2002-10-16 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING OCTOBERI6, 2002
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 SELIG on October 16, 2002 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Clarence Selig -Chair
Robert Lindsey
Cheryl Boehland
Reed Oswalt
Jake Ketscher
Dennis McMurry
A quorum was established.
Commissioners not present
Barbara Williams
III. APPROVAL OF AGENDA
Others Present
Duane Dvorak, Director
Community Development Dept.
Erin Whipple, Secretary
Community Development Dept.
COMMISSIONER LINDSEY MOVED TO APPROVE the agenda as presented. The
motion was SECONDED by COMMISSIONER KETSCHER, and CARRIED by
unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER OSWALT MOVED TO APPROVE the minutes of September 18,
2002 Planning and Zoning Commission regular meeting as submitted. The motion was
SECONDED by COMMISSIONER KETSCHER, and CARRIED by unanimous voice
vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
Jack Doyle, Womens Bay Resident: Spoke regarding case 02-023 (agenda item VI-D).
Encouraged the Commission to continue to review and consider the letter dated
P & Z Minutes: October 16, 2002 Page 1 of 10
September 13, 2002 submitted by the Womens Bay Community Council when discussing
this case. Encouraged the Commission to continue to work toward leveling the playing
field when it comes to appeals of decisions.
Ben Millstein, Womens Bay Community Council Member: Started to speak regarding
case 02-023 and was informed that he could speak to that case during the public hearing.
That is what he chose to do.
VI. PUBLIC HEARINGS
A) Case 02-025. Request for an appeal of an administrative decision, per KIBC
17.90.020A, for the denial of a zoning compliance permit to construct an attached
addition and arctic entry onto an existing mobile home located at Jackson's
Mobile Home Park, Space #68.
STAFF indicated twenty-three (23) public hearing notices were distributed for this
case with one (1) being returned expressing support of affirming the denial. Staff
believed that the decision to deny the zoning compliance permit was consistent
with KIB Code Section 17.26 and 17.36. Staff recommended affirming the
department's decision to deny zoning compliance.
COMMISSIONER LINDSEY MOVED TO GRANT a conditional variance for
construction of an attached addition onto the existing mobile home located at
Jackson's Mobile Home Park, space 968, subject to the following five (5)
conditions of approval:
CONDITIONS OF APPROVAL
1) The addition shall be no larger than 8' wide by 23' long.
2) The structure is to be removed within five (5) years and eight (8)
months.
3) The variance is extinguished if the original applicant sells or
moves.
4) The structure is not to be inhabited, it is to be for storage only.
5) The applicant must comply with minimum distance requirements
to other adjoining structures.
COMMISSIONER OSWALT SECONDED the motion.
Regular session closed.
Public hearing opened:
Don Lakings_apnlicant: Spoke to contest the denial. Had several questions of the
Commission and staff. hi answer to most questions, staff indicated that further
research would have to be done before answering the questions.
P & Z Minutes: October 16, 2002 Page 2 of 10
(During Mr. Laking's testimony, Mr. Ketscher called a point of order, stating that
this was an appeal process, therefore Mr. Lindsey's motion was invalid. Chair
Selig and Staff decided to proceed with the appeal testimony, and will entertain a
new motion, affirming or denying the administrative denial, after the testimony
period.)
Hearing and seeing none.
Public hearing closed.
Regular session opened:
COMMISSIONER KETSCHER MOVED TO AFFIRM the administrative
decision (to deny a zoning compliance for the construction of an attached addition
and artic entry onto the existing mobile home located at Jackson's Mobile Home
Park, Space #68.).
COMMISSIONER BOEHLAND SECONDED the motion.
The question was called, and the motion FAILED, three (3) yays to three (3)
nays, by roll call vote.
Per KIBC 17.90.050.A (Decisions) "The commission shall either affirm or reverse
the decision of the community development department director in whole or in
part. If the commission fails to approve the reversal of the community
development department director's decision, that decision is affirmed."
Therefore, the administrative decision to deny zoning compliance to construct an
attached addition and arctic entry onto an existing mobile home located at
Jackson's Mobile Home Park Space #68 was upheld.
(10 Minute Recess)
COMMISSIONER KETSCHER MOVED to adopt Findings of Fact (as contained
in staff report dated October 8, 2002) in support of the denial of the appeal.
Findings are as follows:
[1] A nonconforming, grandfathered, one hundred sixty (160) square foot
covered porch has been voluntarily removed from the mobile home unit
located in Jackson's Mobile Home Park Space No. 68.
