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1992-10-21 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - OCTOBER 21, 1992 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Vice Chair Jody Hodgins on October 21, 1992 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jody Hodgins, Vice Chair Tuck Bonney Jerrol Friend Robin Heinrichs Clay Koplin Commissioners Absent: Jon Aspgren - Excused One position vacant A quorum was established. APPROVAL OF AGENDA Others Present: 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 October 2, 1992 to Nick and Theresa Brigman from Eileen Probasco, RE: Notification letter on Case 92-019. B) Letter dated October 2, 1992 to Bill Magnuson, from Bob Scholze, RE: Lot 5, Block 7, Monashka Bay Subdivision, property clean-up. C) Letter dated October 9, 1992 to William Bishop from Marcella Dalke, City of Kodiak Clerk, RE: Notification of results of Appeal on Case 92-018. D) NOTICE (to be placed in Borough Newspage, and mailed to individuals who have been granted exceptions) concerning possible deletion of KIBC Section 17.65 Exceptions, from the Borough Code. COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. KIBS227756 P & Z Minutes: October 21, 1992 Page 1 of 6 IV. MINUTES OF PREVIOUS MEETING COMMISSIONER FRIEND MOVED TO ACCEPT the minutes of the September 30, 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 92-032. Request for a rezone, in accordance with Section 17.72.030B (Manner of Initiation) of the Borough Code, of Lot 16A-2, U.S. Survey 3099, from RR1--Rural Residential One to R-2--Two Family Residential. 2400 Spruce Cape Road. COMMISSIONER HEINRICHS declared a possible conflict of interest, as he would be the contractor for the applicant, should the rezone be approved and the duplex constructed. VICE CHAIR HODGINS determined there was a conflict, and COMMISSIONER HEINRICHS was excused from taking action this case. DUANE DVORAK indicated 26 public hearing notices were mailed for this case and 3 were returned, opposing this request. Staff recommended forwarding this request to the Borough Assembly recommending approval. Regular Session Closed. Public Hearing Opened: Bill Hinkle appeared before the Commission and expressed opposition to this request. Bruce Beehler appeared before the Commission and expressed opposition to this request. Okey Chandler appeared before the Commission and expressed opposition to this request. Marcilee Jones, property owner, appeared before the Commission and expressed support for this request. Dale Finlay appeared before the Commission and expressed opposition to this request. Harold Jones, property owner, appeared before the Commission and expressed support for this request. Okey Chandler appeared again before the Commission and expressed opposition to this request. Kristina Hinkle appeared before the Commission and expressed opposition to this request. KIBS227757 P & Z Minutes: October 21, 1992 Page 2 of 6 Janice Finlay appeared before the Commission and expressed opposition to this request, and presented the staff with a petition containing 18 signatures of surrounding property owners, also opposing the request. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND expressed concern about the mention of the restricted access provided to the lot proposed for rezoning. DUANE DVORAK gave a brief history of the subdivision of Lot 16A and the resulting plat. COMMISSIONER FRIEND MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve a rezone, in accordance with Section 17.72.030B (Manner of Initiation) of the Borough Code, of Lot 16A-2, U.S. Survey 3099, from RR1-- Rural Residential One to R2--Two-family Residential and to adopt the findings contained in the staff report dated October 12, 1992, as "Findings of Fact" for this case. FINDINGS OF FACT 1. Findings as to the Need and Justification for a change or Amendment. The rezone of Lot 16A-2, USS 3099, from RR1--Rural Residential One to R2--Two-family Residential is necessary and justified because the R2--Two-family Residential Zoning District permits development that: A. is generally consistent with the development trends in this area; B. is suitable for the property, given the physical characteristics and location of the lot; C. will not create any nonconforming land uses on the lot identified for rezone. D. is consistent with the existing and anticipated future development of this area. E. will not significantly impact the traffic volume or patterns of the area. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1968 comprehensive plan identifies this area for Mobile Home Courts. As noted in the staff report for the rezone of the surrounding lots to R2--Two-family Residential, R2 zoning is perceived to have a lower density of development and would be more compatible with development in the surrounding area. The lot is too small now, after being subdivided, to support a mobile KIBS227758 P & Z Minutes: October 21, 1992 Page 3 of 6 home court. A rezone of Lot 16A-2 to R2--Two-family Residential is consistent with the original rezone of the lots surrounding it to R2. Therefore, the request is generally consistent with the comprehensive plan and fulfills the objectives of the comprehensive plan to the same extent as the surrounding lots. