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1994-02-16 Regular MeetingI II KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - FEBRUARY 16, 1994 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission called to order at 7:35 p.m. by Acting Chair Jerrol Friend February 16, 1994 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jerrol Friend, Acting Chair Bruce Barrett Tuck Bonney Jeff Knauf Pat Szabo Commissioners Absent: Jon Aspgren - Excused Renie Anuncion - 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 revisions to the agenda: ADDITIONS IX COMMUNICATIONS A) Letter dated January 27, 1994 to Community Development Department from Michael Anderson, RE: Withdrawal of Case S93-034 from February agenda. B) Letter dated January 26, 1994 to Eric Bennett from Duane Dvorak, RE: Revocation of Zoning Compliance permit on Lot 16A, Block 1, Leite Addition. C) Letter dated January 27, 1994 to Tony Perez from Bob Scholze, RE: Junk, scrap salvage and outdoor storage on Lot IA and Lot 8, Perez Estates Subdivision. D) Magazine article from January 3, 1994 FORBES by Robert H. Nelson, titled The Zoning Racket. E) Horseshoe Lake Community Association newsletter dated February 5, 1994. P & Z Minutes: February 16, 1994 Page 1 of 12 W11 F) Letter dated February 16, 1994 to Tony Perez from Bob Scholze, RE: Non compliance with minimum separation distance between trailers on Lot 13, U.S. Survey 3098. G) Thank you note to Linda Freed from Sue Blott, Kodiak High School Teacher, RE: Presentation to classes about planning and zoning, and the purpose of the Planning and Zoning Commission. DELETIONS D) CASE: S94-001 APPLICANT: Michael Anderson AGENT: Ecklund Surveying REQUEST: Preliminary approval of the subdivision of Lot 4, Block 1, Kadiak Alaska Subdivision, 1st Addition, creating Lots 4A, 413, 4C and 4D, Block 1, Kadiak Alaska Subdivision, 1st Addition. LOCATION: 3420 Rezanof Drive ZONING: B--Business This case was deleted from the agenda upon request from the applicant. COMMISSIONER SZABO MOVED TO ACCEPT the agenda with the revisions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER SZABO MOVED TO ACCEPT the minutes of the January 19, 1994 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 94-001. Request for a variance from Section 17.18.050 C. (Rear Yard) of the Borough Code to permit an existing garage addition to project 8.2 feet into the required 10 foot rear setback on a nonconforming lot with only 4,669 square feet of area. Lot 13, Leite Subdivision. 1311 Mission Road. (Postponed from the January 19, 1994 regular meeting). DUANE DVORAK indicated 50 public hearing notices were mailed for this case this month and 2 were returned stating non -objection to this request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: P & Z Minutes: February 16, 1994 Page 2 of 12 1 q Bob Murphy, applicant, appeared before the Commission to express support for this request and to answer questions. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO GRANT a request for a variance from Section 17.18.050 C. (Rear Yard) of the Borough Code to permit an existing garage addition to project 8.2 feet into the required 10 foot rear setback on a nonconforming lot with only 4,669 square feet of area on Lot 13, Leite Subdivision, subject to the following conditions: 1. The integrity of the garage will be maintained, requiring 300 square feet of area to be reserved for two parking places. 2. No further expansion of the building footprint of the existing structure on the subject property will be permitted. 3. If the structure is moved or destroyed by more than 50% of the replacement cost, then any new structure must be rebuilt in conformity with the current building codes, and the rear setback must be ten feet, or to current code, whichever is less The motion was seconded. COMMISSIONERS BONNEY expressed his opinion that the variance request should be approved because strict application of the code would cause unnecessary hardship and difficulty to the property owner, that the addition has been in existence for over ten years without any complaints from neighboring property owners, and that the addition was constructed by someone else. He felt that granting this variance with the suggested conditions, would not give the applicants any special property rights, which neighboring property owners do not have. COMMISSIONER SZABO stated that, although she tried to justify granting this variance, she felt that it should only be granted if it met all of the required findings. She could not vote to approve the request because she agreed with staffs suggested finding #1, that there were NOT 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. She was also concerned that approving this request would set a precedent. COMMISSIONERS BARRETT and FRIEND expressed their concurrence with COMMISSIONER BONNEY'S comments. The question was called and motion CARRIED by a roll call vote of 4-1. COMMISSIONER SZABO voted no. P & Z Minutes: February 16, 1994 Page 3 of 12 �i 0 COMMISSIONER BARRETT MOVED TO POSTPONE findings of fact until the March 16, 1994 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 94-003. Request for a conditional use permit, in accordance with Section 17.14.040 (Conditional Uses) of the Borough Code to permit a lodge complex with provisions for up to forty (40) clients, including associated accessory structures, an airstrip, seafood processing facility, timber product processing facility, and roadway to be located on an RD--Rural Development parcel consisting of 25.33 acres. U.S. Survey 1450, generally located in Portage Bay, on the Alaska Peninsula. COMMISSIONER KNAUF declared he had a conflict of interest, as he was the applicant for this case. CHAIR FRIEND determined there was a conflict and COMMISSIONER KNAUF was excused from the Commission. DUANE DVORAK indicated 10 public hearing notices were mailed for this case and 1 was returned, expressing concern for the impact the proposed development would have on archaeological resources in the area. