1995-03-15 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING -MARCH 15, 1995
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 Friend on March 15, 1995 in the
Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present: Others Present:
Jerrol Friend, Chair Bob Scholze, Associate Planner
Donna Bell Community Development Dept.
Ken Gordon Eileen Probasco, Secretary
Jeff Knauf Community Development Dept.
Pat Szabo
Darlene Turner
Commissioners Absent:
None
One position vacant
A quorum was established.
III. APPROVAL OF AGENDA
COMMISSIONER SZABO 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
February 15, 1995 Planning and Zoning Commission regular meeting
as presented. The motion was seconded and CARRIED by
unanimous voice vote.
P & Z Minutes: March 15, 1995 Page 1 of 14
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V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case 95-003. Request for a conditional use permit, in
accordance with Sections 17.13.040.2 and .8 of the Borough
Code, to permit a float plane facility and associated structures
to be located in the C--Conservation zoning district. A portion
(11.5 acre parcel) of U.S. Survey 4947, located at Trident Basin,
on Near Island.
BOB SCHOLZE indicated that 12 public hearing notices were
mailed for this case and 1 was returned, in favor of this
request. He reported that the Commission had been provided
with a supplemental memorandum, which reflected suggested
conditions of approval, as a result of discussion at the packet
review worksession. Staff recommended approval of this
request with two conditions.
COMMISSIONER SZABO MOVED TO GRANT a request for a
conditional use permit, in accordance with Section 17.13.040.2
& 8, of the Borough Code, to permit a floatplane facility,
including associated structures and development, to be located
on a portion (approximately 11.5 acres) of U.S. Survey 4947,
and U.S. Survey 2261, at Trident Basin, on Near Island (further
described by the meets and bounds description dated March 8,
1995), subject to the conditions of approval in the staff report
dated March 13, 1995. and to adopt the findings contained in
the staff report dated March 1, 1995 as "Findings of Fact" for
this case.
CONDITIONS OF APPROVAL
1. A detailed site plan in accordance with KIBC 17.67.030
must be submitted to the Commission for review prior to
issuance of a zoning compliance permit for all structures
in the area encompassed by the CUP that are four
hundred (400) square feet or larger and all structures of
any size placed on a permanent foundation.
P & Z Minutes: March 15, 1995 Page 2 of 14 m='.
2. The storage and dispensing of petroleum products and
fuel related to floatplane facility use must comply with all
applicable ADEC and EPA guidelines and regulations.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value.
spirit, character and integrity of the surrounding area
Since this site was specifically designated as a float plane
facility in an adopted element of the Borough
Comprehensive Plan, this conditional use will preserve
the value, spirit, character and integrity of the
surrounding area. The success with which that will be
accomplished might be measured by the extent that
natural vegetation and landscaping on slopes adjoining
the CUP site is retained to provide buffering between this
and other potential uses by the City of Kodiak.
17.67.05 B. That the conditional use fulfills all other
requirements of this chapter pertaining to the conditional use
in question.
Based on the site plan and other supporting
documentation, it appears that the conditional use permit
will fulfill all other requirements of chapters 17.67
(Conditional Use Permits) and 17.13 (C--Conservation
Zoning District) of Borough Code. The special district
regulations for the C--Conservation zoning district (KIBC
17.13.090) concerning impacts on the natural
environment and preservation of natural features specific
to vegetation coverage, drainage patterns, erosion, and
water quality and flow have been previously addressed in
Corps of Engineer permit evaluations and State of Alaska
Coastal Management consistency determinations. There
is no scientific evidence that development of the float
plane facility will have a cumulative effect resulting in a
major impairment of the environment, as referenced in
KIBC 17.13.090.2.b.
17.67.05 C. That granting the conditional use permit will not
be harmful to the public health, safety, convenience and
comfort.
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The granting of the conditional use permit will not be
harmful to the public health, safety, convenience and
comfort. It will, in fact, eliminate the dangerously
crowded navigation situation existing in the St. Paul
Harbor Channel where presently float planes and boats
share operations.
The opportunity of designating a virtually pristine,
ideally suited tidal area in near proximity to the city for
airplane use should ensure a minimal amount of conflicts
since future uses and development nearby can be
planned with an existing floatplane facility in mind.
Future structural development will be controlled by
airport regulations addressing glide slope, approach
surfaces and clear zones to ensure safety. The few
existing structures on Trident Basin are not within what
might be generally described as the "runway" clear zone
or approach surface. Potential negative impacts resulting
from noise on proposed neighboring residential areas can
be controlled and mitigated by maximum retention of
natural buffering and landscaping in the planning and
siting of future land development.
