1992-07-15 Regular MeetingI.
II.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - JULY 15, 1992
MINUTES
CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was
called to order at 7:35 p.m. by Chair Jon Aspgren on July 15, 1992 in
the Borough Assembly Chambers.
ROLL CALL
Commissioners Present:
Jon Aspgren, Chair
Tuck Bonney
Robin Heinrichs
Jody Hodgins
William Matzell
Commissioners Absent:
Jerrol Friend - excused
One vacant position, not filled.
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
A) Letter dated July 2, 1992 to Wayne and Suzanna Wallace
from Bob Scholze, RE: Duplex in RR-1 Zoning District.
B) Notes from June 11, 1992 Borough Assembly Work
Session, RE: "Y" Intersection.
C) Article from PLANNING Magazine, July 1992, RE:
Commissioner's Memo.
D) KIB Parks and Recreation Committee Resolution 92-02,
recommending designation of "Smokey's Dump" as
future softball field and recreation complex.
E) Letter dated June 29, 1992 to Linda Freed from Daniel
Beardsley, Chief Right of Way Agent, DOT/PF, RE:
Postponement of Case S92-014 ("Y" Intersection project)
until the December, 1992 regular meeting.
KIBS221691
P & Z Minutes: July 15, 1992 Page 1 of 10
F) Letter dated July 10, 1992 to William and Carol Bardot,
from Bob Scholze, RE: Abandoned vehicles on Lot 1,
Block 6, USS 3066AB (Cove Trailer Park).
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
June 17, 1992 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 92-016. Request for a variance from Section 17.19.040
A (Yards) of the Borough Code to permit a 18' X 8' roof
extension on the front of an existing Single-family residence to
project 7' into the front setback. Lot 29, Block 13, Aleutian
Homes Subdivision, 613 Upper Mill Bay Road.
DUANE DVORAK indicated 41 public hearing notices were
mailed for this case and 1 was returned, 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.
COMMISSIONER MATZELL MOVED TO GRANT a variance
from Section 17.19.040 A (Yards) of the Borough Code to
permit an 18' X 8' roof extension on the front of an existing
Single-family residence to project 7' into the front setback on
Lot 29, Block 13, Aleutian Homes Subdivision; and to adopt the
findings contained in the staff report dated July 2, 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 conditions applicable to the intended use
of the property are the nonconforming lot size (4,168
square feet), nonconforming lot width (45 feet), and steep
topography. The property slopes from street level along
KIBS227698
P & Z Minutes: July 15, 1992 Page 2 of 10
Mill Bay Road, elevation about 150 feet, and drops about
fifteen (15) feet at the rear lot line. The slope of the lot is
about 17%.
2. Strict application of the zoning ordinances would result
in practical difficulties or unnecessary hardships.
Strict application of the zoning ordinances would not
permit a seven (7) foot encroachment into the front
setback by a roof projection over an existing ground level
deck. This would result in practical difficulties and
unnecessary hardship for the applicant. Due to the
topography and size of the lot, there is very little usable
yard area on this lot. Many other dwellings located on
similar lots are located closer to the street and do not
provide adequate off-street parking. A previous variance
was granted to permit a deck encroachment in the side
yard. This was allowed partially in recognition of the
constraints of 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 safety and
welfare.
Granting the variance will not result in material damages
or prejudice to other properties in the vicinity. The roof
addition will not reduce the required off-street parking
now provided for the residence. In addition, granting the
variance will not be detrimental to the public's health,
safety or general welfare because the roof extension will
be built to the applicable Uniform Building Code
Standards.
4. The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
The 1968 Comprehensive does not address minor
structural additions to residential structures when there
is no change in the use or density of development as a
result.
5. That actions of the applicant did not cause special
conditions or financial hardship from which relief is
being sought by the variance.
The applicant has not caused special conditions or
financial hardship from which relief is being sought by
variance. The applicant will take no action until the
Commission has decided this request.
