained in the staff report dated June 4, 1992 as "Findings of Fact" for this case. FINDINGS OF FACT - CONDITIONAL USE PERMIT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area The conditional use will preserve the value, spirit, character and integrity of the surrounding area. The existing land use on Lot 4A-1, a bar, is probably one of the more intensive land uses permitted in the B--Business zoning district. This is due to the hours of operation and potential for traffic and parking generation. A conversion r — of this structure from Bar use to Church use will be an improvement to the area in terms of expected hours of operation and a reduction of traffic through nearby residential areas by inebriated drivers. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question The conditional use fulfills all other requirements of the B--Business zoning district. The existing structure will not be altered in terms of exterior dimensions although some interior remodel will no doubt be required. There appears to be adequate off-street parking to support the uses proposed for this lot and adjacent Lot 2A-1. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. Granting the CUP will not be harmful to the public, health, safety, convenience or comfort. Considering the nature and characteristics of the present bar use, a conditionally permitted church use will not adversely affect surrounding property. 4. The sufficient setbacks, lot area, buffers or other safeguards are beings provided to meet the conditions listed in subsections A through C of this section The structure intended for use as a church is a pre- existing commercial structure that should already meet KIBS227677 P & Z Minutes: June 17, 1992 Page 7 of 22 f all health and safety requirements in addition to the requirement of Title 17 (Zoning) of the Borough Code. Although no setbacks are required in the B--Business zoning district the structure does setback off of the property lines at least eight (8) feet on all sides. The lot area is adequate to provide for off-street parking and loading. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER MATZELL MOVED TO APPROVE the conversion of three (3) apartments into two (2) apartments as a similar use in accordance with Section 17.03.090 (Similar Uses) of the Borough Code, on Lot 2A-1, Block 2, U.S. Survey 3066 AB, and to adopt the finding contained in the staff report dated June 4, 1992 as a "Finding of Fact" for this case. FINDING OF FACT - APARTMENTS 1. Based on the historical use of Lot 2A-1 for multifamily residential purposes, the fact that no complaints have been documented regarding the residential use of the property and the proposed change would reduce development density (to a small degree) it does not appear that the proposed use will be obnoxious or detrimental to the community. The MOTION was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS returned to the meeting. D) Case 92-014. Request for a variance from Section 17.18.050 B (Yards) of the Borough Code to permit a 11' X 14' enclosed porch to extend 1' into the required 5' side setback. Lot 4, Block 54, East Addition, 1717 Rezanof Drive DUANE DVORAK indicated 27 public hearing notices were mailed and none were returned. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: David Crowe, applicant, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT a variance from Section 17.18.050 B (Yards) of the Borough Code to permit a 11' X 14' enclosed porch to extend 1' into the required 5' side setback on Lot 4, Block 54, East Addition. P & Z Minutes: June 17, 1992 KIBS227678 Page 8 of 22 The MOTION was seconded and FAILED by a roll call vote of 3-3. COMMISSIONERS HEINRICHS, BONNEY AND HODGINS voted NO. COMMISSIONER HEINRICHS MOVED TO ADOPT the findings contained in the staff report dated as June 4, 1992, as "Findings of Fact" for this case. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional circumstances or conditions applicable to the property which generally do not apply to other properties in the same land use district is the nonconforming lot area (5600 square feet) and steep topography in the front yard. The property is developed with a substantial single-family dwelling, and although the topography in the front yard is rather steep, there is enough room at grade with the main structure to build a reasonable sized addition without encroaching into the side setback. .— 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 unnecessary hardship. It appears that the strict application of the zoning ordinance would result in an inconvenience to the property owners since they would not be permitted to use the full size of the existing ground level deck for the enclosed sun porch. It appears that there is enough developable area within the setback to build an addition of equal size to the one proposed without encroaching the setback. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting this variance to allow an encroachment of the side setback will not result in material damages or prejudice to other properties in the vicinity. If permitted, the sun porch addition would be at least four (4) feet from the side lot line and eight to nine (8 - 9) feet from the neighboring house. The variance will not be detrimental to the public's health, safety or general welfare since all construction and separation standards of the Uniform Building Code will be met as part of the construction permitting process. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan P & Z Minutes: June 17, 1992 �IBS221619 Page 9 of 22 Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for Medium Density Residential development. The addition will not increase the existing density or change the existing 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. In this case, actions of the applicants have not caused any 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 Additions to single-family dwellings are permitted in the R 1 --Single-family Residential zoning district. The MOTION was seconded and CARRIED by unanimous roll call vote. E) Case 92-015. Request for a variance from Sections 17.20.040 (Yards) and 17.36.040 (Non -conforming Structures) of the Borough Code: 1) to allow an additional three (3) foot projection into the existing six (6) foot rear setback; and 2) to permit the extensive remodeling/reconstruction of an existing non -conforming single-family residence, which will permit the value of the reconstruction to exceed fifty (50) percent of the replacement value of the structure. Lot 13C, Block 16, Kodiak Townsite, 113 Natalia Way DUANE DVORAK indicated 25 public hearing notices were mailed for this case and none were returned. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: Linda Koob, applicant, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT a variance from Sections 17.20.040 (Yards) of the Borough Code to allow an additional three (3) foot projection into the existing six (6) foot rear setback for a dwelling on Lot 13C, Block 16, Kodiak Townsite Subdivision. KIBS227680 P & Z Minutes: June 17, 1992 Page 10 of 22 The MOTION was seconded and FAILED by a roll call vote of 4-2. COMMISSIONERS HEINRICHS AND FRIEND voted YES. COMMISSIONER HEINRICHS MOVED TO GRANT a variance from Section 17.36.040 (Non -conforming Structures) of the Borough Code to permit the extensive remodeling/reconstruction of an existing non -conforming single-family residence, which will permit the value of the reconstruction to exceed fifty (50) percent of the replacement value of the structure located on Lot 13C, Block 16, Kodiak Townsite Subdivision. The MOTION was seconded and FAILED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO ADOPT the findings A for the first variance requested and findings B for the second variance requested, contained in the staff report dated June 4, 1992, 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. A. The exceptional physical conditions applicable to the property include the lot's nonconforming size (2,028 square feet), nonconforming lot width (about 47 feet), the steep topography of the area surrounding the lot and the location of the existing structure on the lot where it encroaches the setbacks on three sides. These conditions generally do not apply to other lots in the R3-- Mulitfamily Residential zoning district. B. There are no exceptional physical circumstances applicable to the property or intended use of development that would justify a variance from the requirements of Section 17.36.040 (Nonconforming Structures) of the Borough Code. Some of the very things that justify a variance from dimensional requirements, as noted above for example, are the same things that define a nonconforming lot and/or structure. If these same conditions are used to r justify a variance then it would seem that any nonconforming lot or structure would, by definition, qualify for a variance. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships A. Strict application of the zoning ordinances would not permit the additions to this structure because an additional encroachment into the rear setback would be required. This constitutes an KIBS227681 P & Z Minutes: June 17, 1992 Page 11 of 22 unnecessary hardship as there are many other nonconforming structures in this part of Kodiak which encroach the setbacks and in some cases property lines. B. Strict application of the zoning ordinances would not permit the extensive remodel of the existing dwelling if the value of construction exceeds $34,937.50. As long as this standard is fairly and equally applied to all nonconforming properties, the application of the zoning ordinances will not result in unnecessary hardships. Development and improvement of structures on nonconforming lots will almost always involve some level of practical difficulty. In this case, it appears as though the proposed remodel will be so extensive that it will involve an almost total reconstruction of the dwelling in order to support the enlarged second floor. The intent of the code is to require nonconforming structures that require this much reconstruction to be rebuilt in accordance with the existing codes. 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. The granting of the variance may cause material damages or prejudice to other properties in the vicinity. The dwelling does not presently provide for any off-street parking. Since the previous variance request, which proposed two (2) off-street parking spaces, the code has changed to require three (3) off-street parking spaces per dwelling unit. By the code change the existing structure has become more nonconforming. While there is no direct correlation between parking need and dwelling size, it appears that a increase in floor area will potentially increase parking need, if not by the present property owners then by subsequent property owners. B. Granting a variance to allow extensive remodeling, if the remodeling would cost more than 34,937.50 dollars, would be prejudicial to other properties in r the vicinity. If a variance were justified, how would the Commission determine the dollar amount the property owners could exceed the limit required by code? Without a standard method, the Commission over time may render different decisions based on changes in composition of the Commission. This is unfair and prejudicial to the public as a whole. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. KIBS227682 P & Z Minutes: June 17, 1992 Page 12 of 22 A. The comprehensive plan calls for this area to become Central Business District at some point in the future. Staff believes that the plan is out of date for this area. Although the location is very close to downtown Kodiak, the topography in this area is not encouraging for commercial development. In addition, this area is a long established residential district and it is doubtful that this type of land use will change in the near future. B. The granting of a variance from Chapter 17.36 requirements, as they apply to nonconforming lots and structures, would not relate in any way to the objectives of the comprehensive plan. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. A. The actions of the applicant have not caused the conditions from which relief is being sought by this variance. The variance will be decided before the applicant takes any further action on the proposed renovation. It appears that some work has been done on the structure without benefit of permits. To the extent that permits can be issued after the fact, the property owner should get the proper permits and inspections to insure that these improvements are consistent with the current Uniform Building Code requirements. B. The actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by variance. The structure was nonconforming when the present owners acquired the property. Had the property owners investigated the situation at the time of purchase, they would have discovered the extent to which further development of this property is limited. 6. That the granting of the variance will not permit a prohibited land use in the district involved. A. The granting of a variance will not permit a prohibited land use in the district involved. Single- family dwellings are a permitted use in the R3-- Mulitfamily Residential zoning district. B. Same as above. The motion was seconded and CARRIED by unanimous roll call vote. F) Case S92-016. Request for preliminary approval of the vacation of a two (2) foot portion of a platted utility easement KIBS227683 P & Z Minutes: June 17, 1992 Page 13 of 22 along the side lot line of a residential lot to eliminate an encroachment by the main structure. Lot 13, Block 8, Woodland Acres Subdivision, 5th Addition, 438 Teal Way. DUANE DVORAK indicated 32 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: Rob Shuttlesworth appeared before the Commission and expressed support for this request. Scott Arndt, representing Service District One, appeared before the Commission and stated that the service district had no objections to the request. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO GRANT preliminary approval of the vacation of a two (2) foot portion of a ten (10) foot platted utility easement along the side lot line of a residential lot to eliminate an encroachment by the main structure on Lot 13, Block 8, Woodland Acres Subdivision 5th Addition; subject to the condition of approval contained in the staff report dated June 9, 1992; and to adopt the findings contained in the staff report dated June 9, 1992 as "Findings of Fact' for this case. CONDITION OF APPROVAL 1. This vacation must be approved by the Kodiak Island Borough Assembly per Section 16.60.060 A (Additional Approval Required) of the Borough Code as follows: 16.60.060 Additional Approval Required A. A decision to grant a vacation is not effective unless approved by the City Council if the vacated area is within a city, or by the Assembly if the vacated area is within the Borough outside a city. The Council or Assembly shall have thirty (30) days from the receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the Council or Assembly shall be considered to have been given to the vacation. 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. KIBS227684 P & Z Minutes: June 17, 1992 Page 14 of 22 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. 4. The vacation of a platted utility easement, as indicated on the plat dated May 12, 1992, will not adversely affect the municipality or utility companies in their ability to provide services to the public in this area. The motion was seconded and CARRIED by unanimous roll call vote. G) Case S92-017. Request for preliminary approval of the vacation and replat of Lot 4A Tolbert Subdivision, and Lot 9B, Block 1, Southeast Addition, creating Lot 4A-1, Tolbert Subdivision and Lot 913-1, Block 1, Southeast Addition. 1212 Mission Road and 1216B Father Herman Street. DUANE DVORAK indicated 64 public hearing notices were mailed and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the vacation and replat of Lot 4A Tolbert Subdivision, and Lot 9B, Block 1, Southeast Addition, creating Lot 4A-1, Tolbert Subdivision and Lot 9B-1, Block 1, Southeast Addition; and to adopt the findings contained in the staff report dated June 9, 1992, as "Findings of Fact" for this case. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. The motion was seconded and CARRIED by unanimous roll call vote. H) Case S92-019. Request for preliminary approval of the subdivision of Lot 1, Block 9, Miller Point Alaska Subdivision, 1st Addition creating Lots 1A, 113, and 1C, Block 9, Miller Point Alaska Subdivision, 1st Addition. 3341 Anton Way. KIBS227685 P & Z Minutes: June 17, 1992 Page 15 of 22 DUANE DVORAK indicated 31 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: Kristin Stahl -Johnson appeared before the Commission and expressed opposition to this request. She was concerned about the amount of fill which would be placed on the lots, about the spring/stream on the lots and the path the water would take after filling, and about maintaining the integrity of the neighborhood. Pat Szabo appeared before the Commission and expressed concern for the impact the fill will have on the spring/stream regarding water velocity and the existing culvert under their road. Michael Anderson, applicant, appeared before the Commission and expressed support for this request. He addressed some concerns expressed earlier and stated that he felt proposed conditions of approval 2 through 5 were addressed elsewhere and not necessary. George Rieth appeared before the Commission and expressed support for this request. Scott Arndt, representing Service District One, appeared before the Commission and stated that he felt proposed condition of approval 5 was unnecessary. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the subdivision of Lot 1, Block 9, Miller Point Alaska Subdivision, 1st Addition creating Lots 1A, 113, and 1C, Block 9, Miller Point Alaska Subdivision, 1st Addition; subject to the following conditions of approval, and to adopt the findings contained in the staff report dated June 9, 1992, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Place the following note on the final plat: "Engineered foundation plan required on all lots for building permit applications." 2. Final plat must comply with all KIB Code requirements (KIBC 15.04.055, regarding slope toe setbacks or cutbank setbacks). 3. The applicant must complete the requirements of the grading permit and exception. KIBS227686 P & Z Minutes: June 17, 1992 Page 16 of 22 4. Plat a five (5) foot electrical utility easement along the entire frontage of this subdivision. 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. I) Case S92-020. Request for preliminary approval of the vacation and replat of a ten (10) foot walkway easement, relocating the walkway from the southeast side of the lot to the northwest side of the lot. Lot 4, Block 1, Pasagshak River Subdivision, 2nd Addition. 41553 Bayside Drive. DUANE DVORAK indicated 22 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: Michael Anderson, applicant, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT preliminary approval of the vacation and replat of a ten (10) foot walkway easement, relocating the walkway from the southeast side of the lot to the northwest side of the lot on Lot 4, Block 1, Pasagshak River Subdivision 2nd Addition; and to adopt the findings contained in the staff report dated June 10, 1992 as "Findings of Fact" for this case. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. KIBS227687 P & Z Minutes: June 17, 1992 Page 17 of 22 4. The relocation of a platted ten (10) foot wide walkway easement, as indicated on the plat dated May 22, 1992, will not adversely affect the public's ability to access public tidelands. The motion was seconded and CARRIED by unanimous roll call vote. J) Case S92-021. Request for preliminary approval of the subdivision of Lot A-5, Kadiak Alaska Subdivision, creating Lots A-5-1, A-5-2, A-5-3, A-5-4, and A-5-5, Kadiak Alaska Subdivision. 3100 Woody Way Loop. DUANE DVORAK indicated 16 public hearing notices were mailed for this case and 1 was returned, expressing concern for the amount of water in this area and the questioning drainage plan of the subdivider. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Jack Bennett appeared before the Commission and expressed concern for the water in the area, a drainage plan, cutting of the trees and his desire to keep the barricade on Woody Way Loop in place to prevent through traffic and protect the large number of pedestrians who use the road. George Rieth, agent, appeared before the Commission to express support for this request and to answer questions. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the subdivision of Lot A-5, Kadiak Alaska Subdivision, creating Lots A-5-1, A-5-2, A-5-3, A-5-4, and A-5-5, Kadiak Alaska Subdivision; subject to the following conditions of approval and to adopt the findings contained in the staff report dated June 9, 1992, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Plat a five (5) foot electrical utility easement along the frontage of the unnamed cul de sac. 2. Provide a drainage plan indicating design elevation of road, building pads and proposed fill. 3. The final plat will come back to the Commission for review. 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. 