2000-02-16 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - FEBRUARY 16, 2000
MINUTES
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:30
p.m. by VICE CHAIR SELIG on February 16, 2000 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Bob Himes
Robert Lindsey
Greg Razo
Walter Stewart
Clarence Selig, Vice Chair
Commissioners Not Present
Donna Bell -Excused
Roberta Scheidler
A quorum was established.
Others Present
Linda Freed, Director
Community Development Dept.
Bob Scholze, Associate Planner
Community Development Dept.
Jennifer Smith, Secretary
Community Development Dept.
Linda Freed introduced Mr. Rob Lindsey appointed to represent the City of Kodiak for a
three (3) year term, and Mr. Greg Razo appointed to represent the Kodiak Island Borough
for a three (3) year term.
III. APPROVAL OF AGENDA
COMMISSIONER HIMES MOVED TO APPROVE the agenda as submitted. The
motion was SECONDED by COMMISSIONER RAZO, and CARRIED by unanimous
voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER RAZO MOVED TO ACCEPT the minutes of the December 15,
1999 Planning and Zoning Commission regular meeting, as presented. The motion was
SECONDED by COMMISSIONER STEWART, and CARRIED by unanimous voice
vote.
P & Z Minutes: February 16, 2000 Page I of 11
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case S00-002. Request for revisions of two (2) plat notes to: 1) allow driveway
access to Lots 5, 6, 11, and 12, Block 2, Perez Estates Subdivision from Wilton
White Way, with the front yard setback established from Wilton White Way; and
2) allow Lots 5, and 6, Block 2, Perez Estates Subdivision access from the access
easementlextension of Wilton White Way. 3052, and 3084 Wilton White Way;
and 3072, 3092, 3202, and 3232 Sharatin Road.
BOB SCHOLZE indicated seventy-nine (79) public hearing notices were mailed
for this case with one being submitted in support of the request, and two -one
publicly at packet review worksession, and one written notice -returned in
opposition to the request. Staff further reported letter was sent to Mr. and Mrs.
Perez asking to receive written clarification on lots from which access restrictions
should be lifted, and also their thoughts on the proposed rezone investigation from
R3-Multi Family Residential to R2-Two Family Residential zoning for all lots
bordering Wilton White Way. Staff noted letter from Fire Marshal dated January
13, 2000 which stated no future building permits would be issued for housing
accessing from Sharatin Road (Lots 5 through 12, Block 2, Perez Estates
Subdivision) until a hydrant system is installed there. Staff recommends approval
of request subject to three (3) conditions of approval.
COMMISSIONER STEWART MOVED TO APPROVE:
1) The revision of the two (2) notes on Plat 98-6 to exclude Lots 5, 6, 11, and
12, Block 2, Perez Estates Subdivision from the current plat notes; and
2) The revision of the access easement designation at the southwest end of
Wilton White Way to include Lots 5 and 6, Block 2, Perez Estates
Subdivision,
subject to three (3) conditions of approval contained in the supplemental
memorandum dated February 14, 2000, and to adopt the two findings contained in
the staff report dated February 4, 2000, as "Findings of Fact' for this case.
CONDITIONS OF APPROVAL
1. Add a third plat note to the amended plat which states: "Driveway access
to Lots 5, 6, 11, and 12, Block 2, Perez Estates Subdivision can be from
either Sharatin Drive or Wilton White Way, but not from both. Front yard
setback and addresses for these four lots corresponds to driveway access."
P & Z Minutes: February 16, 2000 Page 2 of I I
2. Consistent with Uniform Fire Code requirements, add a fourth plat note to
the amended plat which states: "No driveway access is allowed from
Sharatin Drive until the public water line is extended and fire hydrants are
installed on Sharatin Drive."