6. That the granting of the variance will not permit a
prohibited land use in the district involved
Covered decks and additions to single-family dwellings
are permitted in all residential zoning districts.
KIBS227699
P & Z Minutes: July 15, 1992 Page 3 of 10
The motion was seconded and CARRIED by unanimous roll
call vote.
B) Case 92-017. Request for a conditional use permit in
accordance with Section 17.13.030 (Conditional Uses) of the
Borough Code to permit the construction of a 40' X 100'
aircraft hangar; and
A variance from Sections 17.13.040 (Area) and 17.13.050
(Yards) of the Borough Code to permit the hangar to encroach
25' into the required 75' front setback, 25' into the required 50'
setback along the south side lot line, 55' into the required 75'
rear setback, on a leased lot with 27,635 square feet. Lot 6A,
Block 1600, U.S. Survey 2539. (Kodiak State Airport)
DUANE DVORAK indicated 17 public hearing notices were
mailed for this case and 1 was returned, stating they had no
objection as long as the request was consistent with the general
airport long range plan. A letter from the applicant was
received on July 10, requesting postponement of this case until
the August, 1992 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 this case until the August, 1992 regular meeting and to hold
another public hearing at that time.
The motion was seconded and CARRIED by unanimous roll
call vote.
C) Case 92-018. Planning and Zoning Commission review, in
accordance with Section 17.03.090 (Similar Uses) of the
Borough Code, to determine that a second floor addition to an
existing small scale seafood processing plant is similar to
permitted uses in a B--Business zone, and is not obnoxious or
detrimental to the welfare of the community. Lot 18, Block 3,
New Kodiak Subdivision, 330 Shelikof Street.
DUANE DVORAK indicated 36 public hearing notices were
mailed for this case and 2 were returned, 1 stating non -
objection and one expressing concern about parking in the area
and the impact the expanded use would have on surrounding
businesses parking. Staff recommended approval of this
request.
COMMISSIONER HEINRICHS requested a determination of a
possible conflict of interest, as he is the agent for the applicant,
and he drew the plans for the proposed remodel. The
Commission determined there was a conflict and
COMMISSIONER HEINRICHS left the chambers for this case.
KIBS227700
P & Z Minutes: July 15, 1992 Page 4 of 10
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
There was some discussion among the Commission concerning
parking problems in the area and their concern that this
proposed change would expand the problem.
COMMISSIONER HODGINS MOVED TO DETERMINE, in
accordance with Section 17.03.090 (Similar Uses) of the
Borough Code, that a second floor addition to an existing small
scale seafood processing plant is similar to permitted uses in a
B--Business zone, and is not obnoxious or detrimental to the
welfare of the community; and to adopt the findings contained
in the staff report dated July 8, 1992 as "Findings of Fact" for
this case.
The motion was seconded and FAILED by a roll call vote of 2-
2. COMMISSIONERS ASPGREN and BONNEY voted NO.
Findings of fact were deferred until the August, 1992 regular
meeting.
COMMISSIONER HEINRICHS returned to the meeting.
D) Case S92-022. Request for preliminary approval of the
vacation of Lots 13, 14, 15, 16, 17, and 18, Block 2, Island
Lake Subdivision, and replat to Lots 13A, 15A, 16A, and 18A,
Block 2, Island Lake Subdivision. 3116 - 3188 Artic Tern.
DUANE DVORAK 38 indicated public hearing notices were
mailed and none were returned prior to the meeting, however,
a note was received from the agent (and adjacent property
owner) clarifying the status of the accessory building discussed
at last week's packet review. Staff recommended approval of
this request, subject to revised conditions.
Regular Session Closed.
