2003-03-19 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING MARCH 19, 2003
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 WILLIAMS on March 19, 2003 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Barbara Williams —Chair
Gary Carver
Jerrol Friend
Cheryl Boehland
Jake Ketscher
Reed Oswalt
A quorum was established.
Commissioners not present
Dennis McMurry
Others Present
Duane Dvorak, Director
Community Development Dept.
Erin Whipple, Secretary
Community Development Dept.
WILLIAMS MOVED TO EXCUSE Commissioner McMurry.
The motion was SECONDED by COMMISSIONER KETSCHER and CARRIED by
unanimous voice vote.
III. APPROVAL OF AGENDA
COMMISSIONER BOEHLAND 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 KETSCHER MOVED TO APPROVE the minutes of February 19,
2003 Planning and Zoning Commission regular meeting as submitted. The motion was
SECONDED by COMMISSIONER FRIEND, and CARRIED by unanimous voice vote.
P & Z Minutes: March 19, 2003 Page 1 of 11
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VII. PUBLIC HEARINGS
A) Case S03-004. Request to amend preliminary approval for the vacation and replat
of Selief Estates, Tract A, Block 3 creating Selief Estates Blk 3, Lots Al, A2, and
A3.
STAFF reported that this was an amendment request to a subdivision that had
previously been granted preliminary approval. Twenty-four (24) public hearing
notices were sent out for this case with none being returned prior to the meeting.
Staff recommended approval of this request, subject to four conditions of
approval.
COMMISSIONER KETSCHER MOVED TO grant preliminary approval to the
vacation of Tract A, Block 3, Selief Estates Subdivision, creating Lots Al, A2,
and A3, Block 3, Selief Estates, as reflected on the revised plat dated January 7,
2003, subject to the conditions of approval contained in the staff report dated
March 12, 2003, and to adopt the findings contained in that staff report as
"Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Submit a drainage plan for the revised plat to the KIB Engineering and
Facilities Department for review and approval prior to final plat approval.
2. Clarify the need for, and purpose, of the driveway access easement where it
extends outside of the 30 foot wide flag stem access drive.
3. Provide a revised site plan for the church under construction on Lot Al that
indicates the access coming from the designated flag stem easement as
indicated by the plat note.
4. Remove the Borough logo from the final plat or obtain written approval from
the Borough Manager for its use.
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.
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3. This plat provides a subdivision of land that is consistent with 1997 Lakeside
FSafeway Subarea Plan Revision.
The motion was SECONDED by COMMISSIONER FRIEND.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
B) Case 03-006. Request for a variance, in accordance with KIB Code 17.66, to
allow the encroachment of an addition to the residence eight (8) feet into the ten
(10) foot Gerasim Ave. side yard setback, and to allow an existing nonconforming
encroachment seven (7) feet into the Hillside Drive side yard set back, located on
Lot 1A, Blk 2, Aleutian Homes subdivision.
STAFF indicated fifty-three (53) public hearing notices were distributed for this
case with one being returned stating no objection. Staff recommended approval of
this request subject to two conditions of approval.
COMMISSIONER FRIEND MOVED TO grant a variance, in accordance with
KIB Code 17.66, to allow the encroachment of an addition to the residence eight
(8) feet into the ten (10) foot Gerasim Ave. side yard setback, and to allow an
existing nonconforming encroachment seven (7) feet into the Hillside Drive side
yard set back, located on Lot IA, Blk 2, Aleutian Homes subdivision, subject to
the conditions of approval contained in the staff report dated March 12, 2003; and
to adopt the findings in that staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. The building line established by the variance shall not be used to average a
new front yard setback requirement for the main structures on adjacent lots.
2. The property owner shall obtain an updated as -built survey at the completion
of the building addition and the extent of the variance(s) granted under this
request will be as indicated on the as -built survey.
FINDINGS OF FACT
P & Z Minutes: March 19, 2003 Page 3 of 1 I
17.66.050 A.1.Excgptional 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.
In this case the exceptional physical circumstances on the lot is: 1) the
nonconforming placement of the existing structure on the lot where it
encroaches into the both of the 10 foot street side setbacks along Hillside Drive
and Gerasim Avenue; 2) the lot is an odd -shaped parcel with a generally
triangular shape and less than the 7,200 square feet currently required for an RI
zoned lot; and 3) the lot is slope affected by the topography of the land.
17.66.050 A.2.Strict application of the zoning ordinances would result in practical
difficulties or unnecessary hardships.
The strict application of the zoning ordinance would not allow the proposed 12
by 24 foot addition that is proposed to replace the existing deck addition in the
same location. The addition will not increase the encroachment in the 10-foot
street side setback along Gerasim Avenue, nevertheless it is perceived to be an
expansion of the structure because it would increase the existing nonconformity
by creating additional habitable space.