3. Consistent with an original condition of approval for the final plat
approval granted for these lots on August 23, 1995 (Case S91-013),
provide a private road or access agreement between Lots 3, 4, 5, and 6, for
detailing maintenance and snow plowing responsibilities and
administration for the portion of Wilton White Way that extends into the
access easement across these properties
FINDINGS OF FACT
1. Modifications to the plat notes, as requested, advances traffic safety since
the revision provides for fewer vehicle entry points directly onto Sharatin
Road. This road has become a collector road drawing traffic from
multiple residential neighborhoods in the area. As a result it is preferable
that the identified lots be accessed from Wilton White Way, the local
service road. However, given the topography of these lots, individual
development will dictate the best location for driveway access. An
additional plat note will ensure that driveway access for each of the lots is
limited to just one road.
2. Modifications to the plat notes as requested will allow for better utilization
of Lots 5, 6, 11, and 12 by allowing for more practical access from Wilton
White Way while having minimal impact on neighboring lots.
The motion was SECONDED by COMMISSIONER RAZO.
Regular session closed.
Public hearing opened:
John Burnett-Ap lin cant: Mr. Burnett stated he and his wife want to purchase Lot
11 but that there was a problem with steepness at the back of the lot leaving no
practical way to have driveway access that was favorable from Sharatin Road. He
requested that driveway access be from Wilton White Way and appreciates the
Commission's consideration of request. Mr. Burnett presented a letter of support
for request from Mr. and Mrs. Leader, owners of Lot 18, Block 2, Perez Estates
Subdivision (per attached).
Stan Reiff -Property owner of Lot 17, Block 2. Perez Estates: Mr. Reiff expressed
no objection to Lot 11 having access from Wilton White Way.
P & Z Minutes: February 16, 2000 Page 3 of I I
Pat McCarty -Property owner of Lot 13. Block 2. Perez Estates: Mr. McCarty
expressed no objection to driveway access from Wilton White Way and further
expressed that he favored area to be rezoned from R3 to R2.
Tony Perez -Properly owner of Lots 5-6 & 11-12. Block 2 Perez Estates: Mr.
Perez supported Mr. Burnett's request that is before the Commission.
Commissioner Stewart requested Mr. Perez's opinion on the proposed rezone.
Mr. Perez has "no problem" with going from R3 to R2 rezoning. Mr. Perez gave
the zoning history on the area. Commissioner Razo questioned Mr. Perez if he
would want the Commission to consider making all the properties have their
driveway access/fire fighting access off of Wilton White Way? Mr. Perez
responded that he was not aware of the denial of building permits for properties
and wanted to know when this became the issue. Commissioner Razo understood
once the Fire Marshal looked at the lack of water access off of Sharatin Road that
it was decided then by the Fire Marshal, because of lack of hydrants in Sharatin
Road, was recommending denial of building permits for lots with access restricted
to Sharatin Road. Mr. Perez expressed that he would want the consideration from
the Commission. Chair Selig expressed the concern of traffic density and if Mr.
Perez would favor rezone from R3 to R2 to lower density in area. Mr. Perez had
no objection to the rezone.
Kevin Arndt -Concerned citizen: Mr. Arndt expressed that Mr. Perez went through
all the proper procedures to subdivide his lot, and Mr. Arndt felt that the Fire
Marshal's letter from November 1998 rendered Mr. Perez's property useless. Mr.
Arndt favored all lots to be from Wilton White Way, and supported the proposed
rezone from R3 to R2.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
COMMISSIONER RAZO expressed that it was a legitimate concern that Mr.
Perez was able to complete subdivision, which included water and sewer as
necessary, then after the fact a review by the Fire Marshal determined that the
driveway access from Sharatin Road was not adequate due to no hydrant system
in place on Sharatin Road therefore requesting that no future building permits be
issued for housing on Lots 5 through 13 which border Sharatin Road. With
neighbors expressing concern over the potential high density development, it can
be dealt with it at a future date to consider a rezone for from R3 to R2, even
though topographically difficult to allow driveway access from Lots 7 through 10
off of Wilton White Way that for emergency purposes that it is the only place
where fire hydrants are available. It makes the lots difficult to develop because
access would be from Wilton White Way then it should be balanced against the
fact that it would be impossible to develop if that situation remains the same.