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS returned to the meeting. B) Case 92-028. Request for a use variance from Section 17.36.030 (Non -conforming Lots of Record) of the Borough Code, to permit a triplex to locate on a non -conforming lot of record (containing 5,499 square feet) in the R-3--Multi Family Residential Zoning District, where only a single family dwelling is permitted due to substandard lot area and width. Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive (postponed from the September, 1992 regular meeting). DUANE DVORAK indicated 43 public hearing notices were mailed for this case and 5 were returned, 4 opposing, and 1 stating non -objection to this request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: Judith Accaragui, property owner, appeared before the Commission and expressed support for this request. Scott Arndt appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS expressed concern for adequate parking on the lot if the proposed triplex were built, and suggested that a condition of approval could be added to address that concern. COMMISSIONER BONNEY MOVED TO GRANT a use variance from Section 17.36.030 (Non -conforming Lots of Record) of the Borough Code, to permit a triplex to locate on a non- conforming lot of record (containing 5,499 square feet) in the R3--Multi-family Residential zoning district, on Lot 28, Block 3, Erskine Subdivision. The motion was seconded. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION to include one condition of approval: 1. The applicant must provide a plot plan, including parking designation, that meets the requirements of the Borough Code. KIBS227759 P & Z Minutes: October 21, 1992 Page 4 of 6 The AMENDMENT was seconded and CARRIED by a roll call vote of 4-1. COMMISSIONER BONNEY voted NO. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. Findings of fact for this case were postponed until the November regular meeting. II. OLD BUSINESS There was no old business. VIII. NEW BUSINESS A) Proposed draft code section to create a procedure to permit right-of-way acquisition under Title 16 (Subdivisions) of the Borough Code. DUANE DVORAK gave a brief history of this proposed code change. Staff recommended the Commission review the draft of proposed changes at a future worksession and schedule this item for a public hearing at the next regular meeting. COMMISSIONER FRIEND MOVED TO INITIATE the development of a new chapter of Title 16 (Subdivisions) of the Borough Code, establishing a procedure to permit right-of-way acquisition, and schedule this item for public hearing at the November 18, 1992 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. B) Proposed draft code section regarding Flood Damage Prevention and establishing review criteria and procedures under Title 17 (Zoning) of the Borough Code. DUANE DVORAK gave a brief history of this proposed code addition. Staff recommended the Commission review the draft of proposed additions at a future worksession and schedule this item for a public hearing at the December, 1992 regular meeting. COMMISSIONER HEINRICHS MOVED TO INITIATE the development of a new chapter of Title 17 (Zoning) of the Borough Code, establishing review criteria and procedures for Flood Damage Prevention, and schedule this item for a public hearing at the December, 1992 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. IX. COMMUNICATIONS COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of items A through D of communications. The motion was seconded and CARRIED by unanimous voice vote. YJBS227760 P & Z Minutes: October 21, 1992 Page 5 of 6 A) Letter dated October 2, 1992 to Nick and Theresa Brigman from Eileen Probasco, Secretary, RE: Notification letter on Case 92-019. B) Letter dated October 2, 1992 to Bill Magnuson, from Bob Scholze, RE: Lot 5, Block 7, Monashka Bay Subdivision, property clean-up. C) Letter dated October 9, 1992 to William Bishop from Marcella Dalke, City of Kodiak Clerk, RE: Notification of results of Appeal on Case 92-018. D) NOTICE (to be placed in Borough Newspage, and mailed to individuals who have been granted exceptions) concerning possible deletion of KIBC Section 17.65 Exceptions, from the Borough Code. There were no further communications. X. REPORTS COMMISSIONER HEINRICHS MOVED TO ACKNOWLEDGE RECEIPT of item B of reports. The motion was seconded and CARRIED by unanimous voice vote. 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 VICE CHAIR HODGINS adjourned the meeting at 9:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: *1,k Jody Hod i s, Vice hair ATTEST By: Y, Ve Pt42✓h _ Eileen Probasco, Secretary Community Development Department DATE APPROVED: November 18, 1992 KIBS227761 P & Z Minutes: October 21, 1992 Page 6 of 6