2003-08-20 Regular Meeting
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KODIAK ISLAND BOROUGH U
PLANNING AND ZONING COMMISSION
REGULAR MEETING AUGUST 20, 2003
MINUTES BOROUGH CLERK'S OFFICE
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by
CHAIR FRIEND on August 20, 2003 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Others Present
Duane Dvorak, Associate Planner
Community Development Dept.
Erin Whipple, Secretary
Community Development Dept.
Michelle R. Stearns, Director
Community Development Dept.
Jerrol Friend
Cheryl Boehland
Jake Ketscher
Dennis McMurry
Reed Oswalt
A quorum was established.
Commissioners not present
Gary Carver
One vacant seat
COMMISSIONER KETSCHER MOVED TO EXCUSE Commissioner Carver.
The motion was SECONDED by COMMISSIONER BOEHLAND and CARRIED by
unanimous voice vote.
III. APPROVAL OF AGENDA
COMMISSIONER KETSCHER MOVED TO APPROVE the agenda as amended with the
changes outlined in the Addendum to the Agenda. The motion was SECONDED by
COMMISSIONER OSW AL T and CARRIED by unanimous voice vote.
IV.
MINUTES OF PREVIOUS MEETING
V.
COMMISSIONER KETSCHER MOVED TO APPROVE the minutes of July 16, 2003
Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED
by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote.
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
P & Z Minutes: August 20, 2003
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VI. PUBLIC HEARINGS
A)
APPEAL 03-015. Request for appeal of an administrative decision, per KIBC
17.90.020.A, denying zoning compliance to construct an attached addition onto the side
ofa nonconforming dwelling unit located on Space 9, Erdman Mobile Home Park.
STAFF outlined the appeal procedure as contained in KIBC 17.90.040. Staff reported
that ten (10) public hearing notices were distributed for this case with none (0) being
returned prior to the appeal hearing. Staff reported that this appeal arose due to the
denial of an application for a zoning compliance permit to rebuild a nonconforming,
grandfathered porch that had been removed.
APPELANT Dawn Black testified in support of her appeal.
COMMISSIONER OSWALT MOVED TO reverse the denial of zoning compliance for
the construction of an attached 6 by 4.5 foot enclosed porch addition onto the side of a
nonconforming dwelling unit located on Space 9, Erdman Mobile Home Park.
The motion was SECONDED by COMMISSIONER KETSCHER.
The question was called and the motion FAILED, three yeas to two nays by roll call
vote. Commissioners Ketscher and Boehland were the nays.
COMMISSIONER KETSCHER MOVED TO adopt the Findings of Fact contained in
the staff report dated July 28,2003.
FINDINGS OF FACT
[I] A 27 square foot enclosed porch has been voluntarily removed from the
nonconforming dwelling unit located in Erdman Mobile Home Park Space 9.
[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.. ..".
[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. ...". When a structure or portion of a structure is demolished and removed
by voluntary action, without prior zoning compliance approval for any replacement
structure, the nonconforming rights are voluntarily extinguished and new development
must thereafter conform to the current KIB zoning code requirements.
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[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 of27 square feet of enclosed
porch area, however, the petitioner has substantially rebuilt the support foundation
for the main structure and added a new window for which no zoning compliance
or building permit was requested or approved.
[7] The proposed structural addition will be attached to a structure that is not a
mobile home by the definition contained in KIBC 17.26.005.
[8] Because these structures are not listed in Kodiak Island Borough Code
17.26 as permitted or conditional, denial is proper.
[9] Allman and Lalande Subdivision, Lot 14, is a nonconforming lot of record
with 13,920 square feet of area and a width of 97 feet. The RRI-Rural
Residential One zoning district requires a minimum 20,000 square foot lot area
for lots served by municipal water and sewer service.
[10] There is no documentation ofa site plan being reviewed or approved under
a prior mobile home park code for the Erdman Mobile Home Park. The appellant
responding to staff requests has submitted portions of a site plan. However, the
complete plans, as well as pertinent dates relating to the plan have not been
submitted by the appellant, nor discovered by staff.
The motion was SECONDED by COMMISSIONER BOEHLAND.
The question was called and the motion FAILED, three yeas to two nays by roll
call vote. Commissioners McMurry and Oswalt were the nays.
COMMISSIONER KETSCHER MOVED TO defer findings until the September
17, 2003 regular meeting.
COMMISSIONER BOEHLAND SECONDED the motion.
The question was called and the motion CARRIED by unanimous roll call vote.
B) Case SOl-012. Request for preliminary approval, in accordance with KlBC
16.40.060, of a revised plat to amend the approval of the subdivision of Lot 29-A,
US Survey 2539 creating Lots 1 - 20, Seaview Subdivision, 151 Addition in order
to create a private road easement to serve Lots 1-8.
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STAFF indicated eight (8) public hearing notices were distributed for this case
with none (0) being returned. Staff recommended approval of this request subject
to six conditions of approval.
COMMISSIONER KETSCHER MOVED TO grant preliminary approval of the
subdivision of Lot 29A, U.S. Survey 2539, creating Lots 1 through 8 and Tract A,
Seaview Subdivision, subject to conditions of approval 2 through 6 as contained
in the staff report dated August 13, 2003, and adopting the findings in that staff
report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
2. Designate the portion of ADOT/PF right-of-way easement within
the subdivision as a dedication.
3. Engineering and soils testing for Lots 1 through 8 and Tract A,
Seaview Subdivision must be provided prior to final approval,
documenting that this subdivision design can satisfy ADEC
requirements for onsite well and septic systems.
4. Submit a solid waste disposal plan for review and approval by the
Engineering and Facilities Department, prior to final plat approval.