17.67.05 D. That sufficient setbacks, lot area, buffers or other
safeguards are are being provided to meet the conditions listed in
subsections A through C of this section.
Even more than the twenty-five (25) foot setbacks
required from property lines (CUP boundary) by C--
Conservation zoning district regulation, the natural
topography in this area will serve to provide buffering
and safeguards against conflicts arising from potential
incompatibilities of future mixed uses. The routing of
the road has taken advantage of a natural ravine in
accessing Trident Basin. The designated CUP site, under
consideration in this request, lies exclusively within that
natural lowland and along a pad excavated almost at
water surface level. If future proposed residential
development is planned to be sited over the crest of the
slopes of this ravine, a natural and effective buffer should
be provided by slopes and vegetation.
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t
17.67.05 E. 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
That this proposed public use is located in a manner
which will maximize public benefits is evidenced by the
fact that this site is specifically proposed as a floatplane
facility in the Near Island Comprehensive Plan. This
was, in no small measure, a result of an awareness of the
safety hazard created by the operation of float planes in
the St. Paul Harbor Channel. Establishing the float plane
facility in Trident Basin will also maximize return on the
public investment associated with construction of the
road and installation of sewer and water lines.
The motion was seconded.
Regular Session Closed.
Public Hearing Opened:
Ben Ardinger appeared before the Commission and expressed
concern for the aesthetic development of this site. He
suggested that condition of approval #1 be revised, as follows:
1. A detailed site plan in accordance with KIBC 17.67.030
must be submitted to the Commission for review prior
to issuance of a zoning compliance permit for all
structures in the area encompassed by the CUP -that a
four--- -- feet--oF--- laFgeir --and---all
stractu4�e-s--- 4--- any ---- size --- placed ----an ---- a --- permanent
foundation-.
Bob Pfutzenreuter, representing the University of Alaska
Fishery Industrial Technology Center, appeared before the
Commission and expressed support for this request, but
wanted the Commission to be aware of their intent to install a
dock facility for research purposes, in the small cove located
north east of the proposed float plane facility, sometime in the
future.
Public Hearing Closed.
Regular Session Opened.
P & Z Minutes: March 15, 1995 Page 5 of 14 _
COMMISSIONER KNAUF asked City of Kodiak Councilmember
Kathy Colwell, who was seated in the audience, to answer
some questions he had concerning the City's lack of a site plan
for the CUP.
Kathy Colwell appeared before the Commission and said she
agreed, that the City should provide a more detailed site plan,
but that because of the Home Rule status of the City of Kodiak,
she felt that some Councilmembers believe they do not have to
provide site information. Ms. Colwell believed that the City
should work more closely with the Planning and Zoning
Commission on their projects and plans, and stated that only
the float plane facility, and not the site plan, was discussed at
the City Council meeting prior to submittal to the Commission.
COMMISSIONER KNAUF believed that if a similar request for a
CUP were received from an individual or business, a detailed
site plan would most definitely be required. He felt that the
community should be provided with the opportunity to review
a site plan for this development.
Kathy Colwell agreed that a site plan should be provided. She
felt, personally, that it would be beneficial for the different
governmental agencies to work more closely with each other in
the development of these types of projects.
COMMISSIONER KNAUF thanked Ms. Colwell for her input.
The Commission discussed the need for a more detailed site
plan, and their desire to not delay the installation of the floats.
COMMISSIONER TURNER said that she visited the site and
was concerned about adequate parking, and where structures
would be located in the area proposed for the CUP.
BOB SCHOLZE reported that the City had originally hoped to
have the floats in place to accommodate the summer air taxi
traffic, but that since then, they decided it would be more
appropriate to wait until fall, so as not to generate additional
vehicular traffic on the Trident Basin road during the time they
were installing water and sewer services. MR. SCHOLZE stated
that the installation of the floats, to make the float plane
facility operational, could still be approved, while requiring
more detailed site plans prior to structural development.
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COMMISSIONER SZABO felt comfortable approving the
conditional use permit for the floats, as she felt the City was a
responsible land developer, and now that they were aware of
the concerns of the Commission and the need for an
appropriate site plan, they would develop the facility in a
responsible manner.
