1994-05-18 Regular MeetingI.
II.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - MAY 18, 1994
MINUTES
CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was
called to order at 7:35 p.m. by Chair Friend on May 19, 1994 in the
Borough Assembly Chambers.
ROLL CALL
Commissioners Present:
Jerrol Friend, Chair
Bruce Barrett
Tuck Bonney
Jeff Knauf
Commissioners Absent:
Renato Asuncion - Excused
Pat Szabo - Excused
One position vacant
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.
Bob Scholze, Associate Planner
Community Development Dept.
Staff reported the following changes to the agenda:
V AUDIENCE COMMENTS AND APPEARANCE
REQUESTS
A) CASE: S94-010
APPLICANT: Edward Gondek
AGENT: Ecklund Surveying
REQUEST: Request for reconsideration of the preliminary
approval of the revised subdivision of Lot 7A,
Block 5, Miller Point Alaska Subdivision,
creating Lots 7A-1 through 7A-5, Block 5,
Miller Point Alaska Subdivision.
LOCATION: 4053 Cliffside Drive
ZONING: R-2--Two Family Residential
This request was added to the agenda, then after the packet
review worksession, was withdrawn by the applicant.
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VII OLD BUSINESS
B) CASE: S94-006
APPLICANT: Dale and Mindy Pruitt
AGENT: Horizon Surveying
REQUEST: Approval of the waiver from lot width
requirements, per Section 16.110.010
(Waivers) of the Borough Code, relating to the
subdivision of Lot 2, U.S. Survey 3103,
creating Lots 2A and 213, U.S. Survey 3103
(Omitted from the April 20, 1994 regular
meeting).
LOCATION: 2895 Island Lake/Backside Road
ZONING: RR1--Rural Residential One
IX COMMUNICATIONS
A) Letter dated April 27, 1994 to Ruth Billings from Bob Scholze,
RE: Zoning status of Space 14, Lot 3, U.S. Survey 3099 (Spruce
Court Mobile Home Park).
B) Letter dated May 4, 1994 to Fred and Ruth Brechan from Bob
Scholze, RE: Non -permitted dwelling on Tract 132-1, U.S.
Survey 3218 (3110 Mill Bay Road).
C) Horseshoe Lake Community Association April 30, 1994
newsletter.
D) Miscellaneous correspondence received in response to a
violation concerning the location of Bear Country Gunsmithing
at the KISA Range, on C--Conservation zoned, VFW leased
property.
E) Fact Sheet, from U.S. Dept. of the Interior, Minerals
Management Service, identifying approximately 5.3 million
acres in the Gulf of Alaska/Yakutat, to be analyzed in an
environmental impact statement, for the proposed outer
continental shelf oil and gas lease sale 158.
Due to the large number of people in the audience who were
interested in testifying on COMMUNICATIONS Item D, concerning
Bear Country Gunsmithing and its location at the KISA Range,
CHAIR FRIEND entertained a motion to move ITEM IX
COMMUNICATIONS after ITEM V AUDIENCE COMMENTS on the
agenda.
COMMISSIONER KNAUF MOVED TO CONSIDER ITEM IX
COMMUNICATIONS immediately after ITEM V AUDIENCE
COMMENTS on the agenda.
The motion was seconded and CARRIED by unanimous voice vote.
COMMISSIONER BONNEY MOVED TO ACCEPT the agenda with the
changes reported by staff, and as amended by the Commission. The
motion was seconded and CARRIED by unanimous voice vote.
P & Z Minutes: May 18, 1994 Page 2 of 20 � n
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER BONNEY MOVED TO APPROVE the minutes of
the April 20, 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
DUANE DVORAK pointed out that some people thought they would
be able to call in their comments tonight. He clarified that this was
not the case. People who wanted to be heard need to appear in
person. Due to a large number of requests, KMXT was broadcasting
the meeting, in addition to the regular television broadcast on
Channel 8.
MR. DVORAK reported that, at the request of the Commission at last
week's worksession, staff had put together a short memorandum
regarding communications item D, providing some appropriate
motions to support whatever action the Commission might take
concerning this item.
Mike Nugent appeared before the Commission and expressed support
for rezoning the VFW leased property, in order to allow Bear Country
Gunsmithing to remain at the KISA Range. The reasons he
supported the rezone were to have a range monitor to provide
additional safety, allowing more hours for the range to be open,
allowing the range to operate "in the black" and make additional
improvements and generally maintain the range facilities.
James McIntosh, speaking on behalf of Kodiak Island Archers,
appeared before the Commission and expressed support for rezoning
the VFW leased property, in order to allow Bear Country
Gunsmithing to remain at the KISA Range.
Phil Chiaravalle appeared before the Commission and expressed
support for rezoning the VFW leased property, in order to allow Bear
Country Gunsmithing to remain at the KISA Range. At Mr.