P & Z Minutes: February 16, 2000 Page 4 of I I
COMMISSIONER RAZO MOVED TO AMEND by substitution to require that
driveway access for Lots 5 through 12, Block 2, Perez Estates Subdivision comes
from Wilton White Way, and that plat notes be revised accordingly.
The amended motion was SECONDED by COMMISSIONER STEWART.
The question was called.
COMMISSIONER STEWART expressed that Commissioner Razo's comments
were valid and concurred with the amendment to the motion.
The AMENDED MOTION CARRIED by unanimous roll call vote.
Mr. Scholze clarified that the amended motion was intended to require access to
all lots be from Wilton White Way along with front yard setbacks and addressing.
Linda Freed noted that the amended motion did not include findings of facts
because the main motion was substituted therefore findings needed to be adopted
at the March 15' regular meeting. Linda further explained that the commission
require access from Wilton White Way, and in the future if someone decides to
come in then that person wanting access from Sharatin Road would have to
conduct the same process to amend a plat note which may require more people to
get involved due to individual property holdings. Further discussion was held.
The question was called and the MAIN MOTION CARRIED by unanimous roll
call vote.
Staff suggested the Commission motion to defer findings until the March meeting,
and that staff would draft findings for the Commissions' consideration.
COMMISSIONER HIMES MOVED TO POSTPONE "Findings of Facts" on
this case until the March regular meeting.
The motion was SECONDED by COMMISSIONER STEWART, and
CARRIED by unanimous voice vote.
COMMISSIONER RAZO suggested, since there was concern on development
density issue, then it is prudent that the commission consider a motion to rezone
Lots 2 through 20 from R3 to R2. Staff suggested a possible motion for the
commission to consider would be to move to investigate a rezone for Lots 2
through 20, Block 2, Perez Estates Subdivision from R3 to R2.
COMMISSIONER RAZO MOVED TO INVESTIGATE a rezone for Lots 2
through 20, Block 2, Perez Estates Subdivision from R3 to R2.
The motion was SECONDED by COMMISSIONER HIMES.
P & Z Minutes: February 16, 2000 Page 5 of 11
The question was called and the motion CARRIED by unanimous roll call vote.
B) Case 00-001. Request for a variance from Section 17.26.100 (Separation
Distances) of the Borough Code, to permit a mobile home, located on Space 2,
Lot 13, U.S. Survey 3098 (Warner Mobile Home Park), to project six (6) inches
into the required fifteen (15) foot separation required between mobile homes.
1912 Mill Bay Road.
BOB SCHOLZE indicated thirty-one (31) public hearing notices were mailed for
this case, and none were returned. Staff recommended approval of the request
subject to one (1) condition of approval.
COMMISSIONER HIMES MOVED TO GRANT a variance from Section
17.26.100 (Separation Distances) of the Borough Code, to permit a mobile home,
located on Space 2, Lot 13, U.S. Survey 3098 (Warner Mobile Home Park), to
project six (6) inches into the required fifteen (15) foot separation required
between mobile homes, subject to the conditions of approval in the staff report
dated January 19, 2000, and to adopt the findings in that staff report as "Findings
of Fact' for this case.
CONDITIONS OF APPROVAL
1. Prior to issuance of permits and certificate of occupancy for the newly
placed mobile home in Space #2, the arctic entry on the mobile home in
Space #3 must be removed to the extent that there is fifteen (15) feet
separation at that point between these two mobile homes. The variance
will expire if this is not accomplished within six (6) months (by August
16, 2000).
FINDINGS OF FACT
17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the
proper or intended use of development, which generally do not apply to other
properties in the same land use district.
There are no physical circumstances applicable to the property, which do not
apply to other mobile home parks. The need for a variance arises from the
placement by previous owners of adjacent mobile homes in a way that will not
allow utilization of Space 42 by the wider mobile homes generally standard today.
17.66.050 A.2.Strict application of the zoning ordinances would result in practical
difficulties or unnecessary hardships.