COMMISSIONER SZABO MOVED TO AMEND THE MAIN
MOTION by revising condition of approval #1 to read:
1. A detailed site plan in accordance with KIBC 17.67.030
must be submitted to the Commission for review prior to
issuance of a zoning compliance permit for all structures
in the area encompassed by the CUP.
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.
B) Case 95-004. Request for a variance from Section
17.17.050.13, Side Yards, of the Borough Code, to permit a
proposed garage addition to an existing single-family residence,
to encroach no more than five (5) feet into the required ten (10)
foot side setback. Lot 3A-1, Block 1, Miller Point Alaska
Subdivision, 4806 Rezanof Drive.
BOB SCHOLZE indicated that 13 public hearing notices were
mailed for this case and none were returned. Staff
recommended approval of this request.
COMMISSIONER GORDON MOVED TO GRANT a request for a
variance from Section 17.17.050.13, Side yards, of the Borough
Code, to permit a proposed garage addition to an existing
single-family residence, to encroach no more than five (5) feet
into the required ten (10) foot side yard setback; and to adopt
the findings contained in the staff report dated February 29,
1995 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
P & Z Minutes: March 15, 1995 Page 7 of 14
development which generally do not apply to other properties
in the same land use district.
In this case, the topography on the property gains
elevation steeply at the rear and on the southeast side of
the house, constraining structural expansion in those
directions without considerable excavation. Variances
provide for the fact that all lots in a particular zoning
district are not equally developable according to a single
set of development standards.
17.66.050 A.2. Strict application of the zoning ordinances
would result in practical difficulties or unnecessary hardships
Strict application of the zoning ordinance would result in
the practical difficulty of the property owners having to
pursue considerable, and probably expensive, excavation
for site development in order to attach a garage to their
house.
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 healthsafety and
welfare.
Granting of the variance will not be prejudicial or result
in material damage to other properties in the vicinity, nor
be detrimental to the public safety and welfare. The five
(5) foot setback remaining provides adequate access for
fire safety on residential property. In addition, there is
effectively a thirty-five (35) foot setback created on
adjacent Lot 2A at this point by the combination of two
easements. This would guarantee for the future a
minimum of forty (40) feet separation between structures
along this common lot line, double what would be
provided by implementation of the two ten (10) foot
setbacks (one on each side of the common lot line)
required by zoning district regulations.
17.66.050 A.4. The granting of the variance will not be
contrary to the objectives of the Comprehensive Plan
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The comprehensive plan identifies this area as residential
unclassified. Granting of this variance will have no effect
on the objectives of the Comprehensive Plan.
17.66,050 A.B. That actions of the applicant did not cause
special conditions or financial hardship from which relief is
being sought by the variance.
When the applicants constructed their house on this
property in 1980, it was zoned RR -Rural Residential and
the required side yard setback was then, as now, ten (10)
feet. The house was constructed as far to the east (right,
facing the house) as the topography would practically
allow, leaving twenty-five (25) feet clearance on the
westerly side yard. It cannot be said that their actions
caused the special condition from which relief is now
being sought since the steep slopes on the property
essentially dictated where the house could be placed and
it was placed as far as practical away from the side lot
line now in question.
17.66.050 A.6. That the granting of the variance will not
permit a prohibited land use in the district involved
The granting of the variance will not permit a prohibited
land use in this district.
The motion was seconded.
Regular Session Closed.
Public Hearing Opened:
John Pozun, applicant, appeared before the Commission to
answer questions and to express support for this request.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by
unanimous roll call vote.
( C) THIS CASE WAS WITHDRAWN FROM THE AGENDA BY THE
APPLICANT.
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D) Case S94-020. Request for preliminary approval of the
subdivision of Lots 6 and 7, Brookers Lagoon, creating Lots 6A
through 6G, and Lot 7A, Brookers Lagoon. 37632 Chiniak
Highway (Postponed and revised from the July, August,
September and October, 1994 and the January, 1995
regular meetings).
BOB SCHOLZE indicated that 22 public hearing notices were
mailed for this case and 1 was returned, expressing concern
about adequacy of septic system in relation to proposed lot
sizes. Staff recommended postponement of this request until a
redesigned preliminary subdivision proposal is submitted.
COMMISSIONER KNAUF MOVED TO GRANT preliminary
approval of the subdivision of Lots 6 and 7, Brookers Lagoon,
creating Lots 6A through 6G, and Lot 7A, Brookers Lagoon.