Chiaravalle's request, CHAIR FRIEND asked those in the audience to
stand up if they were in favor of rezoning this property. Staff
counted 41 people.
John Stein appeared before the Commission and expressed support
for rezoning the VFW leased property, in order to allow Bear Country
Gunsmithing to remain at the KISA Range.
I Gene Wyman appeared before the Commission and expressed
support for rezoning the VFW leased property, in order to allow Bear
Country Gunsmithing to remain at the KISA Range.
Robert Anderson appeared before the Commission and expressed
support for rezoning the VFW leased property, in order to allow Bear
Country Gunsmithing to remain at the KISA Range.
P & Z Minutes: May 18, 1994 Page 3 of 20 R 0
Maria Painter appeared before the Commission and expressed
support for rezoning the VFW leased property, in order to allow Bear
Country Gunsmithing to remain at the KISA Range.
David Glamann appeared before the Commission to reiterate the
comments made in his previously submitted written response, and
asked that it be read into the record. His concern was for a private
retail business being operated in conjunction with a non-profit
organization on public property. Duane Dvorak read Mr. Glamann's
letter into the record.
Lorna Arndt appeared before the Commission and expressed support
for rezoning the VFW leased property, in order to allow Bear Country
Gunsmithing to remain at the KISA Range.
There were no further audience comments or appearance requests.
IX. COMMUNICATIONS
COMMISSIONER BARRETT MOVED TO DIRECT STAFF to initiate
the investigation of a rezone of a portion of Tract ADL 36049, in the
vicinity of the Kodiak Island Sportsmen's Association range building,
from C--Conservation to a more appropriate zoning district, and to
schedule the case for a public hearing at the June 15, 1994 regular
meeting.
r— The motion was seconded and CARRIED by unanimous roll call
vote.
COMMISSIONER BARRETT MOVED TO ACKNOWLEDGE
RECEIPT of items A through E of communications. The motion was
seconded and CARRIED by unanimous voice vote.
A) Letter dated April 27, 1994 to Ruth Billings from Bob Scholze,
RE: Zoning status of Space 14, Lot 3, U.S. Survey 3099 (Spruce
Court Mobile Home Park).
B) Letter dated May 4, 1994 to Fred and Ruth Brechan from Bob
Scholze, RE: Non -permitted dwelling on Tract 132-1, U.S.
Survey 3218 (3110 Mill Bay Road).
C) Horseshoe Lake Community Association April 30, 1994
newsletter.
D) Miscellaneous correspondence received in response to a
violation concerning the location of Bear Country Gunsmithing
at the KISA Range, on C--Conservation zoned, VFW leased
property.
E) Fact Sheet, from U.S. Dept. of the Interior, Minerals
Management Service, identifying approximately 5.3 million
acres in the Gulf of Alaska/Yakutat, to be analyzed in an
environmental impact statement, for the proposed outer
continental shelf oil and gas lease sale 158.
There were no further communications.
P & Z Minutes: May 18, 1994 Page 4 of 20
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VI
PUBLIC HEARINGS
A) 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 the rezone of Lots 23
and 24A-24E, U.S. Survey 3098; Lot 6, U.S. Survey 3511; Lot
1, Block 1, U.S. Survey 1822; Lot 2A, Block 4 and Lot 1, Block
6, 3066A/B, and Lots 1 & 2, Block 1 and the East portion of
U.S. Survey 2739, from RR1--Rural Residential One to the
specific zones recommended by the Commission at the April
20, 1994 regular meeting. (Postponed and expanded by the
Planning & Zoning Commission from the March 16, and
April 20, 1994 regular meetings). 1910, 1944-2290 and
unnumbered lots on Rezanof Drive, East; 1897-1967 Mission
Road; 2180 Milt Bay Road; and 117-122 Bancroft Drive.
DUANE DVORAK indicated 78 public hearing notices were
mailed for this case and 5 were returned, opposing certain
portions of this request. Staff recommended the Commission
amend the suggested zoning for Case 94-008 to be consistent
with the staff recommendations contained in the staff report
dated March 25, 1994, and to forward the suggested zoning
pattern to the Assembly recommending approval, and to
schedule the CUP portion of the case on the June 15, 1994
regular meeting agenda as a public hearing item.