Strict application of the minimum separation distance requirements would require
that a standard -size fourteen (14) foot wide mobile home could not be placed in
P & Z Minutes: February 16, 2000 Page 6 of I 1
Space #2, denying the business property owner revenue from this space as
originally intended. Without a variance, the applicant would be forced to attempt
to nudge the existing, skirted mobile homes in Spaces #1 and #3 a few inches in
opposite directions to achieve compliance. Nothing practical would be gained by
this exercise, and it could result in the difficulty, hardship and unnecessary
expense of repairing damage to utility connections in place.
17 66 050 A 3 The granting of the variance will not result in material dama eg s or
prejudice to other properties in the vicinity nor be detrimental to the public's
health. safety and welfare.
A six-inch (6') variance would not result in material damages or prejudice other
properties in the vicinity of Space #2. This variance would not be detrimental to
public health, safety or welfare. Fourteen and a half (14%2) feet separation would
still exceed by nearly 50% the ten (10) feet minimum separation guideline for
manufactured homes adopted in 1997 by the by the National Fire Prevention
Association, Inc. (NFPA 501A, 4-2.1.1).
17.66,050 A.4.The rg anting of the variance will not be contrary to the objectives
of the Comprehensive Plan,
The Comprehensive Plan does not address site specific standards such as
minimum separation distances in mobile home park design.
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.
Since a previous property owner was responsible for placing the mobile homes in
Spaces #1 and #3 leaving not quite enough room for placement of what is now a
standard width (14 feet wide) mobile home in Space #2, the applicant did not
cause the condition from which relief is being sought.
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 a variance will not permit a prohibited land use in the B-Business
zoning district. The mobile home park on Lot 13, U.S. Survey 3098 is a
grandfathered nonconforming use.
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
P & Z Minutes: February 16, 2000 Page 7 of 1 I
Kevin Amdt-Representative for mobile home park owner: Mr. Arndt expressed
that the mobile home park owner had no objection to the removal of the arctic
entry, and will accommodate for the one condition of approval.
Hearing and seeing none.
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
A) Acceptance of resignation from Commissioner Roberta Scheidler.
Linda Freed indicated she had received a e-mail letter from Commissioner
Scheidler in which Ms. Scheidler stated she could not devout enough time to
serve on the commission therefore she requested that the Commission accept her
resignation.
COMMISSIONER STEWART MOVED TO ACCEPT, with regret,
Commissioner Roberta Scheidler's resignation from the Planning and Zoning
Commission.
The motion was SECONDED by COMMISSIONER RAZO.
The question was called and the motion CARRIED by unanimous voice vote.
Due to action taken, COMMISSIONER STEWART encouraged anyone
interested to apply for the vacant borough seat on the P&Z Commission.
B) Election of Officers
■ Chairman
COMMISSIONER RAZO nominated CLARENCE W. SELIG as Chairman
of the Kodiak Island Borough Planning and Zoning Commission.
VICE CHAIR SELIG asked if there were any further nominations for
Chairman. Nominations were closed. VICE CHAIR SELIG called for roll
call vote for the nomination of CLARENCE W. SELIG for Chairman.
P & Z Minutes: February 16, 2000 Page 8 of 11
Mr. Lindsey voted "Yes"
Mr. Razo voted "Yes"
Mr. Stewart voted "Yes"
Mr. Himes voted "Yes"
Mr. Selig voted "Yes"
CLARENCE W. SELIG was elected as Chairman.
■ Vice Chairman
COMMISSIONER STEWART nominated BOB HIMES as Vice Chairman.
CHAIR SELIG asked if there were any further nominations for Vice
Chairman. Nominations were closed. CHAIR SELIG called for roll call vote
for the nomination of BOB HIMES for Vice Chairman.
Mr. Stewart voted "Yes"
Mr. Razo voted "Yes"
Mr. Lindsey voted "Yes"
Mr. Himes voted "Yes"
Mr. Selig voted "Yes"
BOB HIMES was elected as Vice Chairman.
There was no further new business.
VIII. COMMUNICATIONS
COMMISSIONER HIMES MOVED TO ACKNOWLEDGE RECEIPT of items A
through G of communications. The motion was SECONDED by COMMISSIONER
STEWART and CARRIED by unanimous voice vote.
