1994-12-21 Regular MeetingI.
II.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - DECEMBER 21, 1994
MINUTES
CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was
called to order at 7:35 p.m. by Vice Chair Knauf on December 21,
1994 in the Borough Assembly Chambers.
ROLL CALL
Commissioners Present:
Jeff Knauf, Vice Chair
Tuck Bonney
Ken Gordon
Pat Szabo
Darlene Turner
Commissioners Absent:
Bruce Barrett - Excused
Jerrol Friend - Excused
A quorum was established.
APPROVAL OF AGENDA
Others Present:
Bob Scholze, Associate Planner
Community Development Dept.
Eileen Probasco, Secretary
Community Development Dept.
Staff reported the following additions to the agenda:
COMMUNICATIONS
D) Summary of public comments received at December 7, 1994
public hearing on the Tugidak Island Critical Habitat Area
Draft Management Plan.
E) Letter dated December 16, 1994 to Arlene Murphy, OMB-DGC,
from Linda Freed, RE: Proposed fill on Lot 7A, Block 5, Miller
Point Alaska Subdivision.
F) Letter dated December 19, 1994 to Commissioner, Dept. of
Public Transportation & Facilities, from Tom Bouillion, RE:
Draft, Alaska Statewide Transportation Plan, Vision: 2020.
COMMISSIONER BONNEY MOVED TO ACCEPT the agenda with the
additions reported by staff. The motion was seconded and CARRIED
by unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER SZABO MOVED TO ACCEPT the minutes of the
November 16, 1994 Planning and Zoning Commission regular
P & Z Minutes: December 21, 1994 Page 1 of 8
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meeting as presented. The motion was seconded and CARRIED by
unanimous voice vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case 94-043. Request for a variance from Section
17.60.020.13 and C, of the Borough Code to permit a twelve (12)
foot high, (rather than the permitted six (6) foot high), (72 sq.
feet) illuminated sign, which will be operated during hours of
darkness, (rather than the permitted hours of 7:00 a.m. to
10:00 p.m.) in the R-2--Two Family Residential zoning district.
Tract B-1, Woodland Acres Subdivision, 3rd Addition, 3415
Woodland Drive.
BOB SCHOLZE indicated 51 public hearing notices were
mailed for this case and 3 were returned, 1 stating non -
objection, and 2 stating concern about hours of illumination.
Staff reported that the applicant had revised their original
request by deleting the portion requesting extended hours of
illumination. Staff recommended approval of this request.
COMMISSIONER BONNEY MOVED TO GRANT a request for a
variance from Section 17.60.020.13 and C, of the Borough Code
to permit a twelve (12) foot high, (rather than the permitted six
(6) foot high), (72 sq. feet) illuminated sign, on Tract B-1,
Woodland Acres Subdivision, 3rd Addition; and to adopt the
findings contained in the staff report dated December 5, 1994
as "Findings of Fact" for this case.
FINDINGS OF FACT
17.66.050 A.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 circumstance or condition on
this property is the grade differential between the driving
surface of Rezanof Drive and the base of the church. The
grade at the base of the church is approximately ten to
twelve (10 - 12) feet lower than Rezanof Drive. Therefore,
the height of the sign relative to the road, from where
most observers will view it, is no more than a few feet.
17.66.050 A. 2. Strict application of the zoning ordinances
would result in practical difficulties or unnecessary hardships.
If the zoning ordinance were strictly applied and the
height of the sign limited to six (6) feet at point of
installation, the sign would be below the level of the road.
The purpose for having a sign facing the road would then
be frustrated to the degree that it would not be able to be
noticed by people driving by.
P & Z Minutes: December 21, 1994 Page 2 of 8 —
17.66.050 A.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.
The granting of the variance will not be prejudicial to
other properties in the area nor detrimental to public
health, safety and welfare. The sign will be effectively
screened by the church building from most of nearby
residential properties. The sign at a height above road
grade will allow the permitted non-residential use on the
property to be announced (advertised) consistent with
other non-residential uses along Rezanof Drive, and, by
issuance of a building permit, will be required to meet
building code safety standards for size and height.