SUGGESTED ZONING PATTERN
Mission Complex
Portion of U.S. Survey 1822 UNC and R2
Portion of U.S. Survey 2843 UNC and R2
Lot 4, Hospital Subdivision UNC and R2
(UNC--Urban Neighborhood Commercial
and R-2--Two Family Residential)
Mission Property in U.S. Survey 3511
Lot 2 R-2--Two Family Residential
Lot 3 R-2--Two Family Residential
Lot 4 R-2--Two Family Residential
Lot 5 R-2--Two Family Residential
Lot 13 R-2--Two Family Residential
Lot 14 R-2--Two Family Residential
Lot 15 R-2--Two Family Residential
Lot 16 R-2--Two Family Residential
Mission Property South of Mission Road
Portions of U.S. Survey 2843
and 1822 C--Conservation
Borough Property in U.S. Survey 3511
Lot 6 PL--Public Use Land
P & Z Minutes: May 18, 1994 Page 5 of 20 Ll
SE Addition, U.S. Survey 3066 A/B
Block 3 R-2--Two Family Residential
Lot 2A, Block 4 R 1 --Single-family Residential
Lot 1, Block 6 R-3--Multi Family Residential
U.S. Survey 1822
Lot 1, Block 1 R 1 --Single-family Residential
U.S. Survey 3098
Lot 23 B--Business
Bancroft Subdivision
Lot 24A
R1--Single-family Residential
Lot 24B
R 1 --Single-family Residential
Lot 24C
R 1 --Single-family Residential
Lot 24D
R1--Single-family Residential
Lot 24E
R1--Single-family Residential
U.S. Survey 2739
E. Ptn R-3--Multi Family Residential
Lot 1, Block 1 R-3--Multi Family Residential
Lot 2, Block 1 R-3--Multi Family Residential
Regular Session Closed.
Public Hearing Opened:
Richard Thomas, agent for Kodiak Baptist Mission, appeared
before the Commission and expressed support for this request,
as reflected in the recommendation from Duane Dvorak.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNAUF MOVED TO FORWARD a
recommendation to the Borough Assembly to rezone the
portion of Mission property south of Mission Road from RR1--
Rural Residential One to C--Conservation.
The motion was seconded and FAILED by unanimous roll call
vote.
COMMISSIONER KNAUF MOVED TO ADOPT the findings
contained in the staff memo dated May 16, 1994 as "Findings
of Fact" for the Mission property south of Mission Road.
1. Findings as to the Need and Justification for a Change or
Amendment.
A rezone of the portion of Mission property south of
Mission Road from RR1--Rural Residential One to C--
Conservation is not needed and justified because the C--
Conservation zoning district permits development that:
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A. is inconsistent with the applicable provisions of the
Kodiak Island Borough comprehensive plan,
B. is no more consistent with the recreational use of
the land by the residents of the area and the public
than the existing RR1--Rural Residential One
zoning.
2. Findings as to the Effect a Change or Amendment would
have on the Objectives of the Comprehensive Plan.
A change of zoning for the Mission property south of
Mission Road from RR1--Rural Residential One to C--
Conservation is not consistent with the objectives of the
comprehensive plan which identifies this area for
medium density residential development.
The motion was seconded and CARRIED by unanimous roll
call vote.
COMMISSIONER KNAUF MOVED TO FORWARD a
recommendation to the Borough Assembly to rezone Lot 2A,
Block 4, U.S. Survey 3066 A/B from RR1--Rural Residential
One to R1--Single-family Residential.
The motion was seconded and FAILED by unanimous roll call
vote.
COMMISSIONER BONNEY MOVED TO ADOPT the findings
contained in the staff memo dated May 16, 1994 as "Findings
of Fact" for Lot 2A, Block 4, U.S. Survey 3066 A/B.
1. Findings as to the Need and Justification for a Change or
Amendment.
A rezone of Lot 2A, Block 4, U.S. Survey 3066 A/B from
RR1--Rural Residential One to R 1 --Single-family
Residential is not needed and justified because the R1--
Single-family Residential zoning district permits
development that:
A. is not consistent with the desires of the land owner
at this time, and,
B. is not suitable for the site which is constrained by
potential wetlands and access limitations.
2. Findings as to the Effect a Change or Amendment would
have on the Objectives of the Comprehensive Plan.
A change of zoning on Lot 2A, Block 4, U.S. Survey 3066
A/B, from RR1--Rural Residential One to R1--Single-
family Residential is consistent with the objectives of the
existing comprehensive plan.
P & 2 Minutes: May 18, 1994 Page 7 of 20
The motion was seconded and CARRIED by unanimous roll
call vote.
COMMISSIONER KNAUF MOVED TO FORWARD Case 94-008
to the Kodiak Island Borough Assembly recommending the
rezone of land in and around the Kodiak Baptist Mission
Complex and more completely described in the staff report
dated April 28, 1994 (except the portion of Mission property
south of Mission Road and Lot 2A, Block 4, U.S. Survey 3066
A/B), subject to a condition of approval, and to adopt the
findings contained in the staff report dated May 16, 1994 as
"Findings of Fact" for this case.
CONDITION OF APPROVAL
1. The boundary of the UNC--Urban Neighborhood
Commercial zoning district in and around the Kodiak
Baptist Mission complex and institutional youth group
homes will be determined by survey such that the
boundary will provide a maximum clearance of 25 feet
around the complex and group home facilities, a 100 foot
R2--Two-family Residential zoning buffer along the lot
line contiguous with the Frontier Baptist Church (Lot 1,
USS 1822), and 50 to 80 foot buffer along the lot line
shared with Cove and Clark's mobile home parks. The
area to be rezoned UNC--Urban Neighborhood
Commercial should be substantially the same shape as
the area indicated on the map sent out in the notice for
the third (3rd) public hearing for this case.
