1996-07-17 Regular MeetingC
C
I.
II.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - JULY 17, 1996
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 July 17, 1996 in the Borough Assembly Chambers.
ROLL CALL
Commissioners Present:
Jerrol Friend, Chair
Donna Bell
David Neshiem
Roberta Scheidler
Marty Shuravloff
Commissioners Absent:
Darlene Turner - Excused
Clarence Selig - Excused
A quorum was established.
APPROVAL OF AGENDA
Others Present:
Linda Freed, Director
Community Development Dept.
Bob Scholze, Associate Planner
Community Development Dept.
Eileen Probasco, Secretary
Community Development Dept.
COMMISSIONER BELL 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 NESHEIM MOVED TO ACCEPT the minutes of the June 19, 1996
Planning and Zoning Commission regular meeting as presented. The motion was
seconded and CARRIED by unanimous voice vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
Lisa Markato, resident at 1579 Monashka Circle, appeared before the Commission to
speak about Old Business Item A, Case 96-002, and about commercial fishing gear
P & Z Minutes: July 17, 1996
Page 1 of 17
storage on RRl lots, in general. She stated that she owned the lot next to Mr. Haggren's
lot. She presented the Commission with photographs of the fishing gear stored on the lot,
and pointed out that some of it encroached onto her property. Ms. Markato said that she
had spoken with Mr. Haggren and was assured that the gear would be removed, but that it
hasn't happened yet. She felt like her concerns were being disregarded as a property
owner and a neighbor, and felt that the problem had gone on too long. She stated that she
does not believe the problem to be insufficient space for gear storage, the problem was
that, until forced to address the issue of providing gear storage, the City/Borough would
do nothing to fix the problem. She, as a residential property owner, was not responsible
for providing a solution to the problem. Ms. Markato did not feel that rezoning or
changing the RRl code was the answer. Enforcement of current regulations was the only
solution. She did not feel it was fair for Mr. Haggren "to live in his (nice new) home in
Pearson Cove, and complain about his neighbors' encroachment onto his property, while
he continues to illeaglly store gear on his property in Monashka Bay, a view he does not
have to tolerate or share." She encouraged the Commission to enforce the rules, and not
to extend enforcement of this appeal.
Tom Quick, Vice Mayor for City of Ouzinkie, appeared before the Commission to
encourage approval of the Ouzinkie watershed rezone.
VI. PUBLIC HEARINGS
A) Case 96-012. An appeal of an administrative decision, according to Section
17.90.010.11 of the Borough Code, that the existing business (welding/machine
shop) on Lot 16 and a portion of Lot 15, Block 7, Leite Addition, does not meet
the standards of 17.06.320 (Home Occupations) of the Borough Code. 1425
Yanovsky Street.
BOB SCHOLZE indicated 37 public hearing notices were mailed for this case and
6 were returned, 4 supporting the appeal, and 2 stating they felt the appeal should
be denied. Staff recommended denial of the appeal request, and that the
administrative decision be upheld.
COMMISSIONER SCHEIDLER MOVED TO UPHOLD an administrative
decision that the existing business (welding/machine shop) on Lot 16 and a
portion of Lot 15, Block 7, Leite Addition does not meet the standards of
17.06.320 (Home Occupations) of the Borough Code, and order that it be brought
into compliance within thirty (30) days, either by continuing the business within
the standards defined by code for home occupations or, if not possible due to the
industrial nature of the business, discontinuing this business use of the property,
and to adopt the findings contained in the staff report dated July 8, 1996 as
"Findings of Fact" for this case.
P & Z Minutes: July 17, 1996 Page 2 of 17 '
FINDINGS OF FACT
1. The business use consisting of welding/machine repair on this R3
residential property is not consistent with KIBC Section 17.20.010 which
states that the specific intentions of the R3 Zoning District are: to prohibit
commercial and industrial land uses and any other use of the land which
would interfere with the development or continuation of residential
dwellings in the district; to encourage the discontinuance of existing uses
that are not permitted under the provisions of the chapter; and, to
discourage any use which would generate other than normal vehicular
traffic on streets serving residents.
