2006-11-15 Regular MeetingPLANNING AND ZONING COMMISSION
REGULAR MEETING NOVEMBER 15,
CALL TO ORDER
MINUTES
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BOR000HCLERK'S OFFICE
The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by VICE
CHAIR KING on November 15, 2006 in the Borough Assembly Chambers.
ROLL CALL
Commissioners
David King-Vice Chair
Casey Janz
Gary Carver
Brent Watkins
Dennis McMurry
Gary Juenger
Vacant
A quorum was established.
Present Excused Absent Others Present
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Martin Lydick, Associate Planner
Community Development Dept.
Sheila Smith, Secretary
Community Development Dept.
APPROVAL OF AGENDA
COMMISSIONER CARVER MOVED TO CHANGE the order of the public hearings to allow Case B 07-
009 to be heard first. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 5-0.
COMMISSIONER CARVER MOVED TO APPROVE the amended agenda.. The motion was
SECONDED by COMMISSIONER JUENGER, and it CARRIED 5-0.
APPROVAL OF MINUTES
COMMISSIONER JANZ MOVED TO APPROVE the minutes of October 18, 2006 as submitted.
COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 5-0.
PUBLIC HEARINGS
B. Case 07-009 Request for a Variance, in accordance with KIBC 17.66, to permit the creation of two 4.8
acre lots by subdivision which is less than five (5) acres of lot area not subject to tidal action below the
mean high tide, per KIBC 16.40.040.A.2, KIBC 16.40.OSO.B.1, and KIBC 17.13.OSO.A. The applicant is
Brad Ames, and the location is a Portion of the West half of USS 1736, Settler Cove, Port Lions, AK,
and it is zoned C-Conservation
Staff reported that reviewing a request for a grant of variance from applicable zoning district standards
differs from most of the duties and actions of the Commission. Unlike many other duties and actions,
where the Commission may exercise a great deal of latitude in reaching a consensus, the variance
language is mandatory, and the six (6) part test, which the Commission must use in its deliberations, is
explicitly spelled out in KIBC 17.66.050.
A. Approval. If it is the finding of the commission, after consideration of the investigator's report
and receipt of testimony at the public hfaring, that the use proposed in the application, or under
appropriate conditions or restrictions, meets all of the following, the variance shall be granted:
1. That there are exceptional physical circumstances or conditions applicable to the property or to
its intended use or development, which do not apply generally to other properties in the same
land use district;
November 15, 2006 P & Z Commission Meeting Minutes Page 1 of 4
2. That the strict application of the provisions of this title would result in practical difficulties or
unnecessary hardship;
3. That the granting of the variance will not result in material damage or prejudice to other
properties in the vicinity nor be detrimental to the public's health, safety or general welfare;
4. That the granting of the variance will not be contrary to the objectives of the comprehensive
plan;
5. That actions of the applicant did not cause special conditions or financial hardship or
inconvenience from which relief is being sought by a variance; and
6. That granting the variance will not permit a prohibited land use in the district involved.
B. Denial. If the commission finds, after consideration of the investigator's report and receipt of
testimony at the public hearing, that it cannot make all of the required findings in subsection A
of this section it shall deny the variance.
It's important to keep in mind that a grant of variance establishes a legal right, independent of
ownership, and remains with the land. Staff recommends denial of this request.
COMMISSIONER CARVER MOVED TO GRANT a variance; in accordance with KIBC 17.66, to
permit the creation of two (2) lots by subdivision with less than five (5) acres of lot area that is not
subject to tidal action below the mean high tide, per KIBC 16.40.040.A.2, KIBC 16.40.OSO.B.1, and
KIBC 17.13.OSO.A..COMMISSIONER WATKINGS SECONDED the motion.
Regular session closed:
Public hearing open:
Brannon Ames (applicant's brother) spoke in support of the request. Mr. Ames addressed each of the six
(6) parts of the test, and he feels that none of the test applies. He also explained that his brother and he
bought the 30 acre parcel together without any knowledge of ordinance that would prevent them from
subdividing; however, they feel it would be problematic later if it's all one piece with homes for each of
their families. Mr. Ames submitted a public hearing notice with favorable comments from the City of
Port Lions. He thanked the Commission for their time and consideration.