1011S22-1699 P & Z Minutes: June 17, 1992 Page 18 of 22 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. K) Proposed deletion of Chapter 17.65 (Exception) from the Borough Code. DUANE DVORAK indicated no public hearing notices were mailed for this case, as it is a borough -wide request. Staff recommended that the Commission forward this request to the Assembly, with a recommendation of approval. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly delete Chapter 17.65 Exceptions from the Borough Code. The motion was seconded. There was some discussion among the Commissioners concerning the fact that they felt this case had not been discussed as completely as it should have been, and that more thought should be placed on the possible ramifications this decision could have on existing exceptions, as well as what other avenues would be available for property owners, should exceptions be deleted. COMMISSIONER HODGINS MOVED TO POSTPONE action on this case and schedule it for another public hearing. The motion was seconded and CARRIED by unanimous roll call vote. L) Proposed new zoning districts: RNC--Rural Neighborhood Commercial; UNC--Urban Neighborhood Commercial, RB-- Retail Business; and LI--Light Industrial. DUANE DVORAK indicated no public hearing notices were mailed for this case as it a borough -wide proposal. Staff recommended postponement of this case until the July 1992 regular meeting. Regular Session Closed. KIBS227699 P & Z Minutes: June 17, 1992 Page 19 of 22 Public Hearing Opened: Scott Arndt appeared before the Commission and expressed support for this request, but stated that he felt the new districts should be additions to the existing zones, and that the current B--Business Zoning District should be left as it is. John Parker appeared before the Commission and concurred with Mr. Arndt's comments, and stated that he felt the new districts should provide some flexibility regarding signs, fences and parking. George Rieth appeared before the Commission and expressed support for this request, and stated that he would like the new districts in place as soon as possible, that he did not want them to be postponed. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO POSTPONE ACTION on four new business zoning districts (RNC-Rural Neighborhood Commercial, UNC-Urban Neighborhood Commercial, RC -Retail Commercial, and LI-Light Industrial), and to reschedule revised drafts for a public hearing, at the July, 1992 Planning and Zoning Commission regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. M) Case 91-012. Review of the possible rezoning of Lots 4, 5, 6, 7, 8, 9, and 11, Block 3, Lakeside Subdivision, located in the I -- Industrial Zoning District, and Lot 10, Block 3, Lakeside Subdivision, located in the PL--Public Use Land Zoning District, to a more appropriate Zoning District (postponed from the December 18, 1991 regular meeting). 2095 through 2327 Selief Lane, and 443 Von Scheele Way. DUANE DVORAK indicated 18 public hearing notices were mailed for this case and none were returned. Staff recommended this request be postponed and scheduled for another public hearing at the July, 1992 Planning and Zoning Commission regular meeting. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO POSTPONE ACTION on Case 91-012 and reschedule it for another hearing at the next regular meeting of the Planning and Zoning Commission on July 15, 1992. KIBS227690 P & Z Minutes: June 17, 1992 Page 20 of 22 The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case S92-014. Request for preliminary approval of the r - dedication of a portion of Lot 3, Block 14, New Kodiak Subdivision for right-of-way purposes, creating Lot 3A, Block 14, New Kodiak Subdivision. 101 Center Avenue (postponed until July 15, at the request of the applicant, from the May 20, 1992 regular meeting). COMMISSIONER HODGINS MOVED TO POSTPONE ACTION on Case S92-014 until the July 15, 1992 regular meeting and to schedule the case for another public hearing at that time. The motion was seconded and CARRIED by unanimous voice vote. B) Request for Planning and Zoning Commission investigation of alternatives that will reduce or eliminate the unnecessary deterioration and increased operational costs caused by off -road vehicles to Borough parks and lands, by identifying and recommending the implementation of appropriate regulations to control the use of off -road vehicles. r— COMMISSIONER FRIEND MOVED TO RECOMMEND that the Kodiak Island Borough Assembly take action to address the concerns of the Kodiak Island Borough Parks and Recreation Committee as expressed in the Committee's Resolution 92-01. 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 HODGINS MOVED TO ACKNOWLEDGE RECEIPT of item A of communications. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS COMMISSIONER HODGINS 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. KIBS227691 P & Z Minutes: June 17, 1992 Page 21 of 22 There were no further reports. DUANE DVORAK pointed out that the Commission had not set a postponement date for the request to delete exceptions from the Borough Code. COMMISSIONER HODGINS MOVED TO POSTPONE action on Exceptions until the August, 1992 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR ASPGREN adjourned the meeting at 10:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST • r,, i. •n Aspgfen, Chair Eileen Probasco, Secretary Community Development Department DATE APPROVED: June 17, 1992 KIBS227692 P & Z Minutes: June 17, 1992 Page 22 of 22