[2] KIBC 17.36 040 Nonconforming Structures paragraph "B" limits the
extent of activity undertaken to extend the life of nonconforming
structures to "Ordinary repairs, including the repair or replacement of
walls, doors, windows, roof, fixtures, wiring, and plumbing....".
P & Z Minutes: October 16, 2002 Page 3 of 10
[3] Within KIBC 17.36.040, no allowance has been made for the repair, or
replacement, of key structural components composed of foundations,
support piers, sub -floor systems, or floors.
[4] The voluntary removal of a nonconforming structure is synonymous with
"destroyed" and per Kodiak Island Borough Code 17.36.040. D "....shall
not be reconstructed.....".
[5] Kodiak Island Borough Code 17.26.005 — Definitions `B" states: "Mobile
Home Park" means a tract of land upon which ten (10) or more mobile
home spaces are located, established or maintained for occupancy by
mobile homes ".
[6] The proposed construction is for the addition of 328 square feet of
attached storage area, and 45 square feet of attached, enclosed entry area.
The construction type is framed construction with permanent pier / footing
foundation.
[7] These structural additions in their finished state will be neither mobile nor
accessory, and do not meet the definition of mobile home in Kodiak Island
Borough Code 17.26.
[8] Because these structures are not listed in Kodiak Island Borough Code
17.26 as permitted or conditional, denial is proper.
COMMISSIONER BOEHLAND SECONDED the motion.
The question was called, and the motion CARRIED, five yays, to one nay.
COMMISSIONER LINDSEY was the nay and COMMISSIONER OSWALT
passed on his vote, therefore causing his vote to be counted as the fifth yay on the
prevailing side.
B) Case S02-014. Request for preliminary approval, in accordance with KIB Code
Section 16.40.060, of the subdivision of Lot 7A, Block 4, Monashka Bay
Subdivision, creating Lots 7A-1, 7A-2, 7A-3, Block 4, Monashka Bay
Subdivision; and request, in accordance with KIB Code Section 16.60.040, for the
vacation of easements on Lot 7A, Block 4, Monashka Bay Subdivision, including
the 50 foot wide road and utility easement bisecting the property and a fifteen (15)
foot wide portion of the 25 foot wide road and utility easement running along the
southeast (back) lot line of Lot 7A.
STAFF reported that this request had been brought back to the Commission at the
request of the KIB Assembly. Staff also reported that this request had mistakenly
P & Z Minutes: October 16, 2002 Page 4 of 10
not been given a new number, and therefore would have to be readvertised under a
new number.
COMMISSIONER KETSCHER requested a mobile workshop to this site on
October 25, 2002 @ 4:30pm. The Commission agreed to this date by general
consensus.
Because there were individuals present to testify to this case, the Commission
chose to let them testify.
Regular session closed.
Public hearing opened:
Christine Bushell, Monashka Bay Resident: Spoke against the easement vacation.
Does not want to see an access road halfway up Sawmill Circle. Feels it is too
dangerous. Thinks there should be access off Monashka Bay Road. Believes
there is a driveway in existence, therefore eliminating the need to apply for a
permit.
Julie Cavanaugh, Monashka Bay Resident: Is concerned about the vacation of the
access off of Monasbka Road. Feels that there is too much public concern over
access on Sawmill Circle to vacate any access on Monashka Bay.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
There was no motion necessary, therefore the Commission proceeded to the next
agenda item.
C) Case 02-022. Request for Planning & Zoning Commission Review, according to
KIB Code Section 18.10.030, of sixteen (16) parcels of tax foreclosed property
from tax year 2000: 1) T30S, R29W, TL 3205, Uyak Bay: 2) Holland Acres 2nd
Addition, Tract P-1; 3) Island Lake Subd., Blk 2 Lot 10; 4) Island Lake Subd, Blk
2, Lot 11; 5) Miller Point Subd, Blk 4, Lot 1; 6) Miller Point I" Addition, Blk 2,
Ptn. Lot 1; 7) Miller Point lst Addition, Blk 2, Lot 2; 8) Aleutian Homes Subd.,
Blk 6, Lot 23; 9) Tr. A, ASLS 78-111, Marmot Bay; 10) Tr. B, ASLS 78-111,
Marmot Bay; 11) USS 3471, Lot 23; 12) Akhiok Townsite, Blk 13A Lot 5A; 13)
Russell Estates Yd Addition, Blk 2, Lot 19A-2; 14) Tract 1, Moser Bay Tracts; 15)
Tract A, ASLS 91-33, Kupreanof St.; 16) Chiniak Alaska Subdivision, Blk 1, Lot
1-A.
