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1997-05-21 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MAY 21, 1997 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by Chair Friend on May 21, 1997 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Jerrol Friend, Chair Linda Freed, Director Donna Bell Community Development Dept. Suzanne Hancock Bob Scholze, Associate Planner Roberta Scheidler Community Development Dept. Clarence Selig Kim Patterson, Secretary Walter Stewart Community Development Dept. Darlene Turner Commissioners Absent: None A quorum was established. III. APPROVAL OF AGENDA 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 The minutes for the April 30, 1997 regular meeting were not available for consideration at meeting time. They will be considered at the June regular meeting. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. P & Z Minutes: May 2l, 1997 Page 1 of 9 t VI. PUBLIC HEARINGS A) Case 97-006. A variance from Section 17.60.020.13 (Signs) of the Borough code, to permit a four foot by eight foot (4' X 8') illuminated sign identifying a permitted non-residential use (church) on Lots 1 & 2, Block 1, Russell Estates, 1st Addition, to extend approximately eighteen (18) inches higher than the maximum six (6) feet above grade allowed in a residential zoning district. 1109 and 1111 Selief Lane. BOB SCHOLZE indicated 24 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to one condition. TURNER MOVED TO GRANT a variance from Section 17.60.020.B (Signs) of the Borough code, to permit a four foot by eight foot (4' X 8') illuminated sign identifying a permitted non-residential use (church) on Lots 1 & 2, Block 1, Russell Estates, 1st Addition, to extend approximately eighteen (18) inches higher than the maximum six (6) feet above grade allowed in a residential zoning district subject to the condition of approval contained in the staff report dated May 1, 1997, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. OF APPROVAL Issuance of a building permit prior to erection of the sign will ensure that all safety factors related to structural integrity, electrical, and wind and snow load are met. 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 church is located on corner lots where there is sixty (60) foot right-of-way separation from neighboring residential lots on street sides. The property is subject to extensive hours of darkness and periods of reduced visibility during winter months. Mounding around the base of the sign to increase grade level by even eighteen inches would result in reversal of drainage flow toward the church building. P & Z Minutes: May 21, 1997 Page 2 of 9 17.66.050 A.2.Strict application of the zoning ordinances woul result iT practi(T difficulties or unnecess= hardships I To utilize this sign as supplied by the factory would require either mounding around the base to increase grade level eighteen (18) inches, reversing drainage flow toward the church, or cutting 18 inches off the base of the sign, which may undermine its structural integrity. 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. Eighteen inches is not a significant additional height and will not result in material damage or prejudice to other properties in the vicinity. The sign will set well back from Selief Lane and away from the corner, and will not obstruct traffic line of sight. A condition of approval requiring issuance of a building permit prior to sign erection will assure that building and electrical code safety standards are met. 17 66 050 A 4 The granting of the variance will not be contrary to the objectives of the Comprehensive Plan, The Borough Comprehensive Plan designates this area as medium and high - density residential. Churches are a permitted use in these zoning districts. It is only reasonable that Churches should be allowed to have a clearly visible sign announcing the denomination and hours of service. 17 66 050 A 5 That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant did not cause special conditions or financial hardship from which relief is being sought. 