FINDINGS OF FACT
1. Findings as to the Need and Justification for a Change or
Amendment.
A rezone from RR1--Rural Residential One to the
appropriate zones recommended by Borough staff is
needed and justified because the appropriate zoning
districts permit development that:
A. is consistent, to the maximum extent practicable,
with the applicable provisions of the Kodiak Island
Borough comprehensive plan,
B. will reduce and/or eliminate nonconforming land
uses to the maximum extent possible, that were
created prior to the rezone of these lands from
Unclassified to RR --Rural Residential,
C. will not create any new nonconforming land uses
in the rezone area.
2. Findings as to the Effect a Change or Amendment would
have on the Objectives of the Comprehensive Plan.
A change of zoning from RR1--Rural Residential One to
the appropriate zoning districts is intended to correct
P & Z Minutes: May 18, 1994 Page 8 of 20 rb
zoning conditions resulting from a general rezone of
land. The general rezone of land from Unclassified to
RR --Rural Residential did not take into full account the
pre-existing land uses that were developed in this area.
The recommended zoning should be consistent with the
provisions of the applicable Kodiak Island Borough
comprehensive plan to the maximum extent practical.
Compromises on the zoning should be made only when
the proposed zone provides substantial conformity for the
pre -established uses with the existing zoning
requirements and moves toward greater conformity with
the applicable comprehensive plans.
The motion was seconded and CARRIED by unanimous roll
call vote.
COMMISSIONER BARRETT MOVED TO TAKE the CUP
portion of Case 94-008 off of the table, regarding a conditional
use permit for the operation of institutional youth group home
facilities in the area recommended for UNC--Urban
Neighborhood Commercial zoning, by the Planning and Zoning
Commission, and place it on the agenda for a public hearing at
the June 15, 1994, regular meeting.
The motion was seconded and CARRIED by unanimous roll
r call vote.
Il B) Case 94-017. Request for a conditional use permit, in
accordance with eection 17.33.030 G (Conditional Uses) of the
Borough Code, to permit a broadcasting tower not to exceed
120 feet, a 28 foot wide satellite antenna and a 16 foot by 24
foot single level equipment building on a lot in the PL--Public
Use Land Zoning District. (Postponed from the April 20,
1994 regular meeting). Lot 5A-1, U.S. Survey 2538A.
DUANE DVORAK indicated 36 public hearing notices were
mailed for this case. 48 letters of support were received,
including a petition containing 11 signatures. Staff
recommended approval of this request, subject to one
condition.
Regular Session Closed.
Public Hearing Opened:
Donald Lawhead, acting commander of Kodiak Composite
Squadron of the Civil Air Patrol, appeared before the
ICommission and stated that the safety concerns he expressed
at last month's meeting had been addressed by Mr. Waller,
with the reduction of the tower height to 120 feet. As a result,
the Civil Air Patrol had no objections to this request.
Jacque Bunting, local pilot and FAA Accident Prevention
Counselor, appeared before the Commission and expressed
support for this request.
P & Z Minutes: May 18, 1994 Page 9 of 20
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Lorna Arndt appeared before the Commission and expressed
support for this request.
Gary Byers appeared before the Commission and expressed
support for this request.
_ Phil Chiaravalle appeared before the Commission and
expressed support for this request.
LINDA FREED pointed out that several letters had been
received which were requested to be read into the record.
CHAIR FRIEND stated that after public testimony, the letters
would be read into the record.
Mike Waller, agent, appeared before the Commission and
expressed support for this request.
LINDA FREED read 6 letters into the record, all in favor of the
request, from the following people:
Donald and Kathie Wood
Rick Ketchum
Mary Ann Seaton
Daniel Seaton
Grover Hall
Arthur Schultz
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER BARRETT MOVED TO GRANT a request for
a conditional use permit in accordance with Section 17.33.030
G (Conditional Uses) of the Borough Code, to permit a 120 foot
broadcasting tower, a 28 foot wide satellite antenna and a 16
foot by 24 foot single level equipment building on Lot 5A-1,
U.S. Survey 2538AB and to consider an additional tower height
of 40 feet at another public hearing on June 15, 1994; subject
to the condition of approval contained in the staff report dated
May 17, 1994; and to adopt the findings contained in the staff
report dated March 31, 1994, as "Findings of Fact" for this
case.
CONDITIONS OF APPROVAL
1. The proposed facilities will be color coordinated with the
nearby Borough buildings.
FINDINGS OF FACT
1. That the conditional use will preserve the value, spirit,
character and integrity of the surrounding area.