2. The welding/machine shop use of this property is industrial in nature and,
as such, exceeds the scope of and conflicts with the standards of a home
occupation as defined by KIBC 17.06.320. The documented potential for
noise, glare and fumes inherent to the activity, as well as the visual impact
resulting from storage and utilization of equipment, projects, and parts
related to what is essentially an industrial use changes the residential
character of the neighborhood.
3. There are potential health and safety concerns associated with the storage
and use of compressed gas needed for commercial welding operations as
confirmed by the City Fire Department and referenced by the Uniform
Building Code, Chapter 9 addressing mixed occupancy and hazardous
materials.
4. There have been negative off -site impacts resulting from increased on -
street parking and traffic related to this commercial use on a narrow,
unimproved, dead-end street in a residential neighborhood.
The motion was
Regular Session Closed.
Public Hearing Opened:
Ed Saunders, of 1427 Yanovsky Street, appeared before the Commission and
encouraged them to deny the appeal request. He felt there was inadequate traffic
control and parking to support the business as it existed. He also expressed
concern that the building did not meet UBC fire/safety codes for a
welding/machine shop. He also felt that having this business in his neighborhood
devalued his home. Mr. Saunders felt that this business, as it exists, goes beyond
the realm of qualifying as a home occupation. He commented on the high volume
of activity generated by the business.
P & Z Minutes: July 17, 1996 Page 3 of 17
Fred Nass, appellant, appeared before the Commission and expressed support for
this appeal request. He felt that his business provided a much needed service to
the neighborhood and community. He acknowledged that some of the equipment
had been allowed to accumulate for one reason or another and stated his intent to
remove that which he no longer used. Mr. Nass said that he provided services to
many businesses and individuals, even some within his neighborhood, and that
many of the neighbors actually supported his business as a home occupation. He
stated that he operated almost entirely within his garage/shop and that he did not
generate any unnecessary noise or glare.
Tom Quick appeared before the Commission and expressed support for this
appeal request. He said that he had used Mr. Nass's services and was pleased with
the results. He said the shop was very neat and orderly, and that the problem
appeared to be more that part of the yard was used for storage, and that parking
was inadequate. Mr. Quick felt that Mr. Nass provided an important service to the
community.
Ed Saunders appeared again to reiterate that he did not disagree with the fact that
Mr. Nass's business provided a needed service in the community. He felt that the
problem was that this business was not compatible with a residential
neighborhood. He stated that he was not there to close the business, but was
_ mainly concerned with the long term impact of the welding shop on the
neighborhood and his home.
Public Hearing Closed.
Regular Session Opened.
CHAIR FRIEND felt that conditions could be placed on the home occupation to
allow it to continue. COMMISSIONER BELL agreed.
COMMISSIONERS SCHEIDLER and SHURAVLOFF felt that the home
occupations standards were clear and that the business was too "industrial" to be
permitted in a residential neighborhood.
The question was called and the MOTION TO UPHOLD THE
ADMINISTRATIVE DECISION CARRIED by unanimous roll call vote.
CHAIR FRIEND stated that he still felt an agreeable compromise could be
reached, and that if Mr. Nass felt he could bring the home occupation into
compliance by fixing the parking/traffic flow problem, it should be allowed to
continue. He stated his intent to move for a reconsideration vote, so the
Commission could possibly postpone action until their next meeting to allow time
P & Z Minutes: July 17, 1996 Page 4 of 17
for Mr. Nass to formulate an appropriate plan addressing the concerns expressed
by neighbors.
LINDA FREED suggested that if the Commission was going to proceed along
those lines, they needed to understand that a motion had been made and approved,
and that it did not allow much latitude. The motion was to bring the business into
compliance or discontinue the business. Responding to CHAIR FRIEND'S
questions, Ms. Freed suggested they could vote to reconsider and then to amend
or postpone until the August meeting.
COMMISSIONER NESHEIM still felt that the home occupation standards were
clear and Mr. Nass had clear directions to follow on how to bring his business into
compliance. He would reconsider only if the neighborhood felt that it could be
brought into compliance.
CHAIR FRIEND MOVED TO RECONSIDER the vote to uphold the
administrative decision for Case 96-012.