17 66 050 A 6 That the g ar nting of the variance will not permit a prohibited land use in the district involved. A sign indicating the church denomination and hours of service is a reasonable subsidiary use to the church use permitted in the R3-Multi-family Residential zoning district. The motion was SECONDED. P & Z Minutes: May 21, 1997 Page 3 of 9 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 97-007. Planning and Zoning Commission finding, in accordance with Section 17.57.050 (Off-street Parking) of the Borough Code, that ten (10) required off-street parking spaces for the building material supply structure on Lot 10A, Allman Lalande Subdivision, can be located on a lot in common ownership within six hundred (600) feet, and review of a prior fencing requirement for Lot 10A. Lots 2, 3, 4A, and 10A, Allman Lalande Subdivision. BOB SCHOLZE indicated 40 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to conditions of approval. A third condition of approval was suggested in the Summary Statement dated May 20, 1997, consistent with previous Commission action in similar cases. COMMISSIONER HANCOCK MOVED TO FIND in accordance with Section 17.57.050 (Off-street parking) of the Borough Code that the ten (10) required off- street parking spaces for the building material supply structure located on Lot 10A, Allman Lalande Subdivision, can be located on a lot in common ownership within 600 feet (Lots 2, 3, & 4A, Allman Lalande Subdiviison), and that no fence is required along the lot line common to Lot 10A and the Selig Street right-of- way, subject to conditions of approval contained in staff memorandum dated May 7, 1997, and to adopt the finding in that staff memorandum as "Findings of Fact" for this case. OF APPROVAL Install a five (5) foot high, sight -obscuring fence on the west side of Lot 10A to screen the commercial use from residentially zoned Lot 13, per KIBC 17.57.080.D.1 and 17.21.050.C. 2. The parking area on Lots 2, 3, and 4A shall comply with the parking area development standards of KIBC 17.57.080. P & Z Minutes: May 21, 1997 Page 4 of 9 / FINDING OF FACT 1. Locating the required parking spaces across the street on property within 600 feet and owned by Spenard Builders Supply is more practical due to the expansion on Lot 10A and satisfies the intent of KIBS 17.57.050. A fence is not required for screening along Selig Street on Lot 10A since it is not adjacent to a residentail use, because pass -through traffic at the sides of the structure on Lot IOA is not possible due to topography and site development, and because a fence along Selig Street would be at cross purposes with a determination to permit required parking across the street. A five (5) foot high sight obscuring fence on the west side of Lot IOA will effectively screen this business use from the residential use on the adjacent lot. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. CHAIR FRIEND felt it important to include the third condition of approval recommended by staff which would require a deed restriction on Lots 2, 3, and 4A, Allman Lalande Subdivision, to ensure that off -site parking would always be available for the structure on Lot I OA. COMMISSIONER TURNER MOVED TO AMEND the motion to include the third condition of approval from the Summary Statement dated May 20, 1997. 3. Failure to record a deed restriction within thirty (30) days (by June 20, 1997) on Lots 2, 3, and 4A, Allman Lalande Subdivision, reserving the area identified for the ten (10) parking spaces required for the use on Lot 10A, Allman Lalande Subdivision exclusively for this required parking will invalidate this determination. The ten (10) parking spaces would then be required to be located, in accordance with the parking area development standards of KIBC 17.57.080, on Lot IOA. The motion to amend was seconded and CARRIED by unanimous roll call vote. P & Z Minutes: May 21, 1997 Page 5 of 9 The question was called and the amended motion CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Cases 95-005 and 96-003. Planning and Zoning Commission review of Category C parcels (Remote Larsen Bay Tribal Council parcels) of the 1991, 1992, 1993, and 1994 tax foreclosed properties (Postponed from the December 18, 1996 regular meeting). BOB SCHOLZE recommended that, based on the Borough Resource Management Officer's recommendation, action on these cases be postponed until staff analysis of all information was available and further work was completed. COMMISSIONER SELIG MOVED TO POSTPONE action to review Category C parcels (Remote Larsen Bay Tribal Council parcels) of the 1991, 1992, 1993, and 1994 tax foreclosed properties until staff analysis of all information is complete. The motion was SECONDED and CARRIED by unanimous roll call vote. B) Case 95-023. Planning and Zoning Commission review of additional changes to Chapter 17.36 (Existing Nonconforming Uses and Structures) of the Borough Code (Recommended for approval by the Commission on April 30,1997). LINDA FREED reviewed previous concerns raised regarding nonconforming residential uses on residentially zoned lots which could occur in a number of ways. She had submitted revised code language to the Borough attorney for comments. The Borough attorney recommended several additional changes to the proposed code revision. He recommended adding a