It appears that the proposed use will preserve the value,
spirit, character and integrity of the surrounding area.
The facilities will be located in such a way as to
minimize the amount of land area required. Locating
these facilities may reduce the need for other antennas
P & Z Minutes: May 18, 1994 Page 10 of 20 11_
and satellite dishes in the area. The Commission has the
prerogative to require conditions of approval in order to
insure that all aspects of the proposed development are
consistent with the character and integrity of the
surrounding area.
2. That the conditional use fulfills all other requirements of
this chapter pertaining to the conditional use in question.
The use of this land for a transmitter tower, satellite
ground station and supporting equipment building will
comply with all the requirements of the PL--Public Use
Land zoning district. The use will be compatible with the
other pre-existing uses of the land.
3. That granting the conditional use permit will not be
harmful to the public health, safety, convenience and
comfort.
The proposed use should not be harmful to the public
health, safety, convenience or comfort if all building and
fire codes are met. Compliance with these codes will be
ensured through the building permit and inspection
program operated by the City of Kodiak.
4. The sufficient setbacks, lot area, buffers or other
�-^ safeguards are being provided to meet the conditions
Il listed in subsections A through C of this section.
Based on the submitted site plan, it appears that
sufficient buffers or other safeguards, relative to the scale
of the proposed development, are being provided.
5. If the permit is for a public use or structure, the
commission must find that the proposed use or structure
is located in a manner which will maximize public
benefits.
The proposed use and structure is located in a manner
that should maximize public benefits. The structure will
be located on a site that is currently devoted to public
land uses and structures. This proposed development
may permit the consolidation of other broadcast
transmitter facilities presently located in the area. In
addition, the proposed facilities may provide
broadcasting services to areas not presently served by a
full range of broadcasting services.
The motion was seconded and CARRIED by unanimous roll
call vote.
C) Case 94-018. Request for a rezone, in accordance with
Section 17.72.030 C (Manner of Initiation) of the Borough Code,
of Lots 9 and 10, Block 1, Pasagshak Subdivision, from RR1--
Rural Residential One to RNC--Rural Neighborhood
Commercial. (Postponed from the April 20, 1994 regular
meeting).
P & Z Minutes: May 18, 1994 Page 11 of 20 0 g�
DUANE DVORAK indicated 50 public hearing notices were
mailed for this case and 9 were returned, opposing the request
and/or expressing the desire to see a development plan
completed for this area prior to the granting of any rezone
requests. Staff recommended postponement of this request
and a Pasagshak area plan be initiated.
Regular Session Closed.
Public Hearing Opened:
Colleen McKerley, agent, appeared before the Commission and
expressed support for postponement of this request, and her
concurrence with development of a Pasagshak area plan.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER BARRETT MOVED TO DENY Case 94-018,
the rezone of Lots 9 and 10, Block 1, Pasagshak Subdivision,
from RR1--Rural Residential One to RNC--Rural Neighborhood
Commercial, and to adopt the findings in support of denial
contained in the staff report dated April 28, 1994 as "Findings
of Fact".
LINDA FREED pointed out, that in order to avoid a procedural
problem, motions should always be made in the positive and
then approved or denied. To avoid a possible problem, the
motion should be restated or withdrawn. She also suggested
that perhaps the Commission consider a motion to postpone,
prior to making a motion to approve the request. The
potentially lengthy nature of the planning process was also
discussed.
COMMISSIONER BARRETT withdrew his motion.
COMMISSIONER KNAUF MOVED TO POSTPONE ACTION on
Case 94-018 until a subarea plan is completed for the
Pasagshak Subdivision area and adopted by the Kodiak Island
Borough as part of the overall Kodiak Island Borough
Comprehensive Plan.
The motion was seconded and CARRIED by unanimous roll
call vote.
D) Case 94-019. Appeal of an administrative decision under
Section 17.90.010 of the Borough Code, ordering the removal
of commercial fishing gear stored on a vacant lot in the RR1--
Rural Residential One zoning district; and a request for relief to
allow the continued storage of the commercial fishing gear on
the property. Lot 11, Block 3, Bells Flats Alaska Subdivision.
12108 Noch Drive.
DUANE DVORAK indicated 32 public hearing notices were
mailed for this case and 2 were returned, stating non -objection
to this request. Staff recommended denial of this request.
P & Z Minutes: May 18, 1994 Page, 12 of 20 r
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Regular Session Closed.
Public Hearing Opened:
Daniel Olsen, applicant, appeared before the Commission and
expressed support for this request. He pointed out that his
property was the last lot on a dead end road, and was adjacent
to BLM land on the other side. He also stated that his gear had
been stored there for several years, without his knowledge that
the storage of fishing gear on an unoccupied lot was not
permitted. During that time, none of the neighbors had
complained. In addition, neighbors had submitted public
hearing notices that stated that the gear stored on his lot was
not offensive to them.