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Jeff Knauf, applicant, appeared before the Commission to express support for this request and to answer questions. COMMISSIONER BARRETT asked Mr. Knauf about his proposed timber product processing facility. Mr. Knauf stated that he had inadvertently added that phrase, as his intentions were strictly for a small scale operation, something adequate for construction projects contained on the property. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO GRANT a request for a conditional use permit, in accordance with Section 17.14.040 (Conditional Uses) of the Borough Code to permit a lodge complex with provisions for up to forty (40) clients, including associated accessory structures, an airstrip, seafood processing facility, and a roadway to be located on U.S. Survey 1450, on a 25.33 acre parcel of land generally located along Portage Bay on the Alaska Peninsula; subject to the conditions of approval contained in the staff report dated January 31, 1994; and to adopt the findings contained in the staff report dated January 31, 1994 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL P & Z Minutes: February 16, 1994 Page 4 of 12 -,k I 1. Plans and methods for the storage of fuel and oil shall be in accordance with any requirements specified by the Alaska Department of Environmental Conservation or the Environmental Protection Agency, as applicable. 2. The applicant must provide documentation, prior to the issuance of zoning compliance, that an appropriate and qualified individual or agency has been contacted about the potential historical and archaeological values associated with the site. 3. The applicant must provide documentation, prior to the issuance of zoning compliance, that the Alaska Department of Environmental Conservation has been notified of the planned development and that the appropriate review of water, wastewater and solid waste disposal plans has been initiated. 4. The applicant must provide documentation, prior to the issuance of zoning compliance, that the Alaska Department of Fish and Game has reviewed the site plan and acknowledged that the siting of structures is in accordance with applicable ADF&G regulations. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The conditional uses will preserve the value, spirit, character and integrity of the area surrounding Portage Bay because reasonable conditions will be placed on the approval to ensure compliance with all current codes, regulations and applicable coastal policies. Because the site is an isolated inholding in the Becharof National Wildlife Refuge, the cumulative impact of development will not be a concern. Conditions of approval will ensure compliance with many State and federal requirements of development before zoning compliance is issued. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The lodge operation, seafood processing facility and airstrip, when constructed to the applicable Borough, State and federal standards, will fulfill all other requirements of the RD--Rural Development zoning district. Lodge operations are a permitted use in the zone and the requirement for a conditional use permit is related primarily to the magnitude of the development, not the use in particular. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. P & Z Minutes: February 16, 1994 Page 5 of 12 a� Granting the conditional use will not be harmful to the public health, safety, convenience and comfort. This site has historically been used as a town site for up to 200 people when the town was established as a base camp for oil exploration activities in the area. As a matter of degree, a lodge operation, seafood processing plant, and related airstrip will result in far less impact to the surrounding area when developed to current Borough, State and federal standards. By building the lodge structures, fish processing facilities and related accessory buildings to the current code standards, the effect of development on public health and safety should be minimal. The Borough does not provide water, sewer, fire protection or other municipal services to this area anyway. There are no other private lands or other developed uses in the vicinity of this proposed development. Lodge development adjoining the Becharof Refuge Boundary should enhance the public convenience and comfort by making the refuge more accessible to the public. Conditions of approval and stipulations required by State and federal agencies will ensure, to the extent feasible, that the operation of the lodge and related facilities does not negatively impact land and water quality or important fish and wildlife resources in the area. 4. That 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 RD--Rural Development zoning district, as recently amended, provides for reasonable setbacks, lot area and lot width, to ensure that the development on the site will not adversely affect other land uses in the vicinity of this development. The zone provides for maximum lot coverage of 55,169 square feet for structures located on this site. In addition, cumulative impacts of development will not be a factor because there are no other privately owned parcels in the vicinity. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER KNAUF returned to the dias. C) Case 94-005. Request for a variance from Section 17.17.050, (Yards) of the Borough Code to permit a single-family dwelling with 2 proposed additions to encroach no more than 19.5 feet into the required 25 foot front setback and 11 feet into the required side setback, on a lot in the RR1--Rural Residential One Zoning District. Lot 8, Block 4, Mountain View Subdivision, 2nd Addition. 