definition section specifying identifying residential zoning districts and non-residential zoning districts. It was decided that residential zoning districts included Rl, R2, R3, RR, RRI, RR2, Wildlife Habitat, Conservation, and Rural Development. Non-residential zoning districts included Industrial, Light Industrial, Business, Retail Business, Watershed, Natural Use, Rural Neighborhood Commercial, Urban Neighborhood Commercial, and Public Lands. Section B of 17.36.050 currently reads, "Structures containing nonconforming residential uses, located in a non-residential district, may be expanded as long as the entire structure meets, at a minimum, the parking and building code requirements for office or retail use." It was suggested that Section C of 17.36.050 read, "Structures containing nonconforming residential uses, located in P & Z Minutes: May 2l, 1997 Page 6 of 9 a residential zoning district may only be expanded if the nonconforming use of the structure, or structures, is eliminated." The commission concurred. Discussion ensued on section D of 17.36.050. LINDA FREED explained that the Borough attorney felt comfortable with the first sentence, which translated meant that a structure could be kept and maintained, but not expanded. He felt the second sentence was too vague. COMMISSIONER HANCOCK pointed out that if the Commission were too limiting, health and safety could be jeopardized and structures containing nonconforming uses could become eyesores. LINDA FREED suggested that in order to allow repairs but not expansion, the section could read, "Ordinary repairs including the repair or replacement of walls, door, windows, fixtures, wiring, and plumbing may be made to structures containing nonconforming uses." The Commission generally agreed. The Borough attorney recommended omitting the second sentence in the Intent statement in section 17.36.020. COMMISSIONER TURNER saw this as a loss to the code section. COMMISSIONER HANCOCK felt comfortable with the broad Intent statement since, in her opinion, there were sufficient specific rules that followed in the body of the Chapter. COMMISSIONER TURNER was dissatisfied with the Intent statement and wanted further discussion. COMMISSIONER HANCOCK suggested the Borough attorney be invited to attend the next worksession and lend guidance to the Commission. COMMISSIONER TURNER MOVED TO POSTPONE action on additional changes to Chapter 17.36 (Existing Nonconforming Uses and Structures) of the Borough Code until the Commission met for further discussion at a worksession. The motion was SECONDED and CARRIED by unanimous voice vote. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS LINDA FREED pointed out Items E & F as additional Communications items. COMMISSIONER SCHEIDLER MOVED TO ACKNOWLEDGE RECEIPT of items A through F of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated April 21, 1997 to John & Margaret Rauwolf from Tom Bouillion, �. RE: Dilapidated Trailer in Puffin ROW and Junk storage on Lot 2, Block 2, Woodland Acres 6th Addition P & Z Minutes: May 21, 1997 Page 7 of 9 B) Laments of a Junker, by Clarence Selig C) Letter dated May 6, 1997 to Wayne and Marie Coleman from Tom Bouillion, RE: P&Z Decision on Case 97-001. D) Letter dated May 6, 1997 to Don Erdman from Tom Bouillion, RE: Construction without Building or Zoning Compliance Permits on Erdmans #3, Block 3, Allman Addition; Lot 15, USS 3099; Building #2, Lot 15A, USS 3101. E) Memo dated May 16, 1997 to Linda Freed from Ron Reimer, RE: Interim Status Report on BMX Bike Track, P & Z Case 95-008. F) Anchorage Daily News article dated May 12, 1997 RE: Anchorage's comprehensive plan and the city's shrinking land supply. There were no further communications. X. REPORTS LINDA FREED reported the following upcoming meetings: May 28, 1997 - P & Z worksession on the Nonconforming Code Section June 4, 1997 - Beaver Lake/Horseshoe Lake Watershed Area/Disposal Area Plan worksession May 30, 1997 - Oil Spill Sub -Area Planning Meeting in the School District Conference Room June 11, 1997 - P & Z Packet Review June 18, 1997 - Regular P & Z Meeting The sensitive area maps were taken to Safeway on May 13, 1997, and were well -received. COMMISSIONER TURNER 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 P & Z Minutes: May 21, 1997 Page 8 of 9 /^ COMMISSIONER BELL and COMMISSIONER TURNER reminded LINDA FREED of their scheduled absences in June. COMMISSIONER SELIG said he may also be gone during June. XHL ADJOURNMENT CHAIR FRIEND adjourned the meeting at 8:19 p.m. PLANNING ATTEST By: Q�c �iwar� Kim Patterson, Secretary Community Development Department DATE APPROVED: June 18, 1997 KODIAK ISLAND Friend, Chair P & Z Minutes: May 21, 1997 Page 9 of 9