Public Hearing Closed.
Regular Session Opened.
The Commission had a lengthy discussion on this case. They
agreed that a violation did exist, and that they could not ignore
it, even considering the special circumstances of this situation.
COMMISSIONER BONNEY was in favor of acknowledging the
violation, but granting an extension of time for compliance (he
suggested five years) to allow Mr. Olson sufficient time to look
for an alternate location for his gear, with the understanding
that, if neighbors complained, the gear would be moved at that
time. COMMISSIONERS BARRETT and FRIEND agreed with
those comments.
Mr. Olson was adamant that his remote situation was very
unique and that he should not be required to move his gear.
He reiterated that he would remove it immediately should a
neighbor complain about it.
COMMISSIONER KNAUF assured Mr. Olson that he was
respectful of his unique situation and believed it was his intent
to move the gear if it bothered anyone. However,
COMMISSIONER KNAUF felt very strongly that the violation
could not be ignored. He was also concerned about setting a
precedent for similar situations to occur. CHAIR FRIEND
asked LINDA FREED for her suggestions.
LINDA FREED suggested that a possible solution might be to
amend the RR1 code to allow commercial fishing gear storage
as a conditional use. Under a conditional use permit, the
Commission could put site specific conditions on each
individual permit. She stated that, should this code change be
implemented without objections, it would take approximately
three to four months to complete, and at that time Mr. Olson
would need to apply to the Commission for a conditional use
permit. She stressed, however, that this would allow all others
in the RR1 district to request permission to do the same.
CHAIR FRIEND agreed that this was the best possible solution
to Mr. Olson's problem.
COMMISSIONER BONNEY stated he would prefer to allow a
lengthy time extension for compliance rather than ignore the
P & Z Minutes: May 18, 1994 Page 13 of 20
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violation or change the code. However, if strict time limit and
other such conditions could be placed on each individual
conditional use permit, that would protect surrounding
property owners, he would agree with the suggestion of the
code revision.
COMMISSIONER BARRETT stated to Mr. Olson that he felt this
was the best possible solution he could expect from the
Commission at this time.
COMMISSIONER BONNEY MOVED TO GRANT an appeal of
an administrative decision, under Section 17.90.010 of the
Borough Code, suspending the order to remove commercial
fishing gear stored on Lot 11, Block 3, Russian Creek Alaska
Subdivision, which is located in the RR1--Rural Residential One
zoning district; and to adopt the findings in support of
suspending enforcement contained in the staff report dated
May 11, 1994 as "Findings of Fact" for this case.
The motion was seconded and FAILED by unanimous roll call
vote.
COMMISSIONER BARRETT MOVED TO GRANT a six month
extension to the enforcement period on this case (until
November 18, 1994). The reason for this extension is to allow
the Commission to explore the option of providing a
conditional use permit for non -owner occupied RR 1 land,
which might provide a mechanism to allow the continued
storage of fishing gear on Mr. Olson's property, if it met the
criteria.
The motion was seconded and CARRIED by unanimous roll
call vote.
COMMISSIONER BARRETT MOVED TO DIRECT STAFF to
initiate a proposal to amend the code to allow fishing gear to be
permitted as a conditional use, on non -owner occupied RR1
land.
The motion was seconded and CARRIED by unanimous roll
call vote.
COMMISSIONER BARRETT MOVED TO ADOPT the findings
of fact supporting denial of the storage of commercial fishing
gear on Lot 11, Block 3, Russian Creek Alaska Subdivision, as
stated on page 6 of the staff report dated May 11, 1994 as
"Findings of Fact" for this case.
FINDINGS OF FACT
1. Granting an appeal to permit outdoor storage of
commercial fishing gear in the RR1--Rural Residential
One zoning district would set a precedent that would
encourage other land owners to attempt to store their
commercial fishing gear on vacant rural residential lots.
P & Z Minutes: May 18, 1994 Page 14 of 20 C(u
2. If the appellant is permitted to store commercial fishing
gear on a lot in the RR1--Rural Residential One zoning
district in the absence of an owner occupied dwelling,
then the Commission should consider whether all land
owners should be extended the same rights as the
appellant.
3. Unrestricted storage of commercial fishing gear in the
RR1--Rural Residential One zoning district could
adversely impact the residential character of the areas in
this zone. Commercial fishing gear storage is currently
required to be accompanied by an owner occupied
dwelling in the RR1--Rural Residential One zoning
district in order to ensure that it does not become an
attractive nuisance, or a public health hazard.
The motion was seconded and CARRIED by unanimous roll
call vote.
E) Case S94-011. Request for preliminary approval of the
vacation of Lots 1, 2, and 3 of the Hospital Subdivision, and
replat to Lots lA and 2A of the Hospital Subdivision, 1915
Rezanof Drive East.