The motion was SECONDED and FAILED by a roll call vote of 2-3.
COMMISSIONERS SCHEIDLER, NESHEIM, and SHURAVLOFF voted no.
_ LINDA FREED advised the audience of appeal rights for this case.
B) Case 96-013. Request for a rezone, in accordance with Section 17.72.030.0
(Manner of Initiation) of the Borough Code, of portions of T26S, R20W, Sections
S1/2 11, 13, 14, 23 & 24, and T26S R19W, Sections W1/2 18 & W1/2 19,
(Ouzinkie Watershed) f m RI -Single family residential 14 W-Watershed.
Generally located north east of the City of Ouzinkie, on Spruce Island.
BOB SCHOLZE indicated 9 public hearing notices were mailed for this case and
none were returned. Staff recommended forwarding this rezone request to the
Borough Assembly with a recommendation of approval.
COMMISSIONER NESHEIM MOVED TO RECOMMEND that the Kodiak
Island Borough Assembly approve the rezoning of portions of T26S, R20W,
Sections S 1/2 11, 13, 14, 23, & 24, and T26S, R19W, Sections W 1/2 18 and W
1/2 19, (Ouzinkie Watershed) from RI Single family Residential 14 W-Watershed,
and to adopt the findings of fact in the staff report dated July 8, 1996 in support of
this recommendation.
FINDINGS OF FACT
P & Z Minutes: July 17, 1996 Page 5 of 17
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
A rezone from RI -Single-family Residential to W-Watershed is needed and
justified because the W-Watershed zoning district permits development that:
A. will protect and regulate the Ouzinkie municipal water supply to ensure
maintenance of good water quality and ensure that future power generation
needs are met;
B. will prohibit all other land uses not compatible with the maintenance of
the municipal watershed; and
C. will eliminate an existing nonconforming land use.
17.72.020 B. Findings as to the Effect a Change or Amendment would have
on the Objectives of the Comprehensive Plan.
A change of zoning from Rl-Single family Residential to the W-Watershed
zoning district is necessary to provide basic protection of water quality for the
Ouzinkie community and to ensure that future power generation needs of the
community will be met. This rezone is in conformity with specific objectives and
recommendations stated in both the 1968 Borough Comprehensive Plan and the
1984 Ouzinkie Comprehensive Plan.
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.
C) Case S96-019. Request for preliminary approval of the vacation of Lot 7C, 713,
and 8A-1, Block 1, Kadiak Alaska Subdivision, 1st Addition, creating Lots 7C-1
713-1, 7D-2 and 8A-lA Block 1, Kadiak Alaska Subdivision, 1st Addition, and
vacation of a portion of a 10 foot utility easement between Lots 7C and 71), and
the removal of plat notes prohibiting the further subdivision of Lots 7C, 713, and
8A-1. 3509, 3529 & 3547 Sharatin Road.
P & Z Minutes: July 17, 1996 Page 6 of 17
BOB SCHOLZE indicated 54 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request subject to
conditions.
COMMISSIONER BELL MOVED TO GRANT preliminary approval of the
vacation of Lots 7C, 7D and 8A-1, Block 1, Kadiak Alaska Subdivision, 1st
Addition, creating Lots 7C-1, 713-1, 713-2, and 8A-IA, Block 1, Kadiak Alaska
Subdivision, 1st Addition, and vacation of a portion of a ten (10) foot wide utility
easement between Lots 7C and 71), and the removal of plat notes prohibiting the
future subdivision of Lots 7C, 713, and 8A-1, subject to the conditions of approval
contained in the staff report dated July 9, 1996, and to adopt the findings
contained in the staff report dated July 9, 1996 as "Findings of Fact' for this case.
CONDITIONS OF APPROVAL
1. Place a note on the plat stating: "In the course of developing individual
lots in this subdivision, the naturally occurring pond/wetland areas shall
not be filled or excavated, except to minimum necessary to provide
driveway access to upland building sites." In addition, the extent of the
wetland areas, as identified by the Corps of Engineers during a June 6,
1996 site visit and delineated on a diagram identified as "9-950848,
Virginia Creek" dated June 14, 1996, shall be indicated on the final plat.