2632 Devil's Prong. P & Z Minutes: February 16, 1994 Page 6 of 12 �� DUANE DVORAK indicated 39 public hearing notices were mailed for this case and 2 were returned, stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Tiffany Takao appeared before the Commission to answer a question from COMMISSIONER SZABO concerning their plans for re-construciton of the front deck. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO MOVED TO GRANT a variance from Section 17.17.050, (Yards) of the Borough Code to permit a single-family dwelling with 2 proposed additions to encroach no more than 19.5 feet into the required 25 foot front setback and 11 feet into the required side setback, on a Lot 8, Block 4, Mountain View Subdivision 2nd Addition; subject to the condition of approval contained in the staff report dated January 31, 1994; and to adopt the findings contained in the staff report dated January 31, 1994, as "Findings of Fact" for this case. '-- CONDITION OF APPROVAL 1. A zoning compliance permit and building permit must be obtained for the existing 20 foot by 20 foot deck addition before additional permits will be issued for new additions permitted by this variance. G et-11i dell-ZKO) A WIT-0 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 condition is the steep slope at the front of the lot. The house was placed at the top of the slope as near to the existing roadway as possible. The existing roadway in front of the house is located well outside the established right-of-way on the opposite side of the right-of-way. The location of the existing dwelling likely reflects an effort on the part of the previous land owners to get as close to the roadway as possible while still locating the structure on Lot 8. At the time the only access to the dwelling was an unenclosed stairway from the established parking area next to the road. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Due to the exceptional conditions affecting the lot noted above, denial of the variance would constitute practical P & Z Minutes: February 16, 1994 Page 7 of 12 )�'I difficulty and unnecessary hardship to the property owner. The encroachment of the existing dwelling and proposed additions are reasonable developments in a residential district that would likely be permitted on other lots in the area. 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 front and side setbacks will not result in material damage or prejudice to other property owners in the vicinity. Due to the large lot size and generous setbacks required in the RR1--Rural Residential One zoning district, adequate separation of structures will be maintained if the variance is granted. The proposed additions will meet all current zoning and building code requirements and will not affect the availability of off-street parking in any way. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for large lot, low density Residential development. The additions will not increase the existing density of development or alter any permitted 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. Actions of the applicant have not caused the conditions for which relief is being sought by variance. This request will have been decided before any construction is initiated by the applicants. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family dwellings, and additions to same, are permitted in all residential zoning districts. The motion was seconded. COMMISSIONER SZABO expressed concern about further structural expansion into the front yard. She felt that an addition on the side of the house, as stated in the request, was appropriate, considering the limited buildable area of the lot, but that the front of the house should not extend any further into the front setback than it already did. COMMISSIONER SZABO MOVED TO AMEND the main motion to permit one proposed addition that encroaches in the P & Z Minutes: February 16, 1994 Page 8 of 12 __ front yard setback along the front line of the existing house, and for the 20' extension of that addition. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. D) Case S94-001. Request for preliminary approval of the subdivision of Lot 4, Block 1, Kadiak Alaska Subdivision, 1st Addition, creating Lots 4A, 4B, 4C and 4D, Block 1, Kadiak Alaska Subdivision, 1st Addition. This case was deleted from the agenda upon requestfrom the applicant. VII. OLD BUSINESS A) Election of Officers (Postponed from the January 19, 1994 regular meeting) Jerrol Friend was elected as CHAIR by unanimous acclamation. Jeff Knauf was elected as VICE CHAIR by unanimous acclamation. B) Appointment of Commission representative to the Parks and Recreation Committee (Postponed from the January 19, 1994 regular meeting) COMMISSIONERS BARRETT and BONNEY volunteered to serve as the Planning and Zoning Commission representative to the Parks and Recreation Committee. COMMISSIONER KNAUF volunteered to be the alternate representative. There was no further old business. VIII. NEW BUSINESS A) Case 94-005. Review by the Planning and Zoning Commission, in accordance with Section 18.20.030 (Review by Commission) of the Borough Code, of a disposal of interest in a Borough right-of-way by license, for fair market value, to permit the encroachment of a 5' x 5' well house and other residential improvements in the Devil's Prong right-of-way. Lot 8, Block 4, Mountain View Subdivision, 2nd Addition. 