The motion was seconded.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNAUF MOVED TO POSTPONE action on
the subdivision of Lots 6 and 7, Brookers Lagoon, creating Lots
6A through 6G, and Lot 7A, Brookers Lagoon, until a
redesigned preliminary subdivision proposal is submitted, and
to schedule the case as a public hearing on the next available
Planning and Zoning Commission agenda.
The motion to postpone was seconded and CARRIED by
unanimous roll call vote.
E) Case S95-004. Request for preliminary approval of the
subdivision of Lot 5, Block 1, Port Wakefield Subdivision,
creating Lots 5A and 513, Block 1, Port Wakefield Subdivision.
Generally located on Kizhuyak Drive, in Port Lions (Postponed
from the February 15, 1995 regular meeting).
P & Z Minutes: March 15, 1995 Page 10 of 14
BOB SCHOLZE indicated that 8 public hearing notices were
mailed for this case and that a resolution was returned from
the City of Port Lions opposing the subdivision until adequate
water and sewer services could be provided. Staff
recommended postponement of this request, until the April,
1995 Planning and Zoning Commission regular meeting.
COMMISSIONER TURNER MOVED TO GRANT preliminary
approval of the subdivision of Lot 5, Block 1, Port Wakefield
Subdivision, creating Lots 5A and 5B, Block 1, Port Wakefield
Subdivision.
The motion was seconded.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER TURNER MOVED TO POSTPONE action on
the subdivision of Lot 5, Block 1, Port Wakefield Subdivision,
creating Lots 5A and 513, Block 1, Port Wakefield Subdivision,
until the April, 1995 Planning and Zoning Commission regular
meeting and to schedule it for a public hearing at that time.
The motion to postpone was seconded and CARRIED by
unanimous roll call vote.
F) Case S95-005. Request for preliminary approval of the
vacation of Lots 2 and 3, Lakeside Subdivision, 2nd Addition, a
portion of an electrical easement, and a portion of Selief Lane
right-of-way, and replat to Lot 2A, Lakeside Subdivision, 2nd
Addition. 2647 and 2716 Selief Lane.
BOB SCHOLZE indicated that 31 public hearing notices were
mailed for this case and none were returned. Staff
recommended approval of this request.
P & Z Minutes: March 15, 1995 Page 11 of 14
COMMISSIONER BELL MOVED TO GRANT preliminary
approval of the vacation of Lots 2 and 3, Lakeside Subdivision,
2nd Addition, a portion of an electrical easement, and a portion
of Selief Lane right-of-way, and replat to Lot 2A, Lakeside
Subdivision, 2nd Addition, and to adopt the findings in the staff
report dated February 23, 1995 as "Findings of Fact' for this
case.
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:
Kathy Colwell, representing Horseshoe Lake Community
Association, appeared before the Commission and expressed
support for this request.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by
unanimous roll call vote.
VII. OLD BUSINESS
There was no old business.
VIII. NEW BUSINESS
There was no new business.
P & Z Minutes: March 15, 1995 Page 12 of 14
IX. COMMUNICATIONS
COMMISSIONER SZABO MOVED TO ACKNOWLEDGE RECEIPT
of items A through D of communications. The motion was seconded
and CARRIED by unanimous voice vote.
A) Letter dated February 28, 1995 to Lance Trasky, ADF&G
Habitat Division, from Rolan Ruoss, Kodiak pilot, RE:
Comments on Tugidak Island Critical Habitat Draft
Management Plan.
B) Letter dated February 28, 1995 to Wayne Selby from Tom
Bouillion, RE: Illegal dwelling on Lot 16, U.S. Survey 3471.
C) Letter dated February 28, 1995 to Brian Johnson and Kristin
Stahl -Johnson from Tom Bouillion, RE: Construction without
permits on Lot 12A, Block 1, Island Lake Subdivison.
D) Letter dated February 17, 1995 to Vito Kalcic from Tom
Bouillion, RE: Illegal construction on Lot 7 and a portion of Lot
10, Block 33, East Addition.
There were no further communications.
X. REPORTS
COMMISSIONER KNAUF MOVED TO ACKNOWLEDGE RECEIPT
of reports. The motion was seconded and CARRIED by unanimous
voice vote.
There were no further reports.
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
XIII. ADJOURNMENT
CHAIR FRIEND adjourned the meeting at 8:45 p.m.
P & Z Minutes: March 15, 1995 Page 13 of 14
c
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
l pR Jerrol Fri nd,/,Chair
ATTEST
By: �✓wr2� __-_,
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: April 19, 1995
P & Z Minutes: March 15, 1995
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