17.66.050 A.4. The granting of the variance will not be
contrary to the objectives of the Comprehensive Plan.
Inherent in the 1968 Borough Comprehensive Plan
designation of this area as mobile home parks is medium
to high density residential use. That is how the zoning in
this area has evolved, and both the R2--Two-family
Residential and R3--Multifamily Residential zoning
districts list churches as a permitted use.
17.66.050 A.S. That actions of the applicant did not cause
special conditions or financial hardship from which relief is
being sought by the variance.
Natural topography, not an action of the applicant, is the
reason that the final grade of the property is significantly
lower that road grade.
17.66.050 A.6. That the granting of the variance will not
permit a prohibited land use in the district involved.
Churches, and signs announcing their denomination and
hours of service, are permitted uses in the R2--Two-
family Residential zoning district.
The motion was seconded.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by
unanimous roll call vote.
B) Case 594-037. Request for preliminary approval of the
subdivision of Lot 7, Block 1, Miller Point Alaska Subdivision
P & Z Minutes: December 21, 1994 Page 3 of 8
1st Addition, creating Lots 7A, 713, and 7C, Block 1, Miller
Point Alaska Subdivision 1st Addition. 595 Lilly Drive.
BOB SCHOLZE indicated 47 public hearing notices were
mailed for this case and none were returned. He reported that
the location of the sewer easement had been changed, and the
electrical easement revised to reflect a request from KEA. Staff
pointed out that a revised preliminary plat (dated December 21,
1994) had been submitted, reflecting these changes. Staff
noted that the KIB Engineering/Facilities department had
expressed concern about some large spruce trees on or near the
sewer easement bordering Lot 8. CDD staff said that two of the
trees in question were actually located on Lot 8, and felt it was
inappropriate to place a condition on the subdivision, which
related to trees on a different lot. Mr. Scholze stated that the
applicant said he would address concerns about the trees with
the neighbor. Staff recommended approval of this request, as
reflected on the revised plat, subject to three conditions.
COMMISSIONER TURNER MOVED TO GRANT preliminary
approval of the subdivision of Lot 7, Block 1, Miller Point
Alaska Subdivision 1st Addition, creating Lots 7A, 7B, and 7C,
Block 1, Miller Point Alaska Subdivision 1st Addition, (as
reflected on the revised prelminary plat dated December 21,
1994) subject to the three (3) conditions of approval contained
in the Summary Statement dated December 21, 1994 and to
adopt the findings in the staff report dated December 5, 1994
as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Install the sanitary sewer service to proposed Lot 7C as
required by KIB Code Section 16.70.020.2.A.
2. Arrange for installation of guard posts to protect the fire
hydrant adjacent to the driveway to proposed Lot 7A at
the end of Ptarmigan Pass Street.
3. Remove or move the garage/shed to a location in
compliance with the zoning code on one of the proposed
new lots.
FINDINGS OF FACT
1. This plat meets the minimum standards of survey
accuracy and proper preparation of plats required in Title
16 of the Borough Code.
2. This plat meets all the requirements of Title 17 of the
Borough Code.
3. This plat provides a subdivision of land that is consistent
with adopted Borough plans for this area.
The motion was seconded.
Regular Session Closed.
Public Hearing Opened:
P & Z Minutes: December 21, 1994 Page 4 of 8 ) ?7
Adam Hehl, applicant, appeared before the Commission to
answer questions, and to express support for this request. He
stated that he had been in contact with the neighbor
concerning the trees and felt they would resolve the issue soon.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER SZABO asked about the Commission's
responsibility to address the concern about the trees with a
condition of approval.
BOB SCHOLZE responded that the applicant was approaching
the concern in a reasonable manner and felt that he and the
neighbor would resolve the issue. He stated that placing a
condition on an adjoining lot could be problematic. Staff felt
that the applicant was aware of his potential for liability and
that the issue was between the property owners.