DUANE DVORAK indicated 58 public hearing notices were
mailed for this case and none were returned. Staff
recommended preliminary 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 BARRETT MOVED TO GRANT preliminary
approval of the vacation of Lots 1, 2, and 3, Hospital
Subdivision, and replat to Lots lA and 2A, Hospital
Subdivision, subject to one condition of approval, and to adopt
the findings contained in the staff report dated May 11, 1994,
as "Findings of Fact" for this case.
CONDITION OF APPROVAL
1. The existing utility easement between Lots lA and 1B
will be relocated to follow the new lot line location.
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.
P & Z Minutes: May 18, 1994 Page 15 of 20 to()
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.
VII. OLD BUSINESS
A) Case S94-010. Findings of fact in support of the denial of
preliminary approval of the subdivision of Lot 7A, Block 5,
Miller Point Alaska Subdivision, creating Lots 7A-1 through 7A-
6, Block 5, Miller Point Alaska Subdivision. (Postponed from
the April 20, 1994 regular meeting).
COMMISSIONER BONNEY MOVED TO ADOPT the findings of
fact in the staff report dated May 12, 1994 as "Findings of Fact"
for Case S94-010.
FINDINGS OF FACT
Kodiak Island Borough code Section 16.40.050 states in part:
"...The following items, among others, may be taken into
consideration by the commission in determining the
appropriateness of the subdivision for the locality in which the
subdivision is located.
1. Adequacy of access for additional traffic volume.
2. Adequacy of access from a safety standpoint (e.g., road
grades, line of sight considerations)
3. Potential drainage problems
4. Neighborhood character (e.g., existing development
characteristics, including the size and shape of existing
lots, the extent of existing development, and the
topography in the neighborhood)..."
The proposed design of the subdivision of Lot 7A, Block 5,
Miller Point Alaska Subdivision, creating Lots 7A-1 through 7A-
6, Block 5, Miller Point Alaska Subdivision is not appropriate
for the Cliffside Road area because:
a) Cliffside Road, which will provide access to three (3) of
the proposed six (6) lots, does not appear adequate to
handle the additional traffic volume (16.40.050 A.1).
Cliffside Road also contains some features that increase
safety problems along the roadway (16.40.050 A.2)
The potential development of six new duplex dwelling
units in the area will substantially increase the traffic on
Cliffside Road. Three duplexes, a total of six dwelling
units, represents a parking requirement of up to 18 off-
street parking spaces that would access Cliffside Road.
The additional traffic will adversely affect the area near
Lot 7A by increasing the amount of dust raised along
unpaved Cliffside Road during times that the road is dry.
P & Z Minutes: May 18, 1994 Page 16 of 20
The hill on Cliffside Road in front of the proposed
subdivision may be unsafe due to the precipitous hill
crest which blocks the view from the top to the bottom.
Ingress and egress to the three proposed lots along
Cliffside Road will result in an unsafe condition for traffic
and pedestrians passing through this area. Someone in a
vehicle cannot see far enough ahead to reasonably avoid
an accident on the hill until the vehicle is over the crest,
whether going up or down the hill. According to a
number of people who testified, this hill is an unsafe
condition that will only be made worse by the proposed
development density of the subdivision. According to
public testimony, this hill is particularly unsafe during
the winter months when the roadway is icy or slippery.
b) The requested subdivision does not acknowledge the
potential drainage problem that could be created as a
result of the subdivision design (16.40.050 A.3).
Drainage over and through this site is important to the
surrounding area. The proposed subdivision design does
little to acknowledge or preserve the natural or aesthetic
benefits of the drainage. The loss of natural habitat will
adversely affect the flora and fauna of the area.
Relocating and culverting the drainage will eliminate the
natural settling effect of the existing pond on Lot 7A.
The result may reduce water quality and may also
increase the quantity and velocity of water runoff
downstream from Lot 7A, negatively impacting other
property owners along the drainage course.
c) The proposed subdivision is not in keeping with the
neighborhood character of the surrounding area for a
number of reasons (16.40.050 A.4):
1. The Cliffside Road area is not in transition as
indicated in the staff report on this case. Several
property owner/developers who have bought
property in the area subdivided to smaller lot sizes
and then moved out of the area. According to
public testimony, a substantial number of long
term residents in the area have no intention of
subdividing their lots and moving out of the area.
The minimal area and width of the proposed lots is
not in keeping with the prevailing neighborhood
character (specifically lot size and width), based on
testimony by a number of property owners from
the Cliffside Road area. According to Borough
records, the mean average lot size for lots in the
Cliffside Road area is approximately 20,000 square
feet. The potential increase in development density
that would result from this subdivision is not
consistent with the expectations of a number of
area property owners who provided written and
verbal comments at the public hearing.
P & Z Minutes: May 18, 1994 Page 17 of 20 101
2. The development of the six lots proposed for
subdivision will require substantial development
effort to regrade the site. The topographical and
drainage features on Lot 7A are not adequately
acknowledged in the design for their functional and
aesthetic contributions to the surrounding area.