2. Place a note on the plat stating: "Further subdivision of Lots 713-2 and
8A-lA is prohibited."
3. Place a note on the plat stating: "The flagstem easements created by this
plat are for the exclusive benefit of Lots 713-2 and 8A-IA.
4. Submit a private road agreement prior to final approval detailing the joint
responsibilities for maintenance of the shared driveway within the
flagstem access easement.
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.
P & Z Minutes: July 17, 1996 Page 7 of 17
The motion was SECONDED.
Regular Session Closed.
Public Hearing Opened:
Craig Johnson, applicant, 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.
D) Case 596-020. Request for preliminary approval of the vacation of Lot 1 and a
portion of Lot 2, Block 2, Miller Point Alaska Subdivision, and replat to Lots IA,
1B, 1C and 1D, Block 2, Miller Point Alaska Subdivision. 1171 Abercrombie
Drive.
BOB SCHOLZE indicated 12 public hearing notices were mailed for this case and
1 was returned, from the Alaska Division of Parks, expressing concern about
securing a pedestrian trail to assure access to Fort Abercrombie Park, and about
increased traffic resulting from the subdivision. Staff recommended approval of
this request subject to conditions.
COMMISSIONER SHURAVLOFF MOVED TO GRANT preliminary approval
of the vacation of Lot 1 and a portion of Lot 2, Block 2, Miller Point Alaska
Subdivision, and replat to Lots IA, 113, 1C, and 1D, Block 2 Miller Point Alaska
Subdivision, subject to the conditions of approval contained in the revised
summary statement dated July 16, 1996 and to adopt the findings contained in the
staff report dated July 9, 1996 as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Install individual water and sewer service for each of the four lots
proposed. Water services will service each lot directly from Abercrombie
Drive right-of-way. Sewer services may utilize an easement as outlined in
Condition #4. Prior to final plat approval, disconnect from the existing
system and reconnect to new sewer service stub -outs.
2. Provide a twenty (20) foot wide driveway easement across proposed Lot
I for the benefit of proposed Lot I and across proposed Lot lA for the
benefit of proposed Lot 113, or provide driveway access directly from all
P & Z Minutes: July 17, 1996 Page 8 of 17 :�, 10
proposed lots to Abercrombie Drive. All driveway grades must be
brought into compliance with KIBC Section 15.26.
3. Designate the 30 ft. x 68 ft. flagstem of proposed Lot 1B as a utility
easement as requested by KEA.
4. Plat a sewer easement across proposed Lots 1C and 1B for the benefit of
proposed Lot 1D to a new grinder pump site for proposed Lot 1D. In the
alternative, submit for review and approval by KIB Engineering/Facilities
and/or the City of Kodiak Engineering Department engineered sewer plans
demonstrating how proposed Lot 1D can be satisfactorily serviced, and
provide the alternative utility easements any other approved option may
require.
5. Remove existing structures (decks and an oil tank) encroaching over the
northerly lot line of proposed Lot 1D, or provide written permission from
the City of Kodiak, as property owner, that the encroachment is allowed to
remain.
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:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER NESHEIM asked the applicant if he had any objections to the
proposed conditions of approval. The applicant responded that he did not.
The question was called and the motion CARRIED by unanimous roll call vote.
P & Z Minutes: July 17, 1996 Page 9 of 17 a-ei 1
E) Case S96-021. Request for preliminary approval of the subdivision of U.S.
Survey 2897, creating Lots 1-25, McCord Ranch Subdivision. Generally located
in McCord Bay, on Sitkalidak Island.
BOB SCHOLZE indicated 12 public hearing notices were mailed for this case and
none were returned. Staff recommended that this case postponed until the August,
1996 regular meeting, pending a scheduled visit by the Commission to the
proposed subdivision site.
COMMISSIONER SCHEIDLER MOVED TO GRANT preliminary approval of
the subdivision of US Survey 2897, creating Lots 1-25, McCord Ranch
Subdivision, subject to the conditions of approval contained in the staff report
dated July 9, 1996 and to adopt the findings in that staff report as "Findings of
Fact' for this case.