Nonconformities are normally expected to move towards conformity over time.
However, in cases where a variance may be justified, the variance may be used
to make the property conforming through the granting of a dispensation to vary
from the express requirements of the zoning district.
The variance should not however be used to establish a new setback line that other
adjoining properties can use to establish an averaged front yard setback. In
addition, the petitioner should be required to update the as -built survey to ensure
the variance references the appropriate measurements. The distances advertised
for this case are scaled from the current as -built on file, however if the variance
granted by the Commission does not equal the actual distances the petitioner
could still be left with a nonconformity or a violation on the new addition. It is
expected that the updated as -built will be no more than plus or minus 6 inches in
terms of the estimated measurements provided by staff in this case.
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 of this variance will not result in material damage or prejudice to other
properties in the area. A substantial number of other residences in the area have
obtained variances for all manner of encroachments, arctic entries and covered
decks to principal structures that project into the required front and side yard
setbacks.
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17.66.050 AA.The granting of the variance will not be contrary to the objectives
of the Comprehensive Plan.
Granting of the variance will not be contrary to the objectives of the
comprehensive plan, which identifies this area for Medium Density Residential
Development. The proposed 12 by 24 foot addition will not increase density or
constitute a change from the permitted single-family residential land use.
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.
In this case, the actions of the applicant have not caused the condition from
which relief is being sought by variance. The existing nonconformities are pre-
existing conditions, which the petitioner has made substantial efforts to improve
through re -platting additional area into the lot and changing the setback layout
on the lot to the maximum extent feasible. As is so often the case in long
established residential subdivisions however, there are functional limits to how
much after -the -fact alteration can be done to improve nonconforming lot
designs.
The .petitioner will obtain a final decision on this variance request before initiating
any improvements to the site regarding the 12 by 24 foot residential addition.
17.66.050 A.6.That the anting of the variance will not permit a prohibited land
use in the district involved.
Additions to single-family dwellings are permitted in the Rl--Single-Family
Residential Zoning District.
The motion was SECONDED by COMMISSIONER OSWALT.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
C) Case S03-003. Request for A request for the vacation and replat of Woodland
Acres, Lots AIA, A1B, A1C and Erwin Estates, Lot 1, creating Erwin Estates,
USS 1682, Lots 1A, 4, 5, 6, 7 including the vacation of a five (5) foot portion of a
fifteen (15) foot pedestrian access easement over a portion of Lot 1, Erwin Estates
and the amendment of a plat note, per plats 99-23, 98-21 and 95-23 to eliminate a
P & Z Minutes: March 19, 2003 Page 5 of I I
prohibition on structural development, and creating a forty (40) foot private drive
access road.
STAFF indicated forty-seven (47) public hearing notices were distributed for this
case with twenty-four (24) being returned indicating varying concerns or
objections to the request. Staff felt that further research was required before any
recommendation could be made on this request and recommended postponement
to allow time for such research. Staff noted that the petitioner's letter stated they
would not object to a one -month postponement.
COMMISSIONER CARVER MOVED TO postpone Case S03-003, until the
next regular scheduled meeting of the Planning and Zoning Commission on April
16, 2003 in order to allow additional review and research on this case.
The motion was SECONDED by COMMISSIONER KETSCHER.
Regular session closed.
Public hearing opened:
Jon Leake, neighborhood resident: Spoke against the request. Questioned
whether proposed lots 4 and 5 would be buildable due to tidal actions. Stated that
he bought his lot for the view, which could be blocked by buildings on proposed
lots 4 and 5.
Elysia Leake, neighborhood resident: Spoke against the request. Stated that tides
make building on proposed lots 4 and 5 questionable. Wanted to know the
validity of what you read on a plat? How can a plat note be changed? They
bought their property based on assurances from Community Development that the
lots in front of them could not be developed without the neighborhood agreeing to
let it happen. Would be very disappointed to see houses built on those lots.
Betty Bongen, neighborhood resident: Spoke against the request. Stated that it is
important to her that the note allowing them access to the beach be upheld. Feels
that the tides fluctuate severely on proposed lots 4 and 5. Agrees that the
neighborhood has grown up special due to the beach access that the Erwin's
allowed.
Ron Painter, applicant: Spoke in support of his request. Stated that he felt that
much of the testimony the Commission has heard and will hear does not have a
place in this discussion. Stated that several of the individuals testifying do not
have a note on their plat stating their right to use the beach access. Believes the
Planning & Zoning Commission has been provided all the information they need
to approve the subdivision request. Stated that he does not have objections to a
one -month postponement. States that the staff report misinterprets the Coastal
Management Program.
