1998-06-17 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING -JUNE 17, 1998
MINUTES
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:30
p.m. by Acting Chair Friend on June 17, 1998 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present:
Jerrol Friend, Acting Chair
Donna Bell
Bob Himes
Roberta Scheidler
Walter Stewart
Commissioners Absent:
Darlene Turner - Excused
Clarence Selig — Excused
A quorum was established.
III. 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 SCHEIDLER 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 STEWART MOVED TO ACCEPT the minutes of the May 20,
1998 Planning and Zoning Commission regular 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.
P & Z Minutes: June 17, 1998
Page I of l l
VI. PUBLIC HEARINGS
A) Case 98-015. Request for a rezone, in accordance with Section 17.72.030.0
(Manner of Initiation) of the Borough Code, of a portion (approximately '/a acre)
of Lot 5, Block 1, Kadiak Subdivision 1" Addition, from R3-Multi family
Residential 1Q B-Business and a portion of Tract C-IA, Woodland Acres 7'h
Addition, from R2-Two family residential IQ B-Business, (Postponed and
expanded from the May 20,1998 regular meeting).
BOB SCHOLZE indicated 109 public hearing notices were mailed for this case
this month and 4 were returned, stating no objection to this request. He stated that
this request had been postponed from the May meeting in order to expand the
proposed rezone area, to correct the zoning on Tract C-lA. Staff recommended
the Commission forward this request to the Borough Assembly with a
recommendation of approval.
COMMISSIONER SCHEIDLER MOVED TO RECOMMEND that the Kodiak
Island Borough Assembly approve rezone of a portion (approximately 3/4 acre) of
Lot 5, Block 1, Kadiak Subdivision 1" Addition, from R3-Multi family
Residential IQ B-Business and a portion (approximately 2/3 acre) of Tract C-lA,
Woodland Acres 70' Addition, from R2-Two family residential IQ B-Business, as
indicated on the map dated May 28, 1998.
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.
COMMISSIONER SCHEIDLER MOVED TO ADOPT the findings in the staff
report dated May 28, 1998 as "Findings of Fact' for this case.
17.72.020A. Findings as to the Need and Justification or a Change or
Amendment.
A rezone from R2 Two Family Residential and R3 Multi family Residential to B-
Business is needed and justified because the B-Business zoning district permits
development that:
A. Is consistent with recent development patterns in the vicinity that tend to
support the concept of commercial zoning.
P & Z Minutes: June 17, 1998 Page 2 of I 1
A Since newly created business zoning will be attached to existing B-
Business zoned lots with no new business lots or uses created, there will
be minimal, if any, additional traffic or access impacts resulting from the
rezone.
C. No nonconforming uses will be created by the rezone and established
commercial uses on the properties appear to coexist compatibly with
neighboring residential uses.
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 R2 Two-family Residential and R3 Multi family
Residential to B-Business commercial zoning is not strictly in conformity with the
mobile home park designation for this area in the 1968 Comprehensive Plan.
However, as previously noted in an earlier rezone to B-Business (Case 88-036)
commercial zoning shares fairly intensive development and density
characteristics with mobile home park development.
The motion was seconded and CARRIED by unanimous roll call vote.
B) Case 98-016. Request for a variance, from Section 17.17.050.A (Front Yards) of
the Borough Code, to permit a proposed attached garage to encroach no more than
17 feet into the required 25 foot front yard setback on Lot C-6, Tract C, U.S.
Survey 1678.
BOB SCHOLZE indicated 23 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request subject to one
condition.
COMMISSIONER STEWART MOVED TO GRANT a variance from Section
17.17.050.A (Front Yards) of Borough Code; to permit an attached garage to
encroach no more than seventeen (17) feet into the required twenty-five (25) foot
front yard setback on Lot C-6, Tract C, U.S. Survey 1678, subject to the condition
of approval contained in the staff report dated May 26, 1998; and to adopt the
findings in that staff report as "Findings of Fact' for this case.
CONDITIONS OF APPROVAL
1. The existing storage shed presently encroaching the front yard set back
will be removed or relocated on the property in conformance with
setbacks.