Other subdivisions in the Cliffside Road
neighborhood have not been characterized by the
amount of site preparation required by this design.
Existing development in the area has generally
been adapted to conditions of the land, rather than
extensively adapting the land to the conditions of
development in order to maximize its potential.
The subdivision design does not adequately
acknowledge and work with the existing features of
the land. The natural features of Lot 7A that make
the area aesthetically desirable are all but
eliminated in this subdivision design.
3. A number of people who testified about this
subdivision believe that the creation of six new lots
from Lot 7A is not consistent with the character
with the surrounding neighborhood. According to
those concerned individuals, the proposed
subdivision will reduce the value of existing
residential developments in the area and the
overall quality of life. The subdivision design is
not sensitive to the concerns of people in the
Cliffside Road neighborhood, perhaps because the
developers do not live in the area.
The motion was seconded and CARRIED by unanimous roll call
vote.
B) Case S94-006. Approval of the waiver from lot width
requirements, per Section 16.110.010 (Waivers) of the Borough
Code, relating to the subdivision of Lot 2, U.S. Survey 3103,
creating Lots 2A and 213, U.S. Survey 3103 (Omitted from the
April 20, 1994 regular meeting).
DUANE DVORAK explained that this motion was overlooked at
the Commission's April 20, 1994 regular meeting, and that
staff recommended that the Commission approve the waiver to
complete the preliminary approval of Case S94-006, granted at
the April meeting.
COMMISSIONER KNAUF MOVED TO GRANT a waiver, in
accordance with Section 16.110.010 (Waiver from
requirements) of the Borough Code, to permit the subdivision
of Lot 2, U.S. Survey 3103 into two lots which will not meet the
minimum 80 foot lot width requirement of the RR1--Rural
Residential One zoning district; and to adopt the findings
contained in the staff report dated March 10, 1994, as
"Findings of Fact" for this case.
FINDINGS OF FACT
P & Z Minutes: May 18, 1994 Page IS of 20
f 0 ,�
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r—
VIII.
X
1. The shape of proposed Lots 2A and 213, as required by
the strict application of the subdivision requirements,
will result in real difficulties for the subdividers. Strict
application of the 80 foot lot width requirement in the
RR1--Rural Residential One zoning district would result
in an odd lot shape for both lots. This is due to the
location of the proposed lot line between the existing
structures, which is necessary to meet the building
setback requirements. The proposed lot design is the
best possible design for Lots 2A and 2B, given the
topography of the surrounding area.
2. The waiver preserves the general intent and spirit of Title
16, because it permits the Commission to balance
priorities in the subdivision process. In this case, it is
more important to assure the setback requirements
between structures on Lots 2A and 2B, than it is to
ensure that the lot width is exactly 80 feet. Both lots will
still be in excess of the 20,000 square foot minimum lot
size requirement of the Borough zoning 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.
REPORTS
LINDA FREED reported that Duane Dvorak was leaving Kodiak, as
he had accepted a job with the City of Wasilla, and that Bob Scholze
had been hired to fill his position in the Community Development
Department. The vacancy created by Mr. Scholze would be
advertised in the community beginning on May 20.
She also reported that Tony Perez had appealed the Planning and
Zoning Commission's decision to deny his variance request for Case
94-015, and that the City Council would be hearing the appeal.
The following upcoming meetings were announced:
Wednesday, May 25 - Worksession, Lakeside Subdivision
Wednesday, June I - Worksession, KIB Coastal Management
Program
Thursday, June 9 - Joint Worksession with Assembly to review draft
of Coastal Management Program
Wednesday, June 8 - Packet Review worksession
COMMISSIONER BARRETT MOVED TO ACKNOWLEDGE
RECEIPT of reports. The motion was seconded and CARRIED by
unanimous voice vote.
P & Z Minutes: May 18, 1994
Page 19 of 20 otl
There were no further reports.
XI. AUDIENCE COMMENTS
Phil Chiaravalle appeared to thank the Commission for their time
and to invite them to the KISA Range on Monday, May 23, at 7:00
p.m. for a NRA Junior Night, in which youth can shoot against their
parents. He reported that several of the youth that have been
practicing for the past nine months, would very probably be
attending college on shooting scholarships.
XII. COMMISSIONERS' COMMENTS
COMMISSIONERS BARRETT, KNAUF, BONNEY and FRIEND all
commended MR. DVORAK for his years of professionalism and
thorough work on the reports to the Commission. They agreed that
he would be missed and wished him good luck.
XIII. ADJOURNMENT
CHAIR FRIEND adjourned the meeting at 10:15 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
LN
Friend, Chair
ATTEST
By: �.l-Q-��— (Q
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: June 15, 1994
P & Z Minutes: May 18, 1994 Page 20 of 20
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