Loading...
1994-03-16 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MARCH 16, 1994 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Jerrol Friend on March 16, 1994 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Jerrol Friend, Chair Duane Dvorak, Associate Planner Renato Asuncion Community Development Dept. Tuck Bonney Eileen Probasco, Secretary Jeff Knauf Community Development Dept. Pat Szabo Commissioners Absent: Jon Aspgren - Resigned effective March 16, 1994 Bruce Barrett - Excused A quorum was established. III. APPROVAL OF AGENDA Staff reported the following revisions to the agenda: DELETIONS VI PUBLIC HEARINGS H) CASE: S94-005 APPLICANT: Mill Bay Builders AGENT: Horizon Surveying REQUEST: Preliminary approval of the vacation of a 20 foot utility easement on Lot 9D, U.S. Survey 3099 and the creation of a 20 foot utility easement between Lots 9A & 9D, and 9B & 9C, U.S. Survey 3099. LOCATION: 2726 & 2736, Rezanof Drive East, and 2695 & 2679 Spruce Cape Road. ZONING: R1--Single-family Residential This request was deleted from the agenda upon the request of the applicant. IX COMMUNICATIONS P & Z Minutes: March 16, 1994 Page 1 of 20 A) Letter dated March 2, 1994 to Ralph Vetter from Bob Scholze, RE: Illegal dwelling on Lot 11, Block 3, Russian Creek Subdivision (12108 Noch Drive) B) Letter dated March 3, 1994 to Daniel & Hildar Olsen from Bob Scholze, RE: Illegal dwelling and non -permitted fishing gear storage on Lot 11, Block 3, Russian Creek Subdivision (12108 Noch Drive) C) Magazine Article from Western Planner, Recent Alaska Zoning Cases, by Lee Sharp. D) Letter dated March 8, 1994 to Fred Brechan from Bob Scholze, RE: Illegal dwelling on Tract 132-1, U.S. Survey 3218 (3110 Mill Bay Road). E) Letter dated March 11, 1994 to Jeffery Veltri from Bob Scholze, RE: Construction without permits at Lot 18, U.S. Survey 3098, 2020 Mill Bay Road. F) March 16, 1994 letter from Jon Aspgren, resigning from the Planning and Zoning Commission. 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 stated that one word on page 3 of the February minutes, concerning her statement on case S94-001, needed to be changed from precedence to precedent. The clerk noted the change. COMMISSIONER SZABO MOVED TO ACCEPT the minutes of the February 16, 1994 Planning and Zoning Commission regular meeting with the change noted. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Bob and Meesha Murphy appeared before the Commission to ask questions concerning the proposed findings of fact for their approved variance. The Murphys questions were addressed by staff, and they thanked staff for the clarification. A) Case 94-012. Planning and Zoning Commission determination, per Section 17.36.050.0 (Non -conforming Uses of Structures) of the Borough Code, that a small convenience store and video arcade is equally appropriate or more appropriate to the district than the existing non -conforming auto body repair and paint shop. 2657 Metrokin Way, Lot 23B, U.S. Survey 3099 COMMISSIONER SZABO MOVED TO FIND, in accordance with Section 17.36.050.0 of the Borough Code, that the use of P & Z Minutes: March 16, 1994 Page 2 of 20 3 7 the commercial structure on Lot 23B, U.S. Survey 3099, for a convenience store and video arcade is equal to, or more appropriate than the present automobile repair and painting use located there as a nonconforming use in the R1--Single- family Residential zoning district; and to adopt the findings contained in the staff report dated March 2, 1994, as "Findings of Fact" for this case. FINDINGS OF FACT 1. The use of the structure for a convenience store and video arcade will not result in any direct off -site impacts to surrounding properties. 2. The proposed store and arcade use will benefit the residents of the area by providing a convenient shopping area within walking distance of the nearby mobile home park, and recreation for children and adults in the area as well. 3. The proposed store use may increase traffic compared to the existing auto repair business, but will likely reduce traffic generation to other, more distant shopping destinations. The change of use, therefore, will most likely provide off -setting traffic patterns that, while different from the existing pattern, will probably result in �— no net increase in traffic. The motion was seconded and CARRIED by unanimous roll call vote. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 94-007. Request for a conditional use permit, in accordance with Section 17.13.040.4 (Conditional Uses) of the Borough Code to permit an existing lodge complex with provisions for up to twelve (12) clients, including associated accessory structures, that is located on a 6.83 acre parcel in the C--Conservation Zoning District. U.S. Survey 1973, Generally located in Zachar Bay, on the west side of Kodiak Island. DUANE DVORAK indicated 14 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 KNAUF MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.13.040.4 P & Z Minutes: March 16, 1994 Page 3 of 20 2 w (Conditional Uses) of the Borough Code to permit an existing lodge complex with provisions for up to twelve (12) clients, including associated accessory structures on U.S. Survey 1973, a 6.83 acre parcel in the C--Conservation Zoning District; and to adopt the findings contained in the staff report dated March 8, 1994, as "Findings of Fact" for this case. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The conditional use permit will preserve the value, spirit, character and integrity of the surrounding area because it does not permit any new development or expansion of an existing use. The lodge operation has less impact on the surrounding area than the original fish cannery. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the information provided by the applicant and other information contained in Borough files, it appears that the conditional use will fulfill all other requirements of the C--Conservation zoning district. If there are nonconforming structures by virtue of setback encroachment, the approval of this CUP will not make them conforming. Most of the structures on the site were built before the advent of zoning in the area and their locations are, therefore, grandfathered. All new construction or uses will be required to comply with the provisions of the zoning district in effect when permits are issued. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. Because this CUP does not permit new development or expansion of an existing use, the granting of the CUP will not be harmful to the public health, safety, convenience and comfort. 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. Because the surrounding area is undeveloped and located in the Kodiak National Wildlife Refuge, a CUP that does not permit new development or expansion of an existing use will meet the conditions listed in subsections A through C of this section. The motion was seconded and CARRIED by unanimous roll call vote. P & Z Minutes: March 16, 1994 Page 4 of 20 Z V B) Case 94-008. Request for a rezone, in accordance with Section 17.72.030 C (Manner of Initiation) of the Borough Code, of approximately 29.5 acres of land, comprising the Kodiak Baptist Mission, from RR1--Rural Residential One to UNC-- Urban Neighborhood Commercial; and A conditional use permit, in accordance with Section 17.23.040 (Conditional Uses) of the Borough Code to permit the continued use of the grandfathered group home facility (including residential child care, alternate activities program for youth, and youth training through sale house activities) located at the Kodiak Baptist Mission. U.S. Survey 3511; Lots 2-5 & 13-16, U.S. Survey 1822; U.S. Survey 2843 (Mission), and Block 3, U.S. Survey 3066AB. 1944 - 2290 Rezanof Drive East. DUANE DVORAK indicated 57 public hearing notices were mailed for this case and 3 were returned, opposing this request. Staff recommended the Commission postpone the rezone request and expand the scope of investigation to include additional lots, and to hold another public hearing at the April, 20, 1994 regular meeting. Staff also recommended approval of the conditional use permit, subject to approval of the rezone. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNAUF MOVED TO POSTPONE Case 94- 008 until the April 20, 1994, regular Commission meeting and to hold another public hearing at that time, and to expand the scope of the request to include the following lots: Lot 23, U.S. Survey 3098; Lots 24A - 24E, U.S. Survey 3098; Lot 6, U.S. Survey 3511; Lot 1, Block 1, U.S. Survey 1822; Lots zoned RR1--Rural Residential One in U.S. Survey 3066 A/B and U.S. Survey 2739. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER BONNEY MOVED TO APPROVE a conditional use permit, in accordance with Section 17.23.040 (Conditional Uses) of the Borough Code to permit the continued use of the institutional group home facility, (including residential child care, alternate activities program for youth, and youth training through sale house activities) located at the Kodiak Baptist Mission complex, subject to the approval, by the Borough Assembly, of a rezone of the site to UNC--Urban Neighborhood Commercial; and to adopt the findings contained in the staff report dated March 8, 1994 as "Findings of Fact' for this case. The MOTION was seconded. P & Z Minutes: March 16, 1994 Page 5 of 20 Vpp COMMISSIONER SZABO expressed her concern at approving the conditional use permit prior to approval of the rezone request. She suggested a motion to postpone. COMMISSIONER SZABO MOVED TO POSTPONE action on the conditional use permit in Case 94-008, until after the Commission has made a recommendtion to the Assembly on the pending rezone requst. The motion was seconded and CARRIED by unanimous roll call vote. C) Case 94-009. Request for a variance from Section 17.18.050 A (Front Yards) of the Borough