FINDINGS OF FACT
P & Z Minutes: June 17, 1998 Page 3 of 1 I
17.66.050 A.1. Exce tip oral 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 condition on the property is coverage of approximately
two-thirds (213) of the lot by the Bay, the beach and a pond. This reduces
significantly the developable area of the property. Without these constraints,
other properties in the area can much more easily provide a garage in support of
the residential use, without the need to encroach into a setback
17,66,050A.2.Strict application of the zoning ordinances would result in
practical 42culties or unnecessaty hardships.
Due to the exceptional physical conditions affecting the lot as noted previously,
strict application of the front yard setback constitutes a practical difficulty and
unnecessary hardship to the property owner. There is essentially no other
location on the lot where a garage can be built and the property owner has
minimized the encroachment to the extent possible, while still retaining a
standard garage size. The encroachment of an attached garage, built in the most
logical location on the front of the house, is reasonable to support the residential
use on this lot, as is available to other lots in the area in the same zoning district.
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.
Granting the variance will not result in material damage or prejudice to other
property owners in the vicinity. Due to the large lot sizes and relatively larger
setbacks required in the RR1 zoning district, adequate separation of structures
will be maintained if the variance is granted. The proposed addition will meet all
other current zoning and building code requirements and will not reduce
available parking. Since the property is located at the end of a cul-de-sac, no
safety hazard resulting from line -of -sight obstruction for through traffic will be
created for driveway egress onto the right-of-way, and there should be no
negative impact on neighbors.
17.66.050 A.4. The gar nting of the variance will not be contrary to the obiectives
of the Comprehensive Plan.
Granting of the variance will not increase the existing density of development or
alter any permitted land uses. Granting the variance is not contrary to the
objectives of the Monashka Bay Comprehensive Plan, which identifies this area
as low -density residential.
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.
The actions of the applicant have not caused the conditions for which relief is
being sought by variance. The location of the house and accessory building on
the property was established long before the applicant took ownership.
P & Z Minutes: June 17, 1998 Page 4 of I 1
17,66.050 A.6. That the granting of the variance will not permit a prohibited land
use in the district involved.
Single-family dwellings, with or without garages, are permitted in the RR-1
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.
C) Case 98-017. Request for a conditional use permit, in accordance with Section
17.13.040.1) (conditional uses) of the Borough Code, to permit a seasonal
recreation camp with provisions for up to 75 clients on a 5 acre parcel on
Sitkalidak Island.
BOB SCHOLZE indicated 14 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request subject to 3
conditions.
COMMISSIONER HIMES MOVED TO GRANT a request for a conditional use
permit in accordance with Section 17.13.040D (conditional uses) of the Borough
Code, to permit a permit a seasonal recreation camp with provisions for up to
seventy-five (75) clients on a five (5) acre parcel on Sitkalidak Island; subject to
the conditions of approval contained in the summary statement dated June 11,
1998 and to adopt the findings contained in the staff report dated May 28, 1998 as
"Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. This conditional use permit is issued for a maximum of seventy-five
(visitors plus staff) people for a period of time not exceeding a total of four
weeks during the months of June, July and August, in 1998 and 1999.
2. The applicant must obtain ADEC approval for a potable water source and
solid waste disposal system for the proposed camp.
P & Z Minutes: June 17, 1998 Page 5 of 1 I
3. The applicant must provide a legal description of the camp area,
containing a minimum of five (5) acres, to which the CUP will apply.
FINDINGS OF FACT
17, 67.05 A. That the conditional use will preserve the value, spirit. character and
integrity of the surrounding area.
The operation of the camp which will support research into local native cultural
traditions and the exploration of archeological sites is seasonal and temporary.
Minimal impact is ensured, not only by the short-term nature of the operation, but
also by the nature of the principal activity to respecif dly and methodically
uncover the past. In this way the value, spirit, character and integrity of the
surrounding area should not only be preserved, but may also be enhanced.
17.67.05 B. That the conditional use fuldils all other requirements of this chanter
pertaining to the conditional use in question.
This proposed conditional use is consistent with both the intent of KIBC
17.67.010 requiring compatibility of the activity with the surrounding area, and
also KIBC 17.13.010 addressing the description and intent of the C-Conservation
zoning district which provides for limited commercial land uses. It is also
consistent with the special district regulations of the C-Conservation zoning
district in KIBC 17.13.090 since impact on the natural environment is minimal
and natural features will be preserved intact.