CONDITIONS OF APPROVAL
1. Documentation that the four lots identified as having predominately steep
slopes (proposed Lots 4 and 18) or significant marsh/wetland areas
(proposed Lots 20 and 21) can meet ADEC requirements for water and
wastewater disposal and are capable of providing a usable and accessible
building site as required by KIBC Section 16.70.020.B and KIBC Section
16.40.050.A.
2. Obtain a letter of jurisdiction from the Corps of Engineers as to the extent
of regulated wetlands located on the property, as required by KIBC
Section 16.70.020.A.5.
3. Plat a minimum fifty (50) foot wide access from tidewater, designated as a
private road easement, to all interior (upland) lots in the subdivision, as
required by KIBC Chapter 16.80.
4. Provide appropriate deeds and written agreements and covenants to meet
the requirements of KIBC Section 16.40.080 (private roads).
5. Place a note on the plat that natural water courses shall not be blocked or
impeded as required by KIBC Section 16.70.020.A.5.
6. Document that each lot has access to an adequate amount of potable water
for domestic purposes as required by KIBC Section 16.70.020.B.
7. This subdivision is exempt from the street improvements required in
KIBC Chapter 16.70 prior to filing since the lots have little probability of
P & Z Minutes: July 17, 1996 Page 10 of 17
�U�
connection to an existing road system (per KIBC Section 16.70.020.C).
However, when road improvements are made they shall meet the
requirements of private roads as required by KIBC Section 16.80.030.C.
8. Obtain documentation from BLM as to the public access status of the
wagon road shown on the original U.S. Survey of this property. In the
event it is determined that the public has a right of access along this road,
it shall be noted on the plat, as provided by KIBC Section 16.40.070.
9. The two (2) double frontage lots created by this subdivision are allowed as
a result of the topography of the site, per KIBC Section 16.40.050.B.2, as
the historical travelways on the property have resulted from this
topography.
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:
Kevn Arndt, applicant, appeared before the Commission to answer questions, and
to encourage them to attend the site visit scheduled for July 26.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER SCHEIDLER MOVED TO POSTPONE action on Case
S96-021 until the August 1996 regular meeting, and to schedule it as a public
hearing.
The motion was SECONDED and CARRIED by unanimous roll call vote.
P & Z Minutes: July 17, 1996 Page I 1 of 17 —
F) Case S96-022. Request for preliminary approval of the subdivision of Lot IB,
Lakeside Subdivision, 2nd Addition, creating Lots 113-1, 1B-2 and 1B-3, Lakeside
Subdivision, 2nd Addition. 2521 Selief Lane.
BOB SCHOLZE indicated 10 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request subject to
conditions.
COMMISSIONER NESHEIM MOVED TO GRANT preliminary approval of
the subdivision of Lot 1B, Lakeside Subdivision, 2nd Addition, creating Lots 1B-
1, 1B-2, and 113-3, Lakeside Subdivision, 2nd Addition, subject to the conditions
of approval contained in the revised summary statement dated July 11, 1996, and
to adopt the findings contained in the staff report dated July 9, 1996 as "Findings
of Fact' for this case.
CONDITIONS OF APPROVAL
1. Disconnect and cap, inside the property line common between proposed
Lots 1B-1 and 1B-2, the water and sewer lines that currently cross
proposed Lot 1B-1 (to service the metal shop building on proposed Lot
1B-2), and install new water and sewer services to proposed Lots 1B-2 and
1B-3 prior to final plat approval.
2. Prior to final plat approval, remove the 25 ft. x 25 ft. shed on proposed Lot
113-3 from the twenty (20) foot rear yard setback or provide a one -hour fire
wall along the rear lot line; and remove or relocate to a legal location the
two (2) 8 ft. x 40 ft. vans and 8 ft. x 20 ft. van located on proposed Lot 1B-
1 encroaching the Von Scheele Way and Selief Lane right-of-ways
3. Show, on the final plat, the fifteen (15) foot wide electrical easement that
diagonally crosses the S.W. corner of proposed Lot 1B-1 covering the
service line extending to the metal shop building on proposed Lot 1B-2;
and designate the thirty (30) foot wide flag stem of Lot 113-3 as a utility
easement, as requested by Kodiak Electric Association.