STAFF indicated this case was advertised in the Kodiak Daily Minor, a
newspaper of general circulation. Staff believed that four (4) (Parcel Ws 2, 5, 6
P & Z Minutes: October 16, 2002 Page 5 of 10
and 7) of these sixteen (16) tax foreclosed properties should be retained by the
Borough for public use, specifically park/open space and access or school or road
maintenance facility. Staff recommends that the remaining twelve (12) parcels be
declared not to be of "public need" and offered at a future KIB land sale.
COMMISSIONER LINDSEY MOVED TO recommend to the Kodiak Island
Borough Assembly that the following sixteen (16) tax foreclosed parcels are
declared not to be of public need and be offered at a future KIB land sale.
1) T30S, R29W, TL 3205
a
Larsen Bay
RI
2) Holland Acres 2na Tract P-1
NHN Balika Lane
R2
Plat
85-28
3) Lot 10, Bk 2, Island Lake Subd.
3147 Ptarmigan Pass
B-Business
Plat
56-3
4) Lot 11, Bk. 2, Island Lake Subd.
3131 Ptarmigan Pass
B-Business
Plat
56-3
5) Lot 1, Bk. 4, Miller Point Subd.
3741 Otmeloi
RRl
Plat
67-3
6) Ptn. Lot 1, Bk. 2, Miller Pt. 1st
3126 Balika Lane
R2
Plat
67-9
7) Lot 2, Bk. 2, Miller Pt. lst
3174 Balika Lane
R2
Plat
67-9
8) Lot 23, Bk. 6, Aleutian Homes
512 Thorshiem
R1
Plat
74-9
9) Tr. A, ASLS 78-111
Marmot Bay
C-Conserv.
Plat
80-20
10) Tr. B, ASLS 78-111
Marmot Bay
C-Conserv.
Plat
80-20
11) Lot 23, U.S. Survey 3471
36943 Chiniak Hwy
RR1
USS
3471
12) Lot 5A, Bk. 13A, Akhiok Twnsite NHN Airport Way
R1
Plat
78-7
13) Lot 19A-2, Bk. 2, Russell Est. 3r 1820 Larch Street R3 Plats 78-12 &
77-5
14) Tr. 1, Moser Bay Tracts Moser Peninsula C-Conserv. Plat
89-14RS
15) Tr. A, ASLS 91-133 Kupreanof C-Conserv. Plat
L 92-44
P & Z Minutes: October 16, 2002 Page 6 of 10
16) Lot IA, Bk. 1, Chiniak Ak. Subd. 42742 Chiniak Hwy RR2
84-47
The motion was SECONDED by COMMISSIONER KETSCHER.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regular session opened:
Plat
The question was called, and the motion CARRIED five yays to one nay,
COMMISSIONER BOEHLAND was the nay.
D) Case 02-023 Request for a review of the zoning appeals code, Section 17.90.010,
determining how a person may appeal certain administrative decisions under
K113C Title 17 and the enforcement, penalties and remedies code, Section 17.75.
STAFF indicated this case was advertised in the Kodiak Daily Mirror, a
newspaper of general circulation. Staff indicated this was a continued discussion
of potential changes to the appeals procedure and stated that staff had been
reluctant to recommend substantial changes to the appeals procedure, but is
recommending investigating a hearing officer position. Staff recommended
postponement to allow further consideration of suggestions from the Womens Bay
Community Council as well as to provide time for other members of the public to
contribute their thoughts.
COMMISSIONER KETSCHER MOVED TO postpone Case 02-023 until the
November 2002 regular meeting of the Planning and Zoning Commission.
The motion was SECONDED by COMMISSIONER OSWALT.
Regular session closed.
Public hearing opened:
Ben Millstein, Womens Bay Community Council Member: WBCC is asking that
several suggestions be included in the revised code for the appeals process. Three
guidelines asked to be included are: 1) The same appeals rights and process
should apply to all parties affected by the determinations. 2) The review and
decision of appeals should be done by parties other than those who made the
determination. 3) The appeal process should be designed so it is available without
unreasonable difficulty to any party.
P & Z Minutes: October 16, 2002 Page 7 of 10
0
Jack Doyle, Womens Bay Community Resident: Feels that even though there
may be cases where some individuals wanting to appeal a decision are not being
impacted by the action, there are many cases in which individuals are being
impacted and have no recourse. Encourages the Commission to formulate criteria
to decide which individuals are being impacted enough to have the right of appeal.
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
A) Findings of Fact for the denial of Case 02-014 - A rezone, in accordance with
KIB Code Section 17.72.030.0 (Manner of Initiation), of Lot 3, Alagnak Acres
Subdivision from R2-Two Family Residential to R3-Multi-Family Residential.