Public hearing closed:
Regular session open:
Discussion of the submitted plat map, the acreage, the mean high water, mean low water, mean sea level,
and the zero elevation line.
It was the consensus that they would like to see a resolution before granting a Variance.
COMMISSIONER CARVER MOVED TO POSTPONE their decision until they receive certification
of the elevation data of the plat. COMMISSIONER JUENGER SECONDED the motion, and it
CARRIED 5-0.
A) Case 07-008. Request a Tax Foreclosure/Review. The applicant is Kodiak Island Borough, and the
agent is Cassandra Juenger. The locations are multiple, and the zoning varies.
Staff reported KIBC Section 18.10.030 requires Commission review oftax-foreclosed property at the
time of acquisition, in order to determine whether any of the tax foreclosed property needs to be retained
for a public purpose. Those lands not required to be retained for a public purpose maybe disposed of at
a future land sale, the timing and method of which is subject to the Assembly's discretion. The specific
language of KIBC 18.10.030 is as follow:
18.10.030 Review. Upon acquisition of any real property, including real property acquired by tax
foreclosure, but excluding real property acquired for a specific purpose or project, the planning
commission shall review the newly acquired land and make recommendations as to whether all or
any portion of the land should be devoted to public use, reserved for future use to meet projected
borough requirements, or made available for sale, lease or other disposition in conformance to the
November 15, 2006 P & Z Commission Meeting Minutes Page 2 of 4
borough comprehensive land use plan. The manager shall review the planning commission action
and make recommendations to the assembly.
Staff has not determined that any of the parcels subject to this review exhibit any peculiar attributes,
which would lend them any particular public use designation, and does not recommend retention in a
public ownership inventory.
A brief discussion.
COMMISSIONER JANZ MOVED TO RECOMMEND to the Kodiak Island Borough Assembly that
the following fourteen (14) tax-foreclosed parcels be declared not to be of public need and be offered at
a future KIB land sale. COMMISSIONER CARVER SECONDED the motion.
Regular session closed:
Public hearing opened:
Public hearing closed:
Regular session opened:
The question was called, and it CARRIED 5-0.
OLD BUSINESS
There was no old business.
NEW BUSINESS
There was no new business.
COMMUNICATIONS
A) Compliance Letter to Richard and Patricia Collins from Martin Lydick, Associate Planner dated October
11, 2006.
B) Letter of Courtesy & Advisory to Mr. Furrow from Martin Lydick, Associate Planner dated November
1, 2006.
C) Letter of Courtesy & Advisory to Mr. Patrick Stelzer from Martin Lydick dated November 2, 2006.
D) Notice of Denial to Randy Gilbert and Tanya Inga from Duane Dvorak, Acting Director dated November
13, 2006.
COMMISSIONER WATKINS MOVED TO ACCEPT communications as submitted. COMMISSIONER
JANZ SECONDED the motion, and it CARRIED 5-0.
REPORTS
A) Meeting schedule:
• December 13, 2006 work session at 7:30 p.m. in the KIB Conference Room
• December 20, 2006 regular meeting at 7:30 p.m. in the Assembly Chambers
B) Parks & Recreation Committee Meeting Minutes:
September 12, 2006
September 26, 2006
October 24, 2006
AUDIENCE COMMENTS
There were no audience comments.
COMMISSIONERS' COMMENTS
Mr. Watkins said he would like to see on future waterfront plats that the mean high water is specifically
noted.
November 15, 2006 P & Z Commission Meeting Minutes Page 3 of 4
Mr. Carver encourages applicants be alerted to have surveys reference mean high water.
Ms. Janz said "good job" to Dave King.
Mr. Juenger thanked Mr. Ames, and congratulated Mr. King.
Mr. King apologized to Mr. Ames because he usually goes to look at property but couldn't this time due to
weather.
ADJOURNMENT
COMMISSIONER JANZ MOVED TO ADJOURN. COMMISSIONER WATKINS SECONDED the
motion, and it CARRIED 5-0.
VICE CHAIR KING ADJOURNED the regular meeting at 8:05 p.m.
ATTEST
Sheila Smith, Secretary
Community Development Department
DATE APPROVED: December 20, 2006
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
v
By• ~ i /v
Dave King, Vice Chair
November 15, 2006 P & Z Commission Meeting Minutes Page 4 of 4