17,67.05 C. That granting the conditional use permit will not be harmful to the
public health. safety& convenience and comfort.
The granting of this conditional use permit will not be harmful to the public
health, safety, convenience and comfort since there are, essentially, no immediate
neighbors or adjacent land uses. Measures have been taken to protect the health
and safety of participants with the requirement that a potable water source and
solid waste disposal system be approved by ADEC.
17 67 05 D That sufficient setbacks lot area bu, fifers or other safeguards are
beine Provided to meet the conditions listed in subsections A throueh C of this
section.
Minimum lot area and setback requirements are satisfied. Natural buffering is
provided by trees and topography. The spirit camp is seasonal and temporary, as
well as remote, and the potential for conflicts with surrounding neighbors or
adjacent land uses is minimal.
The motion was
Regular Session Closed.
Public Hearing Opened:
P & Z Minutes: June 17, 1998 Page 6 of 11
Seeing and hearing none.
il[ Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
D) Case 98-018. Planning and Zoning Commission review, according to Section
18.10.030 (Review) of the Borough Code, of 1993, 1994 and 1995 remote tax
foreclosed parcels.
BOB SCHOLZE indicated no individual public hearing notices were mailed for
this case, but that it was advertised in the newspaper of general circulation. Staff
recommended approval of this request.
COMMISSIONER BELL MOVED TO RECOMMEND to the Kodiak Island
Borough Assembly, that the following parcels be declared "public" and retained
by the Borough for public use, and to adopt the findings supporting motion #1 as
"Findings of Fact" for this recommendation. It is further recommended that these
parcels be sold to the USFWS for inclusion into the Kodiak National Wildlife
Refuge in the same manner as parcels sold the USFWS from tax years 1991 and
1992. These lots are identified as:
Tax Yr. Tax Lot Former Owner
93-10 T31S, R28W, TL 05-11 Joseph Katelnikoff (Brown's Lagoon)
93-12 T30S, R28W, TL 20-01 Thomas Kohler (Carlsen Point)
95-02 T31S, R29W, TL 10-01 Clyda Christensen (S. of Park's Cannery)
FINDINGS OF FACT - MOTION #1:
1. The Assembly previously declared certain tax foreclosed lands "public",
directed the mayor to negotiate and sell these parcels to the Refuge for fair
market value, and to return any proceed above and beyond taxes and
penalties owed the Borough to the previous owners.
2. The Exxon Valdez Oil Spill Trustee Council has identified these lands as
high "acquisition priority" lands because of important habitat
characteristics and has set money for the purchase of these lands.
3. The USFWS is the best suited public land management agency to
administer these lands because they have staff who are trained in
recreation management, marine mammals and bear management.
4. The USFWS has other lands in the area that are to be managed in a similar
fashion as the lands the KIB acquired through foreclosure.
P & Z Minutes: June 17, 1998 Page 7 of I I
The motion was SECOI
Regular Session Closed.
Public Hearing Opened:
Bud Cassidy, Borough Resource Management Officer, 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.
COMMISSIONER SCHEIDLER MOVED TO RECOMMEND to the Kodiak
Island Borough Assembly that the following parcels should not be declared for
"public purpose" and that they be offered for sale at the next KIB land sale, and to
adopt the finding supporting motion #2 as "Findings of Fact' for this
recommendation:
Tax Yr. Tax Lo Former Owner
93-01 T30S, R29W, TL 32-05 Valerie Anderson (w/in corporate city limits)
93-13 T30S, R28W, TL 31-01 Geraldine McRae (Amook Island)
94-04 T31S, R29W, TL 14-05 Sophie Katelnikoff (Amook Island)
95-03 Lt. 4, Bk. 7, Monashka Bay Gary Christensen
FINDING OF FACT — MOTION #2:
1. Lands within the city limits of Larsen Bay, on the Kodiak road system,
and on Amook Island are needed for a host of uses including private use
purposes.
The motion was seconded and CARRIED by unanimous roll call vote.
E) Case S98-010. Request for preliminary approval of the subdivision of Lot 15,
U.S. Survey 3099, creating Lots 15A, 15B, 15C, and 151), U.S. Survey 3099.