A) Letter dated January 5, 2000 to Mariano and Alicia Allagonez from Eileen
Probasco, Assistant Planner, regarding unpermitted structural changes on Lot 15,
Block 4, Woodland Acres 3rd Addition located at 3570 Sean Circle.
B) Letter dated January 5, 2000 to Daniel Rohrer from Eileen Probasco, Assistant
Planner, regarding an illegal apartment on Lot 9, Block 6, Woodland Acres 4"
Addition located at 3642 Gull Drive.
C) Reply letter received January 10, 2000 to Eileen Probasco, Assistant Planner, from
Daniel Rohrer, property owner of Lot 9, Block 6, Woodland Acres 4' Addition.
D) Letter dated January 10, 2000 to David Johnson from Eileen Probasco, Assistant
Planner, regarding an illegal residential usage on portion of U.S. Survey 1822
located at 2109 Mission Road, D & E.
P & Z Minutes: February 16, 2000 Page 9 of 11
E) Letter dated January 10, 2000 to Roy and Deborah Chavarria from Eileen Probasco,
Assistant Planner, regarding an illegal second dwelling unit on Lot 3A, Block 2,
Mission Subdivision located at 2353 Mission Road.
F) Memorandum dated February 9, 2000 to property file from Bob Scholze, Associate
Planner, regarding Lot 8, U.S. Survey 3101 located at 3621 Spruce Cape Road.
G) Letter dated February 9, 2000 from Steven Honig to Linda Freed, Community
Development Director, regarding SuperDARN aircraft disruption.
There were no further communications.
X. REPORTS
Linda Freed noted that staff has received several calls expressing concern about parking
in the area of the Global Seafoods processing plant. Global Seafood's general manager
will be presenting a parking plan for review at the regular meeting next month.
A Commissioners training seminar presented by APA will be held in Anchorage on
March 3' & 4', if any of the Commissioners were interested to notify staff as soon as
possible. Airfare, accommodations would be reimbursed, and registration fee will be
provided.
Linda Freed further reported that the Kodiak National Refuge Planning public meeting
will held on March 8, 2000, and Refuge planning copies are available for review.
Meeting Schedule:
March 1s�--Project priority worksession
March 8t"=Packet review worksession
March 9'--Assembly worksession with Commissioners invited to attend to discuss
ATV impact on terrain
March 150�---Regular meeting
April 5=Worksession
COMMISSIONER HIMES MOVED TO ACKNOWLEDGE receipt of reports. The
motion was SECONDED by COMMISSIONER STEWART, and CARRIED by
unanimous voice vote.
There were no further reports.
XI. AUDIENCE COMMENTS
There were no audience comments
P & Z Minutes: February 16, 2000 Page to of 11
L
XII. COMMISSIONERS' COMMENTS
COMMISSIONERS commended staffs work on preparation of cases for presentation at
the meetings.
COMMISSIONERS LINDSEY and RAZO thanked the Assembly for their appointment
to the Planning and Zoning Commission.
There were no further commissioners' comments.
XHI. ADJOURNMENT
CHAIR SELIG requested motion to adjourn.
COMMISSIONER STEWART MOVED TO ADJOURN the meeting. The
motion was SECONDED by COMMISSIONER HIMES, and CARRIED by
unanimous voice vote.
The meeting adjourned at 8:30 p.m.
ATTEST
LN
Development Department
DATE APPROVED: March 15, 2000.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
r
By:
'larence Selig; Chair
P & Z Minutes: February 16, 2000
Page 11 of 11
2/16/00
Planning and Zoning Commission
Board Members,
I currently own a home on lot A Wilton White Way. I would like to make the following comments
regarding the proposed change that will allow drive way access from Wilton White Way.
1. I am in favor of allowing driveway access for lot 11 from Wilton White. In my opinion it is the only
practical access for this lot.
2. I am in favor of changing the zoning designation for Wilton White to R-2 from R-3, as I would not
want additional 4 plexes built in this area.
Thank you for your consideration,
Grant Leader