Code to permit a proposed single-family residence to project no more than 18 feet into the required 25 foot front setback, on a lot in an R1--Single-family Residential Zoning District. Lot 1 (Remainder), Block 2, Southeast Addition, 1213 West Kouskov Street. DUANE DVORAK indicated 28 public hearing notices were mailed for this case and 2 were returned stating non -objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Harold Jones, applicant, appeared before the Commission to answer questions and to express support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO GRANT a variance from Section 17.18.050 A (Front Yards) of the Borough Code to permit a proposed Single-family residence to project no more than 18' into the required 25' front setback, on a lot in an R1-- Single-family Residential Zoning District and to adopt the findings contained in the staff report dated March 3, 1994 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 physical condition applicable to the lot is the slope of the upland portion of the lot and the fact that 40% of the lot area is undevelopable due to a steep break in topography. This is compounded by the largely perceptual condition that causes people to treat the water side of waterfront property as the "front yard" of the property. P & Z Minutes: March 16, 1994 Page 6 of 20 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances would likely deny the property owners the option of developing an enclosed off-street parking area. This would be an unnecessary hardship when other land owners in the area have been permitted in the past to develop enclosed garage and accessory buildings that encroach the front and rear setbacks of their lots. People tend to perceive the front of a waterfront lot to be on the water side. The Commission usually considers front yards to be sacred, however, it has granted a number of variances for garages and accessory buildings in rear yards. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance will not result in material damage or prejudice to other properties in the vicinity. The enclosed off-street parking area provided by the proposed garage will be more appealing than the alternative of unenclosed off-street parking. Many other waterfront properties have been permitted in the past to build garages and accessory buildings into the front setback. This is in large part due to the perception that the water side of waterfront lots is the "front". The proposed garage addition will not reduce the available off-street parking for this lot. The new dwelling unit proposed for this site will be connected to municipal water and sewer utilities and will comply with all applicable building and fire safety requirements now in effect. As a result, the granting of a variance for the proposed dwelling will have no effect on the public's health, safety and welfare. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The plan identifies this area as medium density residential, which includes single-family and duplex development. Even with the variance for the garage addition, the development density will not be increased beyond a single-family dwelling due to the R 1 --Single-family Residential zoning. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have not caused special conditions or financial hardship from which relief is P & Z Minutes: March 16, 1994 Page 7 of 20 :�� being sought be variance. The applicants have requested this variance prior to the issuance of permits for this project. The Commission will decide this case before the applicants proceed with the development. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Garage additions are permitted in all residential land use zones. Garage additions, whether attached or detached are considered incidental and subsidiary to the primary use of the land for residential purposes. The motion was seconded. COMMISSIONER SZABO suggested that the Commission could consider the ocean side of the lot as the front yard, which would then make the road side of the lot the rear yard, which only requires a 10 foot setback. After some discussion and questions to staff, the Commission agreed they would feel comfortable granting the variance, considering the unique topography of the lot and the history of the area. The question was called and the MOTION CARRIED by unanimous roll call vote. D) Case 94-010. Planning and Zoning Commission determination, per Section 17.03.090 B (Similar Uses) of the Borough Code, that apartment units are similar in character and impact to the conditionally permitted dormitory use in the PL--Public Use Land Zoning District, and; A conditional use permit, according to Section 17.33.030 C (Conditional Uses) of the Borough Code to permit 20 low -rent apartment units on one of two lots in the PL--Public Use Land Zoning District. Lots 6A or 613-1, U.S. Survey 2538A, 514 Mill Bay Road and 614 Egan Way. DUANE DVORAK indicated 62 public