2903 Spruce Cape Road.
BOB SCHOLZE indicated 10 public hearing notices were mailed for this case and
1 was returned, objecting to more mobile homes being placed on the property.
Staff recommended approval of this request subject to conditions.
COMMISSIONER STEWART MOVED TO GRANT preliminary approval to
the subdivision of Lot 15, U.S. Survey 3099 into Lots 15A, 15B, 15C and 1513;
U.S. Survey 3099, subject to the conditions of approval contained in the staff
P & Z Minutes: June 17, 1998 Page 8 of 11
report dated May 26, 1998 and to adopt the findings in that staff report as
"Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Designate the flagstem of proposed Lot 15B as an access and utility
easement for the mutual benefit of proposed Lots 15A and 15B since the
driveway and sewer line, as well as a portion of the electrical line,
servicing the house on Lot 15A are located within this flagstem (per KIBC
16.40.070).
2. Designate electrical easements ten (10) feet either side of the existing
power line adjacent and parallel to Spruce Cape Road, as indicated, and
five (5) feet on either side of the existing service pole and wires crossing
over proposed Lots 15B and 15C to Lot 15A as requested by KEA (per
K113C 116.40.070).
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.
The question was called and the motion CARRIED by unanimous roll call vote.
VII. OLD BUSINESS
A) Case 97-024. Request for a rezone, in accordance with Section 17.72.030.0
(Manner of Initiation) of the Borough Code, of Lot 3, Block 1, Woodland Acres
Subdivision, k= RR -Rural Residential IQ B-Business, UNC-Urban
P & Z Minutes: June 17, 1998 Page 9 of I l
Neighborhood Commercial 4r RB-Retail Business (Postponed from the
December 17, 1997 and May 20, 1998 regular meetings).
BOB SCHOLZE indicated that the applicant had requested postponement of this
request from the December 1997 and May 1998 regular meetings. Staff
recommended the Commission not forward this request to the Borough Assembly.
COMMISSIONER HIMES MOVED TO RECOMMEND that the Kodiak
Island Borough Assembly approve the rezoning of Lot 3, Block 1, Woodland
Acres Subdivision, from RR -Rural Residential to B-Business.
The motion was SECONDED.
ACTING CHAIR FRIEND asked the applicant, Mr. Eugene Erwin, to come to the
podium and comment on this request.
Eugene Erwin appeared before the Commission and asked to withdraw his
request. He said his plans for this lot at the current time were uncertain. He was
concerned however, and asked that the Borough help him in controlling
unauthorized 4-wheeler activity on the vacant lot. He was concerned about
liability since the vacant lot was constantly being used by ATV's.
COMMISSIONER HIMES withdrew his motion, with the second's concurrence.
The Commission took no further action on this case.
VIII. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
COMMISSIONER STEWART MOVED TO ACKNOWLEDGE RECEIPT of items
A through B of communications. The motion was seconded and CARRIED by
unanimous voice vote.
A) Letter dated June 10, 1998 to Robert Locke from Tom Bouillion, RE: Illegal
commercial fishing gear and junk storage on Lot 4A-2, Block 3, Miller Point
Alaska Subdivision (998 Kraft Way).
B) Memorandum dated June 11, 1998 to Leonard Kimball, Building Official, from
Linda Freed, RE: Alagnak Acres Subdivision and Future Development.
There were no further communications.
X. REPORTS
P & Z Minutes: June 17, 1998 Page 10 of 1 1
LINDA FREED reported that staff continued to work on projects within the department
but at this time had no items scheduled for worksession agendas on June 24 or July 1,
1998. She also reminded the Commission that there would be no Planning and Zoning
Commission regular meeting or worksessions in August. The Commission agreed to
cancel the June 24 and July 1 worksessions.
COMISMSSIONER STEWART MOVED TO ACKNOWLEDGE RECEIPT of reports.
The motion was seconded and CARRIED by unanimous voice vote.
There were no further reports.
1�1 i] I �f►t�K17u � l�J�Y_Ky
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
XIII. ADJOURNMENT
ACTING CHAIR FRIEND adjourned the meeting at 7:55 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING SION
By:
Daricne Turner, Chair
ATTEST
By: a — plzt -
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: July 15, 1998
P& Z Minutes: June 17, 1998 Page 11 of 11