4. This plat may be filed in phases, with each phase meeting the required
conditions of approval, as applicable.
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: July 17, 1996 Page 12 of 17
r2. 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:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
G) Case 96-014. Planning and Zoning Commission review and approval, consistent
with Section 17.33.020.K of the Borough Code, of the proposed neighborhood
park development plan for Woodland Acres. Lot 12, Block 11, Woodland Acres
Subdivision, 7th Addition. 3519 Harlequin Court.
BOB SCHOLZE indicated 134 public hearing notices were mailed for this case
and 2 were returned, in favor of this request. Staff recommended approval of the
proposed site plan.
COMMISSIONER BELL MOVED TO APPROVE the detailed site plan for the
proposed Woodland Acres Neighborhood Park to be located on Lot 12, Block 11,
Woodland Acres Subdivision, 7th Addition.
The motion was SECONDED.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
LINDA FREED reported that award of the bid for this project would be before the
Assembly tommorow night. She wanted to let the Commission know that there
were four alternates to the bid. Staff recommended that two of the alternates not
P & Z Minutes: July 17, 1996 Page 13 of 17
be awarded due to cost constraints. As a result, although the plan itself would not
change, some of the finish work would be revised.
The question was called and the motion CARRIED by unanimous roll call vote.
VII. OLD BUSINESS
A) Case 96-001. 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 RRl-Rural Residential One zoning district; and a request to allow
the continued storage of the commercial fishing gear on the property. Lot 11,
Block 3, Russian Creek Alaska Subdivision, 12108 Noch Drive. (enforcement
was postponed to July at the January 1996 regular meeting).
BOB SCHOLZE indicated this case was now before the Commission because
they had directed staff to suspend enforcement against the property for six (6)
months, at the January, 1996 meeting. As a result of discussion at the packet
review worksession staff provided the Commission with several options.
COMMISSIONER SHURAVLOFF MOVED TO REAFFIRM the
administrative decision ordering removal of commercial fishing gear stored on
Lot 11, Block 3, Russian Creek Alaska Subdivision.
The motion was SECONDED and CARRIED by unanimous roll call vote.
COMMISSIONER SHURAVLOFF MOVED TO FURTHER SUSPEND
ENFORCEMENT action on this case until the October regular meeting, after the
public hearing on implementation of the 1989 Report of the Gear Storage Task
Force scheduled for the September, 1996 regular meeting, and to reaffirm the
original findings of fact supporting suspended enforcement.
The motion was SECONDED and FAILED by unanimous roll call vote.
COMMISSIONER SHURAVLOFF MOVED TO ADOPT the findings of fact
contained in the revised summary statement dated July 11, 1996, supporting
denial of continued suspended enforcement.
FINDINGS OF FACT
1. Extending the enforcement suspension to permit outdoor storage of
commercial fishing gear in the RRl-Rural Residential One zoning district
sets a precedent that encourages other land owners to attempt to store their
commercial fishing gear on non owner -occupied residential lots.
P & Z Minutes: July 17, 1996 Page 14 of 17
2. Contrary to the description and intent of the RRl zoning district stated in
KIBC 17.17.010 and the residential objectives of the Womens Bay
Community Plan, unrestricted storage of commercial fishing gear in the
RRl-Rural Residential One zoning district, and on this lot in particular,
could adversely impact the residential character of the neighborhood and
the larger community. Commercial fishing gear storage is currently
required to be associated with an owner -occupied dwelling in the RRl-
Rural Residential One zoning district in order to ensure that it does not
become an attractive nuisance or a health hazard.
The motion was SECONDED and CARRIED by unanimous roll call vote.
B) Case 96-002. Appeal of an administrative decision, under Section 17.90.010 of
the Borough Code, ordering the removal of commercial fishing gear stored on a
non -owner occupied lot in the RRl-Rural Residential One zoning district; and a
request to allow the continued storage of the commercial fishing gear on the
property. Lot 3, Block 1, Monashka Bay Alaska Subdivision, 1609 Monashka
Circle. (enforcement was postponed to July at the January 1996 regular meeting).