COMMISSIONER BOEHLAND MOVED to adopt the findings below in support
of the denial of a rezone of Lot 3, Alagnak Acres Subdivision from R2-Two
Family Residential to R3-Multi Family Residential.
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
The rezone is not needed and justified because the requested rezone would
allow an increase in potential residential density that may not be supported
by the recently reconstructed Island Lake Road, which is the principal
thoroughfare providing access to the rezone area and beyond.
17.72.020 B. Findings as to the Effect a Change or Amendment would
have on the Obiectives of the Comprehensive Plan.
The rezone may have an effect on the objectives of the comprehensive
plan, which designates the surrounding area for medium density
residential. The introduction of high -density residential would be
inconsistent with the objectives of the comprehensive plan if it utilizes the
available road capacity of Island Lake Road that is intended to serve the
greater area.
COMMISSIONER LINDSEY
the motion.
The question was called and the motion CARRIED five (5) yays to one (1) nay,
COMMSSIONER KETSCHER was the nay.
P & Z Minutes: October 16, 2002
Page 8 of 10
VIII. NEW BUSINESS
A) Review of Planning & Zoning Commission by-laws.
Staff reported that the review was requested by COMMISSIONER WILLIAMS.
Upon review of the bylaws, staff has noticed that certain items, such as the
volume of Robert's Rules of Order used, are in need of revision. Staff
recommended continued review of the bylaws by the Commission and to postpone
any decision until a later meeting.
COMMISSIONER KETSCHER MOVED to postpone New Business Item A,
revision of the Kodiak Island Borough Planning and Zoning Commission bylaws,
to the December 2002 regular meeting.
COMMISSIONER BOEHLAND SECONDED the motion.
The question was called and the motion CARRIED by unanimous voice vote.
IX. COMMUNICATIONS
A) Letter dated September 13, 2002 from Martin Lydick to Charles Lorenson
regarding letter of courtesy and advisory.
B) Letter dated October 1, 2002 from Duane Dvorak to Leland James regarding
similar use determination for small scale brewery.
There were no further communications.
COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE RECEIPT of item
A through item B of Communications. The motion was SECONDED by
COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote.
X. REPORTS
STAFF reported the following meeting schedule:
■ November 13, 2002 work session at 7:30 p.m. in the KIB Conference room.
■ November 20, 2002 regular meeting at 7:30 p.m. in the Assembly Chambers.
There were no further reports.
COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE receipt of reports. The
motion was SECONDED by COMMISSIONER LINDSEY, and CARRIED by
unanimous voice vote.
P & Z Minutes: October 16, 2002 Page 9 of 10
XI. AUDIENCE COMMENTS
Don Lakings. Case 02-025: Wanted to know if there was a way to work with the
Commission toward a compromise on his request. The Commission directed him to
review this with staff, perhaps to apply for a variance.
XIL COMMISSIONERS' COMMENTS
COMMISSIONER LINDSEY: Stated that it is nice to work with people who are patient
and willing to go through the processes.
COMMISSIONER OSWALT: Would like to say to Mr. Lakings that this is a tough
situation all the way through, and don't give up.
COMMISSIONER KETSCHER: Welcomed Dennis (Commissioner McMurry) to the
Commission, it is nice to have a full Commission. Stated that he will not be at the next
worksession and asked for an excusal, but will be at the next regular meeting. Felt that
this meeting showed the need for the Commission to have a workshop on parliamentary
procedure, especially as it pertains to the code. Does not want anyone to think that
postponements (to reviewing the Borough code) mean that the requests are being put on
the backburner, they just need time for more review. Speaking to Case S02-014, he
wants a little more information from the Borough before their reconsideration. Would
like Assembly Member Heinrichs, who is scheduled to attend the November P&Z
Meetings, to be at the meetings to give the Commission the Assembly's direction on
these cases. Would also like to see the Borough Manager, Pat Carlson, at the meeting to
help explain why the previous decision made on Case S02-014 was wrong and to explain
away the concerns of the people living in the affected neighborhood.
XIII. ADJOURNMENT
CHAIR SELIG ADJOURNED the regular meeting at 9:50pm.
KODIAK ISLAND BOROUGH
PLANNING AND
ZONING COMMISSION
By: I ' 1
Clarenc�li exhair
ATTEST
By: �ti� �- &t
Erin Whipple, Secretary
Community Development Department
DATE APPROVED: November 20, 2002.
P & Z Minutes: October 16, 2002 Page 10 of 10