hearing notices were mailed for this case and 3 were returned, opposing this request. Staff recommended approval of the similar use determination, and approval of the conditional use permit, subject to one condition. Regular Session Closed. Public Hearing Opened: Karen King, Executive Director of the Kodiak Island Housing Authority, Agent, appeared before the Commission and expressed support for this request. Gary Taylor, owner of Lot 10, Block 13, Aleutian Homes Subdivision, (613 Upper Mill Bay Road) appeared before the Commission and expressed opposition to this request. Steven Burnside, of 418 Upper Mill Bay Road, appeared before the Commission and expressed opposition to this request. He 1r P & Z Minutes: March 16, 1994 Page 8 of 20 felt the lots should be maintained as public use lots, and possibly developed as a park. Elaine Loomis -Olsen, social worker at the Kodiak Tribal Council, and coordinator of the single -parent project at Kodiak College, appeared before the Commission and expressed support for this request. Don Cosper, a resident of Woody Way apartments, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASUNCION MOVED TO FIND that residential apartments are similar in character and impact to a conditionally permitted dormitory use in the PL--Public Use Land zoning district, and to adopt the findings contained in the staff report dated February 24, 1994 as "Findings of Fact" for this case. FINDINGS OF FACT 1. Residential apartments and other dwelling units are historically and routinely developed on public lands, however, usually as an accessory use. The character and impact of residential uses on public lands is the same, given a similar scale of development, whether the residential use is an accessory or primary use. 2. The development of 1 and 2 bedroom residential apartments is particularly appropriate for the PL--Public Use Land zoning district because the smaller size of the units more closely approximates the impact and character of multiple occupant dormitory rooms with up to 3 or 4 residents each. The motion was seconded. COMMISSIONERS BONNEY and ASUNCION expressed their desire to see more affordable housing made available, especially in the area proposed for this development, due to the close proximity of the downtown area. COMMISSIONER KNAUF stated that although he felt the proposed housing project was much needed and that he was not against it, he felt more time should be spent on deciding the best possible development of this parcel of public land, possibly as a park. COMMISSIONER SZABO stated that she felt that the Commission still had the opportunity to be involved beyond this point, in that, one of the suggested conditions of approval of the conditional use permit, is that the Commission reserves the right to place reasonable conditions of approval on the development when they see the specific site proposal. P & Z Minutes: March 16, 1994 Page 9 of 20 q q CHAIR FRIEND expressed his support for this similar use determination, and that ultimately, the development of this lot would be determined by the City Council. The question was called and the MOTION CARRIED by roll call vote of 4-1. COMMISSIONER KNAUF voted no. COMMISSIONER SZABO MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.33.030 C. (Conditional Uses) of the Borough Code to permit a 20 unit low rent residential apartment complex on either Lot 6A or 613-1, U.S. Survey 2538A; subject to the condition of approval contained in the staff report dated February 24, 1994; and to adopt the findings contained in the staff report dated February 24, 1994 as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Review of a detailed site plan by the Kodiak Island Borough Planning and Zoning Commission is required prior to the issuance of a zoning compliance permit for this project. The Commission reserves the right to place reasonable conditions of approval on the development proposal, as it deems necessary, when the detailed site plan review is conducted. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Given the prevailing zoning of the surrounding area for public use and governmental purposes, it does not appear that the use of either Lot 613-1 or 6A for residential apartments will affect the value, spirit, character and integrity of the surrounding area. The proposed lots are physically separated from other residential land uses in the area by a 60 foot minimum width right-of-way and other PL zoned land. This conditional use permit will be subject to a site plan review within the next 2 years, at which time the Planning and Zoning Commission can place reasonable conditions of approval on the proposed development to address any concerns that were raised during the review process. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. This can only be answered at the time a plan is presented for review by the Commission. The Kodiak Island Housing Authority will have plans drawn up by an architectural firm once the land has been acquired and approved for the proposed use. These plans will be developed in accordance with the codes and regulations in effect at that time. The Commission will review the detailed site plans for the project prior to the issuance of P & Z Minutes: March 16, 1994 Page 10 of 20 qs, a zoning compliance permit. Because the project is receiving only conceptual approval at this time, the Commission reserves the right to place reasonable conditions of approval on this project at the time of the detailed site plan review to ensure compliance with this portion of the CUP. 3. That granting the conditional use permit will not be harmful to the public health safety, convenience and comfort. The granting of the CUP will not be harmful to the public health, safety, convenience or comfort. The Community is in need of new affordable housing for people employed in lower paying jobs within the community. This project will provide energy efficient multi -family construction at a location that will minimize traffic generation due to a location within reasonable walking distance to schools, downtown businesses and places of employment. In addition, the residential units will comply with all current building and fire codes in effect at the time of construction. The proposed units will provide safe housing for the residents of the apartments and not constitute a fire or safety hazard to the surrounding area. 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 PL--Public Use Land zoning district provides for adequate development setbacks far in excess of setbacks in a comparable R3--Multifamily Residential zoning district. The front setback in PL is the same as R3. The side setback in PL is 10% of lot width, rather than 5 feet as in R3. The rear setback in PL is 25% of lot depth rather than 10 feet as in R3. When the Commission reviews the detailed site plan for this project, it will have the option of applying reasonable screening, additional setbacks or other conditions that it feels are necessary to ensure compliance with the provisions of this CUP. The motion was seconded. COMMISSIONER SZABO MOVED TO AMEND THE MAIN MOTION to include the following phrase at the end of condition of approval: The site plan review will be advertised and held at a public hearing. 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. E) Case 94-011. A conditional use permit, according to Section 17.33.030 C (Conditional Uses) of the Borough Code to permit 15 elderly and disabled apartment units on one of two lots in P & Z Minutes: March 16, 1994 Page 11 of 20 N� the PL--Public Use Land Zoning District. Lots 6A or 6B-1, U.S. Survey 2538A, 514 Mill Bay Road and 614 Egan Way. DUANE DVORAK indicated 62 public hearing notices were mailed for this case and 2 were returned, opposing this request. Staff recommended approval of this request, subject to conditions as amended in the previous case. Regular Session Closed. Public Hearing Opened: Karen King, Executive Director of the Kodiak Island Housing Authority, Agent, appeared before the Commission and expressed support for this request. Elaine Loomis -Olsen, social worker at the Kodiak Tribal Council, and coordinator of the single -parent project at Kodiak College, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASUNCION MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.33.030 C. (Conditional Uses) of the Borough Code to permit r a 15 unit elderly and disabled low rent residential apartment complex on either Lot 6A or 613-1, U.S. Survey 2538A; subject to the condition of approval contained in the staff report dated February 24, 1994 and revised as in the motion for Case 94- 010; and to adopt the findings contained in the staff report dated February 24, 1994 as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Review of a detailed site plan by the Kodiak Island Borough Planning and Zoning Commission is required prior to the issuance of a zoning compliance permit for this project. The Commission reserves the right to place reasonable conditions of approval on the development proposal, as it deems necessary, when the detailed site plan review is conducted. The site plan review will be advertised and held at a public hearing. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Given the prevailing zoning of the surrounding area for public use and governmental purposes, it does not appear that the use of either Lot 613-1 or 6A for residential apartments will affect the value, spirit, character and integrity of the surrounding area. The proposed lots are physically separated from other residential land uses in the area by a 60 foot minimum width right-of-way and other PL zoned land. This P & Z Minutes: March 16, 1994 Page 12 of 20 4 7 conditional use permit will be subject to a site plan review within the next 2 years, at which time the Planning and Zoning Commission can place reasonable conditions of approval on the proposed development to address any concerns that were raised during the review process. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question This can only be answered at the time a plan is presented for review by the Commission. The Kodiak Island Housing Authority will have plans drawn up by an architectural firm once the land has been acquired and approved for the proposed use. These plans will be developed in accordance with the codes and regulations in effect at that time. The Commission will review the detailed site plans for the project prior to the issuance of a zoning compliance permit. Because the project is receiving only conceptual approval at this time, the Commission reserves the right to place reasonable conditions of approval on this project at the time of the detailed site plan review to ensure compliance with this portion of the CUP. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The granting of the CUP will not be harmful to the public health, safety, convenience or comfort. The Community is in need of new affordable housing for people employed in lower paying jobs within the community. This project will provide energy efficient multi -family construction at a location that will minimize traffic generation due to a location within reasonable walking distance to schools, downtown businesses and places of employment. In addition, the residential units will comply with all current building and fire codes in effect at the time of construction. The proposed units will provide safe housing for the residents of the apartments and not constitute a fire or safety hazard to the surrounding area. 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 PL--Public Use Land zoning district provides for adequate development setbacks far in excess of setbacks in a comparable R3--Multifamily Residential zoning district. The front setback in PL is the same as R3. The side setback in PL is 10% of lot width, rather than 5 feet as in R3. The rear setback in PL is 25% of lot depth rather than 10 feet as in R3. When the Commission reviews the detailed site plan for this project, it will have the option of applying reasonable screening, additional P & Z Minutes: March 16, 1994 Page 13 of 20 (/g setbacks or other conditions that it feels are necessary to ensure compliance with the provisions of this CUP. The motion was seconded and CARRIED by unanimous roll call vote. F) Case S94-002. Request for preliminary approval of the vacation of a 10 foot electrical easement, located along the western lot line of Lot 4A, Block 9, Miller Point Alaska Subdivision, First Addition. 3455 Anton Way. DUANE DVORAK indicated 23 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff recommended approval of this request, subject to one condition. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNAUF MOVED TO GRANT preliminary approval of the vacation of a 10 foot electrical easement, �— located along the western lot line of Lot 4A, Block 9, Miller Point Alaska Subdivision, First Addition; subject to the condition of approval contained in the staff report dated March 3, 1994, and to adopt the findings contained in the staff report dated March 3, 1994, 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 vacation area is within a city, or 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 r- 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. The vacation of a 10 foot electrical utility easement will not adversely affect Kodiak Electric Association in its P & Z Minutes: March 16, 1994 Page 14 of 20 �Q ability to provide adequate service to the public in this area. The motion was seconded and CARRIED by unanimous roll call vote. G) Case S94-003. Request for preliminary approval of the vacation of two 60 foot public access easements between Lots 17 and 18, and between Lots 24 and 25, Sunny Cove Subdivision, and the platting of a new 60 foot public access easement along the east boundary of Lot 25. Lots 17, 18, 24 & 25, Sunny Cove Subdivision, generally located on Spruce Island, north of Kodiak Island. DUANE DVORAK indicated 36 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended preliminary approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO GRANT preliminary approval to the vacation of two 60 foot public access easements between Lots 17 and 18, and between Lots 24 and 25, Sunny Cove Subdivision, and the platting of a new 60 foot public access easement along the east boundary of Lot 24; subject to the conditions of approval contained in the staff report dated March 3, 1994, and to adopt the findings contained in the staff report dated March 3, 1994, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The applicants and/or land owners must provide a vertical profile survey of the existing and proposed easements on Lots 24 and 25 to the Borough Engineering and Facilities Department for review and approval prior to approval of a final plat. 2. If the new easement location on Lot 24 is approved by Engineering and Facilities, the applicants and/or land r' owners must clear the new easement to the extent necessary to provide an equal or superior level of access to the surrounding properties. 