BOB SCHOLZE indicated this case was also before the Commission because they
had directed staff to suspend enforcement against the property for six (6) months,
at the January, 1996 meeting. As a result of discussion at the packet review
worksession staff provided the Commission with several options.
COMMISSIONER SCHEIDLER MOVED TO REAFFIRM the administrative
decision ordering removal of commercial fishing gear stored on Lot 3, Block 1,
Monashka Bay Alaska Subdivision.
The motion was SECONDED and CARRIED by unanimous roll call vote.
COMMISSIONER SCHEIDLER MOVED TO FURTHER SUSPEND
ENFORCEMENT action on this case until the October regular meeting, after the
public hearing on implementation of the 1989 Report of the Gear Storage Task
Force scheduled for the September, 1996 regular meeting, and to reaffirm the
original findings of fact supporting suspended enforcement.
The motion was SECONDED and FAILED by unanimous roll call vote.
COMMISSIONER SCHEIDLER MOVED TO ADOPT the findings of fact
contained in the revised summary statement dated July 11, 1996, supporting
denial of continued suspended enforcement.
P & Z Minutes: July 17, 1996 Page 15 of 17 _
CFINDINGS OF FACT
1. Extending the enforcement suspension to permit outdoor storage of
commercial fishing gear in the RRl-Rural Residential One zoning district
sets a precedent that encourages other land owners to attempt to store their
commercial fishing gear on non owner -occupied residential lots.
2. Contrary to the description and intent of the RRl zoning district stated in
KIBC 17.17.010 and the residential objectives of the Monashka Bay
Comprehensive Plan, unrestricted storage of commercial fishing gear in
the RRl-Rural Residential One zoning district, and on this lot in
particular, could adversely impact the residential character of the
neighborhood and the larger community. Commercial fishing gear storage
is currently required to be associated with 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 health hazard.
The motion was SECONDED and CARRIED by unanimous roll call vote.
LINDA FREED advised the public of appeal rights for these two cases.
VIII. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
COMMISSIONER BELL MOVED TO ACKNOWLEDGE RECEIPT of
communications. The motion was seconded and CARRIED by unanimous voice vote.
A) KIB Assembly Newsletter from June 20, 1996 regular meeting.
There were no further communications.
X. REPORTS
LINDA FREED reported the following worksession/regular meeting schedule:
July 24 worksession - Gear Storage Task Force Report
July 26 worksession - Fly to Sitkalidak Island for site visit on Case S96-021
July 31 worksession - Cancelled
August 7 worksession - Packet Review (1st Wednesday instead of 2nd)
August 14 - Regular Meeting (2nd Wednesday instead of 3rd)
August 21 worksession - 2nd draft of non -conforming section of Borough Code
P & Z Minutes: July 17, 1996 Page 16 of 17
C August 28 worksession - Gear storage or non -conforming uses (continuing
discussion)
September 4 worksession - ???
September 11 worksession - Packet Review
September 18 - Regular Meeting
September 25 - Public input worksession on non -conforming uses
She noted that the August packet review worksession and regular meetings had been
changed to accommodate the schedules of several commissioners.
COMMISSIONER NESHEIM MOVED TO ACKNOWLEDGE RECEIPT of reports.
The motion was seconded and CARRIED by unanimous voice vote.
There were no further reports.
XI. AUDIENCE COMMENTS
Lisa Markato appeared before the Commission to clarify her understanding of the
outcome of Case 96-002. She also expressed her desire to be informed and participate in
the review of the Gear Storage Task Force Report.
XII. COMMISSIONERS' COMMENTS
LION JERROL encouraged everyone to attend the Bear Country Music Festival this
weekend at the Kodiak State Fairgrounds.
XIII. ADJOURNMENT
CHAIR FRIEND adjourned the meeting at 9:15 p.m.
12W,11 RI
ATTEST
By: �w 1�D> 0_1 —_—
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: August 14, 1996
KODIAK
Chair
P & Z Minutes: July 17, 1996 Page 17 of 17