Public Hearing Opened:
Scott Arndt, 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 vacation of Lots 13, 14, 15, 16, 17, and 18,
Block 2, Island Lake Subdivision, and replat to Lots 13A, 15A,
16A, and 18A, Block 2, Island Lake Subdivision; subject to the
following condition of approval; and to adopt the findings
KIBS227701
P & Z Minutes: July 15, 1992 Page 5 of 10
contained in the staff report dated July 2, 1992 as "Findings of
Fact" for this case.
CONDITION OF APPROVAL
1. Show the underground utility easement as depicted on
the revised preliminary plat submitted on July 6, 1992.
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.
E) Proposed new Zoning Districts: RNC--Rural Neighborhood
Commercial; UNC--Urban Neighborhood Commercial; RB--
Retail Business; and LI--Light Industrial (postponed from the
June 17, 1992 regular meeting).
LINDA FREED indicated that the Commission had held a
public hearing for this case at their June, 1992 meeting and
that it had been on worksession agendas for the past six
months. Also, the Borough Attorney had reviewed the new
zoning districts for content and legality, recommending several
changes, which were referenced in the staff report dated July 8,
1992. Staff recommended forwarding these new zoning
districts (draft date, July 15, 1992) with changes suggested by
the Borough Attorney, to the Borough Assembly with a
recommendation of approval.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO RECOMMEND to
the Kodiak Island Borough Assembly, the creation of the RNC--
Rural Neighborhood Commercial Zoning District as drafted on
July 15, 1992, with the deletion of paragraph B, Section
17.XX.090, District Regulations.
The motion was seconded and CARRIED by a roll call vote of
4-1. COMMISSIONER MATZELL voted NO.
KIBS227702
P & Z Minutes: July 15, 1992 Page 6 of 10
COMMISSIONER HEINRICHS MOVED TO RECOMMEND to
the Kodiak Island Borough Assembly, the creation of the UNC--
Urban Neighborhood Commercial Zoning District as drafted on
July 15, 1992.
The motion was seconded and CARRIED by a roll call vote of
4-1. COMMISSIONER MATZELL voted NO.
COMMISSIONER HEINRICHS MOVED TO RECOMMEND to
the Kodiak Island Borough Assembly, the creation of the RB--
Retail Business Zoning District as drafted on July 15, 1992.
The motion was seconded and CARRIED by a roll call vote of
4-1. COMMISSIONER MATZELL voted NO.
COMMISSIONER HEINRICHS MOVED TO RECOMMEND to
the Kodiak Island Borough Assembly, the creation of the LI--
Light Industrial Zoning District as drafted on July 15, 1992.
The motion was seconded and CARRIED by a roll call vote of
4-1. COMMISSIONER MATZELL voted NO.
COMMISSIONER HODGINS MOVED TO RECOMMEND
REVISIONS to KIBC Chapter 17.03.090 to make it consistent
with the intent of the new zoning districts, as presented in the
staff report dated July 8, 1992.
The motion was seconded and CARRIED by unanimous roll
call vote.
F) 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 June 17, 1992 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 approval of this request.
Regular Session Closed.
Public Hearing Opened:
Scott Arndt appeared before the Commission and expressed
support for this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HODGINS MOVED TO RECOMMEND that
the Kodiak Island Borough Assembly approve the rezoning of
Lots 4 through 9 and 11, Block 3, Lakeside Subdivision from I --
Industrial to LI--Light Industrial, and Lot 10, Block 3, Lakeside
Subdivision from PL--Public Use Land to NU --Natural Use, in
accordance with Section 17.72.030 of the Borough Code
KIBS227703
P & Z Minutes: July 15, 1992 Page 7 of 10
(subject to Assembly approval of the proposed new zoning
distrits) and to adopt the findings contained in the staff report
dated July 7, 1992 as "Findings of Fact" for this case.
The motion was seconded and CARRIED by unanimous roll
call vote.
VII. OLD BUSINESS
A) Case 92-012. Findings of fact for the granting of 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.
COMMISSIONER HEINRICHS MOVED TO ADOPT the findings
contained in the staff memorandum dated July 2, 1992, as
"Findings of Fact" for Case 92-012.