COMMISSIONER SZABO was satisfied that the property owners
would deal with the concern for the trees in a reasonable
The question was called and the motion CARRIED by
unanimous roll call vote.
VII. OLD BUSINESS
A) Case S94-024. Findings of fact for the denial of the
subdivision of Lot 21-A, Block 7, Monashka Bay Alaska
Subdivision, creating Lots 21A-1 and 21A-2, Block 7,
Monashka Bay Alaska Subdivision. 3399 Peninsula Road and
Lakeview Drive (Postponed from the November 16, 1994
regular meeting).
COMMISSIONER GORDON MOVED TO ADOPT findings of
fact contained in the staff report dated December 5, 1994 in
support of the denial of a request for preliminary approval of
the subdivision of Lot 21-A, Block 7, Monashka Bay
Subdivision.
FINDINGS OF FACT
Kodiak Island Borough Code Section 16.40.050 states, in part,
that the following may be taken into consideration by the
Commission in determining the appropriateness of a
subdivision:
Adequacy of access for additional traffic volume;
Adequacy of access from a safety standpoint (e.g., road
grades, line of sight considerations);
The driveway access standards of chapter 15.26,
The utility installation requirements of Title 13 Utilities
P& Z Minutes: December 21, 1994 Page 5 of 8 4 0
In addition, Section 16.70.020 requires all lots in a
subdivision to be provided with access to the sewer and water
main lines, and stub -outs to be provided to lots not adjacent
to existing sewer and/or water mains.
r The Commission's concern about compliance with a number
of these code requirements resulted in denial of preliminary
plat approval due to the lack of engineering information
indicating that compliance could be achieved. Specifically,
the Commission had requested engineering documentation
demonstrating the adequacy of the sewer utility system,
already extended along a utility easement to existing Lot 21-A
from the main line located in Peninsula Drive and operating
by benefit of a grinder pump, to handle the additional
demands from a newly created lot. The Commission, because
of the significant slopes existing on proposed Lot 21A-2, also
requested engineering documentation demonstrating that a
driveway meeting Borough code standards could be provided
to a suitable building site on the property.
At public hearing, the adjacent neighbor testified that any
attempt to construct a driveway in the flagstem of proposed
Lot 21A-2, on the Peninsula Drive side, would only exacerbate
the hazardous conditions that presently exist during winter
ice and snow conditions. Alternatively, the steep slopes on
the Lakeview Drive side of proposed Lot 21A-2 appear
prohibitive to construction of a driveway within the f'fteen
percent (15%) grade slope maximum required by KIBC
Section 15.26.040.D. No engineering documentation has been
provided that a legal driveway can be constructed from either
side of the property.
The Borough Facilities/Engineering staff has demonstrated
that the fifteen (15) foot vertical differential between the
easterly and westerly sides of the thirty (30) foot wide
flagstem, assuming conformance with the required cut and
fill slopes of 1 and 1/2 to 1, leaves only 7.5 feet for driveway
access surface. KIBC code Section 15.26.040.B requires a
minimum of twelve (12) feet drive access width.
The Facilities/Engineering Department staff report has
questioned whether the pressurized public sewer line can
adequately serve a new lot. Past performance of the existing
grinder pump has shown that it has not worked, occasionally
resulting in the overflow of raw sewage on the ground. No
'— engineering information has been provided to the
Commission demonstrating additional capacity of the sewer
system in this area.
KIBC Section 13.01.055 does not permit individual service
lines to cross private property other that the lot which the
utility connection services. Under the preliminary
subdivision design submitted, utilization of the existing
grinder pump and water line to continue servicing the house
presently located on proposed Lot 21-A-1 would be in
violation of this code section since both would either be
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XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
XIII. ADJOURNMENT
VICE CHAIR KNAUF adjourned the meeting at 7:50 p.m.
ATTEST
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
Jeff,. uf, Vice Chair
C
By: 42�� pz-,X�
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: January 18, 1995
P & Z Minutes: December 21, 1994 Page 8 of 8 � tj 3