2632 Devil's Prong. DUANE DVORAK indicated staff recommended the Commission forward this request to the Borough Assembly by adopting a resolution recommending approval, subject to the conditions set forth by the Borough Resource Management Officer. P & Z Minutes: February 16, 1994 Page 9 of 12 COMMISSIONER SZABO MOVED TO ADOPT the following resolution containing a recommendation to the Borough Assembly regarding the land disposal reviewed by the Commission in Case 94-004. Now Therefore, be it resolved by the Kodiak Island Borough Planning and Zoning Commission, That the disposal by license, for fair market value, of a portion of the Devil's Prong right-of-way near Lot 8, Block 4, Mountain View Subdivision 2nd Addition, to accommodate an existing well and other improvements related to the dwelling on said lot, is recommended for approval by the Kodiak Island Borough Assembly subject to the conditions of approval set forth in the Resource Management Officer's memorandum dated February 7, 1994 by reference. CONDITIONS OF APPROVAL 1. The license is revocable at any time. 2. The Borough will be held harmless. 3. Should a new well be installed on the property due to failure of the existing well or for any other purpose, the new well will be located on the parcel. 4. The license will be recorded and made part of the property's permanent record. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 94-006. Review by the Planning and Zoning Commission, in accordance with Section 18.20.030 (Review by Commission) of the Borough Code, of a disposal of an interest in Borough land by lease, for fair market value, to permit a 160 foot transmitter tower, a 27 foot wide satellite antenna and a 20' x 20' equipment building to be located on a portion of a lot in the PL--Public Use Land Zoning District. A portion (about 3900 square feet) of Lot 5A-1, U.S. Survey 2538A, near Egan Way, off Rezanof Drive. DUANE DVORAK indicated staff recommended the Commission forward this request to the Borough Assembly by adopting a resolution recommending approval, subject to conditions. COMMISSIONER KNAUF MOVED TO ADOPT the following resolution containing a recommendation to the Borough Assembly regarding the land disposal reviewed by the Commission in Case 94-006. Now Therefore, be it resolved by the Kodiak Island Borough Planning and Zoning Commission, P & Z Minutes: February 16, 1994 Page 10 of 12 Z � That the disposal by lease, for fair market value, of two (2) portions of Lot 5A-1, U. S. Survey 2538A, totaling about 3,900 square feet in area, to permit the development of a transmitter tower, satellite ground station and associated equipment/support building, is recommended for approval by the Kodiak Island Borough Assembly subject to the conditions of approval set forth below: 1. The location, dimensional requirements and aesthetic mitigation requirements for the proposed use will be determined by negotiation of the lease agreement and established by conditions of approval as part of the required conditional use permit. The motion was seconded and CARRIED by unanimous roll call vote. IX. COMMUNICATIONS COMMISSIONER SZABO MOVED TO ACKNOWLEDGE RECEIPT of items A through G of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated January 27, 1994 to Community Development Department from Michael Anderson, RE: Withdrawal of Case S93-034 from February agenda. B) Letter dated January 26, 1994 to Eric Bennett from Duane Dvorak, RE: Revocation of Zoning Compliance permit on Lot 16A, Block 1, Leite Addition. C) Letter dated January 27, 1994 to Tony Perez from Bob Scholze, RE: Junk, scrap salvage and outdoor storage on Lot IA and Lot 8, Perez Estates Subdivision. D) Magazine article from January 3, 1994 FORBES by Robert H. Nelson, titled The Zoning Racket. E) Horseshoe Lake Community Association newsletter dated February 5, 1994. F) Letter dated February 16, 1994 to Tony Perez from Bob Scholze, RE: Non compliance with minimum separation distance between trailers on Lot 13, U.S. Survey 3098. G) Thank you note to Linda Freed from Sue Blott, Kodiak High School Teacher, RE: Presentation to classes about planning and zoning, and the purpose of the Planning and Zoning Commission. There were no further communications. X. REPORTS LINDA FREED indicated that the Community Development Department monthly status report was not completed in time to be included in the packet. She also reported that the Planning Commissioners training originally scheduled for March would be P & Z Minutes: February 16, 1994 Page 11 of 12 a g rescheduled for a later date, due to illness of the Coordinator. In addition, a training session on parlaimentary procedure was being planned by the Borough Clerk, for presentation to boards and commissions. The Commission would be notified when it was scheduled. MS. FREED also informed the Commission of several bills pending in the State Legislature, concerning disposal of State land and resources, particularly State oil and gas lease sales. She indicated that the outcome of these bills could have significant impact on coastal management plans and offshore sales throughout the state, and how the planning process relates to permitting activities. COMMISSIONER SZABO MOVED TO ACKNOWLEDGE RECEIPT reports. The motion was seconded and CARRIED by unanimous voice vote. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS CHAIR FRIEND welcomed COMMISSIONERS BARRETT and KNAUF to the Commission. He reported the following upcoming meetings: February 23, 1994 - Worksession - Continued discussion of SRO (Single Residence Occupancies) and boarding houses February 24, 1994 - Joint worksession with Borough Assembly - Continued discussion of current zoning of Lakeside Subdivision, Block 3. March 2, 1994 - Worksession - Continued discussion of revisions to the Kodiak Island Borough Coastal Management Program, with Jon Isaacs in attendance. March 9, 1994 - Packet review worksession March 16, 1994 - Regular meeting XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 8:40 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION go Friend, Chair ATTEST By: ��,C pxl Eileen Probasco, Secretary Community Development Department DATE APPROVED: March 16, 1994 P & Z Minutes: February 16, 1994 Page 12 of 12 ),q