P & Z Minutes: March 19, 2003 Page 6 of I 1
Ken Hansen, neighborhood resident: Spoke against the request. Asked the
Commission to walk down to the beach sometime and observe the effects of high
water on the property in question. Feels there has been a long-standing intention
by the previous property owners to maintain beach access on this property. Stated
that he bought his property after thorough inspection of all plats, not just those
platting his lot specifically. Stated that although the plat note allowing beach
access to all residents of US Survey 1682, while not on the plat that developed his
lot, still applies to him as a resident of US Survey 1682. Requested that
notification of this request be provided to all residents of US Survey 1682, as it
affects each of them, not just those residing within 500 feet of the property
boundary, as was previously done.
Jan Philpot, neighborhood resident: Spoke against the request. Stated that they
bought their property on Seabreeze Circle for the view and that structures on the
beach would definitely obstruct their view. Stated that they previously were not
aware of the access easement, but when they went to find it, it was impossible to
navigate due to old cars, stumps and other debris.
Michael Horton, neighborhood resident: Spoke against the request. Stated that it
is disturbing that the covenants granting him rights he believed he had are simply
opinions and that only two people in the room actually have those rights. Stated
that if this is proven true that they will probably seek some redress with the
individuals that sold them the home as they were under the same impressions
about beach access. Feels losing the beach access would negatively affect the
value of their home. Stated that he had been to the borough a few years prior to
determine where the new easement was and upon looking for it on the property
found it was not identifiable.
Mel Stephens, attorney: Spoke in favor of the request without the addition of any
conditions or plat notes regarding use. Clarified that he was not speaking as the
applicant's attorney. Urged the Commission to stick to determining whether the
request meets the conditions of KIBC 16.30, subdivisions, and nothing else.
Jim Crane, neighborhood resident: Spoke against the request. Noted the fact that
the beach access created a higher tax base neighborhood. Feels that the beach was
paid for by the neighborhood when the lots were purchased, as Mr. Erwin factored
that into the original sales price of the lots. Questioned the notification procedure.
Questioned some of the design elements of the proposed subdivision. Is
concerned that the proposed lots would be fenced. Feels the access easement
should not be reduced. Stated that the present plat shows the beach area in
question as recreational use. Mr. Erwin replatted the lots in question several
times, having the opportunity to have the plat note removed, and never did.
Stated that the applicants also signed a plat containing the plat note. Is opposed to
the creation of a 40 foot road and access easement.
P & Z Minutes: March 19, 2003 Page 7 of 1 I
Maria Painter. applicant: Spoke in support of the request. Reviewed portions of
several historical documents regarding the properties in question.
Lon White, neighborhood resident: Questioned whether all of US Survey had
been notified. Feels someone, likely a previous property owner, had the foresight
to set the existing beach area aside for recreational use. Feels the existing
property owner received a benefit for doing such: One being the area was not
buildable and two being it increased the value of the surrounding lots. Thinks if
the plat note is not valid the Borough may hold some responsibility. Asked that
the Commission consult their attorney on several of the issue raised. Stated that
he felt it was the intention of previous owners of the property to maintain the
recreation use of the beach and the access easement.
Sheila Horton, neighborhood resident: Stated that she purchased her property
with the understanding that she had access to the beach. Has traditionally used the
old beach road because she couldn't find the easement. Feels she has a financial
interest in the request as well as the fact that the outcome affects her family and
home.
COMMISSIONER KETSCHER MOVED TO ALLOW any persons that had
previously spoken to have an additional five minutes to finish their statements.
COMMISSIONER BOEHLAND SECONDED the motion.
The motion CARRIED by unanimous voice vote.
Mel Stevens, attorney: Urged the Commission to not try to sort out the history of
this property and not get into those items he feels are private property issues.
Feels that plat notes over -simplify private property issues.
Jim Crane, neighborhood resident: Stated that the recreational designation is the
law of the land. Agreed with Mr. Stevens that this is an issue for the courts. Read
into record KIBC 16.10.040.
Maria Painter, ap lin cant: Continued her review of historical documents relating to
this case.
Lon White, neighborhood resident: Stated that he feels the previously platted
properties Maria Painter referred to for comparison are actually not the same type
of properties as the one in question. Urged the Commission to review the Coastal
Management plan if they have that ability. Wanted to know if the applicants are
planning on or have the ability to restrict public access below the mean high water
line.
P & Z Minutes: March 19, 2003 Page 8 of I l
Hearing and seeing none.
Public hearing closed.