1. That the conditional use will preserve the value spirit
character and integrity of the surrounding area
The proposed will meet all the standards for a church, in
addition to the standards for the commercial use of the
proposed structure. The lot is surrounded on three (3)
sides by other B--Business property. Three (3) lots are
occupied by nonconforming residential uses and Lot 55A
is occupied by a commercial and residential
development. The dwelling on Lot 55A is permitted by a
Conditional Use Permit (Case 90-017). The residential
lots along the rear of Lot 53 are well below grade and if
properly screened should not be adversely impacted by
the granting of this Conditional Use Permit.
2. That the conditional use fulfills all other requirements of
this chapter pertaining to the conditional use in question
The conditional use will be required to fulfill all other
requirements of Chapter 17.21 (Business Zone) of the
Borough Code. An evaluation of the site plan for this
proposal indicates that the area available to develop off-
street parking on this site is somewhat less than
indicated on the plan. In addition, staff has calculated an
off-street parking requirement slightly higher than the
proposed parking plan provides for. Conditions of
approval addressing the scale of development are
necessary to approve this conditional use at a scale
suitable for the lot proposed. It may be necessary to
scale back the size of the building based on lot shape and
size to provide for adequate turning and maneuvering.
3. That granting the conditional use permit will not be
harmful to the public health safety, convenience and
comfort.
The proposed use will marginally increase traffic in the
area, but not to an extent that will result in any adverse
P & Z Minutes: July 15, 1992 KTBS227704
Page 8 of 10
VIII.
IX.
impacts. The proposed use will not be harmful to the
public's health, safety, convenience, or comfort if all
building, fire and plumbing codes are met in the process
of constructing the two-story business and church
building. In addition, all performance standards for the
B--Business zoning district, Section 17.21.050,
concerning groundcover, lighting, and screening will be
complied with.
The site has been regraded without benefit of a grading
permit. It is appropriate to require a grading plan and
proper completion of grading before any development is
permitted to occur on the site. In addition, a fence to
protect adjoining property owners is appropriate where
the grade of adjoining lots is substantially higher than
the finished grade of the proposed site.
4. The sufficient setbacks lot area buffers or other
safeguards are being provided to meet the conditions
listed in subsections A through C of this section.
Sufficient setbacks, buffers and other safeguards will be
provided to meet the conditions listed in subsection A
through C above if all applicable codes and required
conditions of approval are complied with. The codes
dealing with off-street parking require a fence separation
for parking areas serving commercial uses which are
adjacent to residential zones. This is beyond the
discretionary screening review also included in this case.
It appears from the site plan that the development
proposed may exceed the available area of this site in
terms of off-street parking. The scale of development is
contingent on availability of parking and availability of
parking is contingent on the regrading of the site in
accordance with the provisions of the applicable Uniform
Building Code.
The motion was seconded and CARRIED by unanimous roll
call vote.
There was no further old business.
NEW BUSINESS
There was no new business.
COMMUNICATIONS
COMMISSIONER HEINRICHS MOVED TO ACKNOWLEDGE
RECEIPT of items A through F of communications. The motion was
seconded and CARRIED by unanimous voice vote.
LINDA FREED pointed out Communications Item F, and stated that
the Parks and Recreation Committee was looking for Planning and
Zoning Commission support of their resolution recommending
development of "Smokeys Dump" into a softball field/sports complex
area. After some discussion, the Commission decided to
KIBS227705
P & Z Minutes: July 15, 1992 Page 9 of 10
acknowledge receipt of the resolution, but not to forward it to the
Assembly until they had a chance to discuss it at a worksession.
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.
There were no further reports.
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
XIII. ADJOURNMENT
CHAIR ASPGREN adjourned the meeting at 8:25.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
ATTEST
By:
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: August 19, 1992
Y-IBS227706
P & Z Minutes: July 15, 1992 Page 10 of 10