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. P & Z Minutes: March 16, 1994 Page 15 of 20 S0 2. The vacation of the identified easements, as permitted by the Planning and Zoning Commission, will not reduce or eliminate the traditional access utilized by surrounding land owners unless an equal or superior alternative is provided by the applicant and this alternative is acceptable to the land owners affected. The motion was seconded and CARRIED by unanimous roll call vote. H) Case S94-005. Request for preliminary approval of the vacation of a 20 foot utility easement on Lot 9D, and the creation of a 20 foot utility easement between Lots 9A & 9D, and 913 & 9C, U.S. Survey 3099. 2726 & 2736, Rezanof Drive East, and 2695 & 2679 Spruce Cape Road. This request was deleted from the agenda upon the request of the applicant. I) Case S94-006. Request for preliminary approval of the subdivision of Lot 2, U.S. Survey 3103, creating Lots 2A and 213, U.S. Survey 3103. 2895 Island Lake/Backside Road. DUANE DVORAK indicated 30 public hearing notices were mailed for this case and none were returned. Staff issued a revised memorandum addressing some of the questions raised at the packet review worksession. Staff recommended a waiver from lot width requirements be granted prior to consideration of preliminary approval. Staff recommended preliminary approval of this request, subject to the 4 conditions in the revised memorandum dated March 20, 1994, one of which addresses lot width, and 3 which address the private road easement/driveway. Regular Session Closed. Public Hearing Opened: Dale Pruitt, applicant, appeared before the Commission and expressed his desire to postpone this request until the April Commission meeting, to allow more time for him to discuss the suggested conditions of approval with staff. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO POSTPONE action on Case S94-006 until the April 20, 1994 regular meeting, and to rechedule it for another public hearing at that time. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case 94-001. Findings of fact in support of a variance granted from Section 17.18.050 C. (Rear Yard) of the Borough Code to permit an existing garage addition to project 8.2 feet P & Z Minutes: March 16, 1994 Page 16 of 20� fl into the required 10 foot rear setback on a nonconforming lot with only 4,669 square feet of area (Deferred from the February 16, 1994 regular meeting). COMMISSIONER ASUNCION MOVED TO ADOPT the findings of fact in the staff report dated February 17, 1994 as findings of fact for Case 94-001. 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 Commission believes that the exceptional circumstances or conditions applicable to the property is the nonconforming lot area of 4,669 square feet and lot width of 50 feet. Other conditions compounding the exceptional circumstances is the location of the main structure on the property and the location of a retaining wall in the front yard which limits the amount of off- street parking available on the site. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships Strict application of the zoning code would require the removal of the rearmost 8.2 feet from the garage addition. This is an unnecessary hardship because the garage addition was inspected by the City Building Official when it was originally constructed 10 years ago and there is no mention of the encroachment in the property file. In addition, the illegal status of the encroaching garage may make the property hard to finance in the future should the applicants decide to sell the property. To leave the current property owners in this situation would also constitute an unnecessary hardship. Conditions of approval place limitations on the variance so that the encroaching portion of the garage will be viewed as nonconforming. This ensures that the house and garage will be reconstructed in strict compliance with the zoning ordinances should the structure ever be moved or destroyed by more than 50% of its replacement cost. 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 prejudice other properties in the vicinity of Lot 13, Leite Subdivision. Many of the older structures in Leite Subdivision and Leite Addition are nonconforming due to insufficient lot width, lot area, parking and structural encroachments. Conditions of approval will be placed on the variance to ensure that the P & Z Minutes: March 16, 1994 Page 17 of 20 C 1 approval does not prejudice existing nonconforming developments or establish a precedent that would encourage similar requests. The Commission particularly notes that the addition has encroached the rear setback of Lot 13 for nearly 10 years and there have been no complaints or other documentation of the encroachment until the applicants provided an as -built survey to the Borough staff. Specific conditions of approval for this variance are summarized as follows: The garage addition must remain available to provide adequate off-street parking, the variance is limited to the life of the structure, no expansion of the existing building footprint will be permitted. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The comprehensive plan identifies this area for medium density residential development. Granting of this variance will have no effect on the objectives of the Comprehensive Plan. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is r— being sought by the variance. The actions of the applicant did not cause the special conditions from which relief is being sought by variance. The applicants unknowingly assumed the liability for the illegal garage addition when they acquired the property. Because the encroaching addition was constructed by a previous property owner and inspected by the City Building Official, the Commission finds that the existing owners should not be held accountable for the actions of the previous owner. 6. That the granting of the variance will not permit a prohibited land use in the district involved. The existing residence will continue to be used for permitted residential uses whether the variance is granted or not. The motion was seconded and CARRIED by unanimous voice vote. B) Case 93-061. Investigation of the possible rezone of Lots 1- 11, Block 3, Lakeside Subdivision, in accordance with Section 17.72.030 B (Manner of Initiation) of the Borough Code, to B-- Business, or UNC--Urban Neighborhood Commercial, or RB-- Retail Business, and the possible revision of the Lakeside/Safeway Sub Area Land Use Plan (Postponed and revised from the October 20, 1993 meeting, and postponed from the November 17, 1993 regular meeting) P & Z Minutes: March 16, 1994 Page 18 of 20 DUANE DVORAK stated that the Commission was provided with a recommendation taken from the November, 1993 staff report. He stated that staffs recommendation was for the Commission to either make a recommendation to the Assembly to rezone this property or to postpone action in order to receive additional feedback from the community and perhaps to consider reopening the planning effort that was recently completed for this area. COMMISSIONER SZABO MOVED TO POSTPONE ACTION on Case 93-061, an investigation of the rezone of Lots 1-9 and 11, Block 3, Lakeside Subdivision from LI--Light Industrial and NU --Natural Use Land to UNC--Urban Neighborhood Commercial or RB--Retail Business until the Commission meets with residents of the neighborhood, and to bring the case back for a public hearing at that time. 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 BONNEY MOVED TO ACKNOWLEDGE RECEIPT of items A through F of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated March 2, 1994 to Ralph Vetter from Bob Scholze, RE: Illegal dwelling on Lot 11, Block 3, Russian Creek Subdivision (12108 Noch Drive) B) Letter dated March 3, 1994 to Daniel & Hildar Olsen from Bob Scholze, RE: Illegal dwelling and non -permitted fishing gear storage on Lot 11, Block 3, Russian Creek Subdivision (12108 Noch Drive) C) Magazine Article from Western Planner, Recent Alaska Zoning Cases, by Lee Sharp. D) Letter dated March 8, 1994 to Fred Brechan from Bob Scholze, RE: Illegal dwelling on Tract 132-1, U.S. Survey 3218 (3110 Mill Bay Road). E) Letter dated March 11, 1994 to Jeffery Veltri from Bob Scholze, RE: Construction without permits at Lot 18, U.S. Survey 3098, 2020 Mill Bay Road. F) March 16, 1994 letter from Jon Aspgren, resigning from the Planning and Zoning Commission. CHAIR FRIEND acknowledged the resignation of COMMISSIONER ASPGREN. He commented that Jon would be missed on the Planning and Zoning Commission, and invited anyone interested in P & Z Minutes: March 16, 1994 Page 19 of 20 S1-1 serving on the Commission to apply at the Borough Clerk's office when the vacancy is advertised. There were no further communications. X. REPORTS There were no reports. XI. AUDIENCE COMMENTS Gabe McKilly property owner on Selief Lane, appeared before the Commission to express his desire for the Lakeside Subdivision area to be maintained as residential. The Commission directed staff to send out notices to people within a 500' radius of the proposed rezone area, and to the Horseshoe Lake Community Association as one entity, as they had expressed a desire to be involved with this rezone process. Mr. McKilly's property falls within this notification area. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 9:20 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMIS,5MN ATTEST By: - Eileen Probasco, Secretary Community Development Department DATE APPROVED: April 20, 1994 WN Friend, Chair P & Z Minutes: March 16, 1994 Page 20 of 20