Regular session opened:
COMMISSIONER FRIEND MOVED TO AMEND the motion to add a
direction to staff to notify all property owners in US Survey 1682 for the April
hearing.
COMMISSIONER WILLIAMS SECONDED the amendment.
The question was called and the amendment CARRIED by unanimous roll call
vote.
The question was called on the amended main motion and CARRIED by
unanimous roll call vote.
10 minute recess.
VIII. OLD BUSINESS
A. Appointment of a Commissioner to serve as a voting member on the Parks and
Recreation Committee.
COMMISSIONER BOEHLAND MOVED TO appoint Commissioner Friend to
serve as the Planning and Zoning Representative on the Parks and Recreation
Committee.
COMMISSIONER CARVER SECONDED the motion.
The question was called and CARRIED by unanimous roll call vote.
IX. NEW BUSINESS
A. Resolution 2003-03A recommending an increase in the Planning and Zoning
Commission stipend.
COMMISSIONER KETSCHER MOVED TO pass Kodiak Island Borough
Planning and Zoning Commission Resolution # 2003-03A and submit it to the
Borough Assembly.
The motion FAILED for lack of a second.
COMMISSIONER FRIEND MOVED TO table this item indefinitely.
P & Z Minutes: March 19, 2003 Page 9 of I I
COMMISSIONER CARVER SECONDED the motion.
The question was called and the motion CARRIED five yays to one nay by roll
call vote. Commissioner Ketscher was the nay.
B. Resolution 2003-03B substitute recommending an increase in travel funding for
Commission travel to the outlying borough communities and for outside training
opportunities.
COMMISSIONER FRIEND MOVED TO adopt Resolution 2003-03B substitute
and forward it to the Kodiak Island Borough Assembly for consideration.
COMMISSIONER OSWALT SECONDED the motion.
The question was called and the motion CARRIED by unanimous roll call vote.
X. COMMUNICATIONS
A) Letter dated January 16, 2003 to Mr. Paul Zimmer and Ms. Tia Leber from Martin
Lydick regarding Island Vista Subdivision Block 1 Lot 4A / 2000 Ridge Circle.
B) Letter dated February 14, 2003, to Mr. C. L. Lowenberg from Martin Lydick
regarding cooperation in correction suspected zoning violation.
C) Letter dated February 14, 2003, to Global Seafoods N America, LLC from Martin
Lydick regarding ATS 49 City Tidelands Tract 18 A / 800 E. Marine Way.
D) Letter dated February 26, 2003, to Ms. Cathy Stevens from Duane Dvorak regarding
request for information about Jackson Mobile Home Park, hie.
E) Letter dated February 26, 2003, to Judi Nielsen from Martin Lydick regarding review
of liquor license application for Kodiak Island Brewing Co. LLC.
There were no further communications.
COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE RECEIPT of item
A through item E of Communications. The motion was SECONDED by
COMMISSIONER FRIEND, and CARRIED by unanimous voice vote.
XI. REPORTS
STAFF reported the following meeting schedule:
• April 2, 2003 work session at 7:00pm in the Assembly Chambers.
• April 9, 2003 work session at 7:30 p.m. in the KIB Conference room.
• April 16, 2003 regular meeting at 7:30 p.m. in the Assembly Chambers.
There were no further reports.
P & Z Minutes: March 19, 2003
Page 10 of 11
COMMISSIONER BOEHLAND MOVED TO ACKNOWLEDGE receipt of reports.
The motion was SECONDED by COMMISSIONER KETSCHER, and CARRIED by
unanimous voice vote.
XII. AUDIENCE COMMENTS
There were no audience comments.
XIIL COMMISSIONERS' COMMENTS
COMMISSIONER BOEHLAND: No Comment.
CK��Ii�.`b`If�7�l�1ZK � __ : ► � . t�TTT�if#
COMMISSIONER FRIEND: Thinks Resolution 2003-03B regarding travel funding for
Commissioners is a good one and the Assembly should be encouraged to adopt it. Feels
traveling to the villages is important.
COMMISSIONER KETSCHER: No comment.
COMMISSIONER OSWALT: No comment.
COMMISSIONER WILLIAMS: Thanked everyone who attended the meeting and
thanked the Commission for a good meeting. Thanked Staff for their help.
IX. ADJOURNMENT
CHAIR WILLIAMS ADJOURNED the regular meeting at 9:47p.m.
KODIAK ISLAND BOROUGH
BY �i�izrn_s` ,! IL, � � i
Barbara Williams, Chair
ATTEST
By: ��/
� it ?_ CLI�4h
Erin Whipple, Secret
Community Development Department
DATE APPROVED: April 16, 2003.
P& Z Minutes: March 19, 2003 Pagc I I of I I