5.
Provide the documentation required in KIBC 16.40.080 for private
road easements, which shall be reviewed by the Planning and
Zoning Commission at a public hearing prior to final approval of
the subdivision.
6. Obtain approval for public safety access from the local State Fire
Marshal representative through the City of Kodiak Fire
Department. Verify whether the subdivision is currently located
within the Womans Bay Fire Service Area and, if so, consult with
the service area board for public safety access design
recommendations.
FINDINGS OF FACT
1. Subject to conditions of approval, this plat provides a subdivision
of land that is consistent with the applicable requirements of KIBC
Title 16.
2. This plat provides a subdivision of land that is consistent with the
applicable requirements ofKIBC Title 17 zoning.
3.
This plat is substantially consistent with the applicable Borough plans in
the area.
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The motion was SECONDED by COMMISSIONER MCMURRY.
Regular session closed.
Public hearing opened:
Barry Still, agent for applicant: Stated that he did not agree with condition of
approval number 2 and would like to have it removed.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
COMMISSIONER KETSCHER MOVED TO AMEND the mam motion to
strike condition of approval number 2.
COMMISSIONER MCMURRY SECONDED the motion.
The question was called and the amendment CARRIED by unanimous roll call
vote.
The question was called, and the amended main motion CARRIED by unanimous
roll call vote.
C)
Case 03-016. Request for a rezone, in accordance with KIBC 17.72.030 (Manner
of Initiation), of Larsen Bay, Tract A, Block 19, Lot 4 from RI-Single Family
Residential to B-Business.
STAFF indicated twelve (12) public hearing notices were distributed for this case
with one (1) being returned opposing this request. Staff stated that a site visit had
been completed for this case and the other Larsen Bay rezone requests and
recommended that this case be postponed.
COMMISSIONER BOEHLAND MOVED TO postpone the rezoning of Larsen
Bay, Tract A, Block 19, Lot 4 from RI-Single Family Residential to B-Business
until such time as the Planning & Zoning Commission has completed a review of
the Larsen Bay Comprehensive Plan and made appropriate findings and
recommendations related to same.
The motion was SECONDED by COMMISSIONER OSWALT.
Regular session closed.
Public hearing opened:
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Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
D) Case 03-018. Request for a rezone, in accordance with KIBC 17.72.030 (Manner
of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from RI-Single Family
Residential to B-Business.
STAFF indicated ten (10) public hearing notices were mailed for this case with
one (1) being returned supporting this request. Staff recommended postponement
of this request.
COMMISSIONER OSWALT MOVED TO postpone the rezoning of Larsen Bay,
Tract A, Block 16, Lot 10 from RI-Single Family Residential to B-Business until
such time as the Planning & Zoning Commission has completed a review of the
Larsen Bay Comprehensive Plan and made appropriate findings and
recommendations related to same.
The motion was SECONDED by COMMISSIONER KETSCHER.
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.
E) Case 03-017. Request for a conditional use permit, in accordance with KIBC
17.67, to allow the construction of an 18 foot by 100 foot addition to the southeast
side of the existing warehouse.
STAFF indicated that twenty-nine (29) public hearing notices were distributed for
this case with none being returned prior to the public hearing. Staff recommended
approval ofthis request subject to one (1) condition of approval.
COMMISSIONER OSWALT MOVED TO grant a request for a conditional use
permit, in accordance with KIBC 17.67 (Conditional Uses) of the Borough Code,
in order to allow an 18 by 100 foot addition to an existing 50 by 100 foot
warehouse (net mending) building located on Lot 6A-2, U.S. Survey 3098, which
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is located in the B--Business Zoning District; subject to the condition of approval
contained in the staff report dated August 5, 2003, and to adopt the findings
contained in that staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Conditional uses listed under KIBC Section 17.24.020 (Conditional Uses)
of the I-Industrial zoning district are specifically prohibited from
warehouse storage in a B-Business zone.
FINDINGS OF FACT
1. That the conditional use will preserve the value, spirit, character and
integrity ofthe surrounding area.
It appears that the proposed use will preserve the value, spirit, character, and
integrity of the surrounding area. A 68 by 100 foot warehouse building on a
21,963 square foot lot will not be detrimental to the surrounding properties. The
existing warehouse has been located on the site for many years and has not created
any traffic and/or zoning concerns. The additional 18 by 100 foot additions
represents the expansion of a previously existing use which can be accommodated
by the site and which will not substantially increase the activity level related to the
site.
2. That the conditional use fulfills all other requirements of this chapter
pertaining to the conditional use in question.
Based on a review of the site plan, the proposed warehouse will fulfill all other
requirements of the B-- Business zoning district such as height of structure, off-
street parking, etc. Adherence to the applicable performance standards (Section
17.21.050) of the B--Business zoning district during the zoning compliance and
building permit reviews will insure that this conditional use fulfills all other
requirements of the zoning district.
3. That granting the conditional use permit will not be harmful to the public
health, safety, convenience and comfort.
Granting of the conditional use permit for a warehouse will not be harmful to the
public health, safety, convenience or comfort. Adherence to the Uniform Building
Code and Uniform Fire Code regulations for commercial building construction
will ensure protection of the public health and safety. In addition, because a
warehouse is classified by the Code as a "permitted" industrial land use, it should
be clear that other industrial land uses are not permitted by this conditional use
permit when the warehouse is located in a B--Business zoning district. The
warehouse in this case is intended for permitted business uses only. Staff
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recommends a condition of approval to ensure that this point is clear, and to act as
a reminder to staffwhen future zoning compliance permits are being reviewed.
4. The sufficient setbacks, lot area, buffers or other safeguards are being
provided to meet the conditions listed in subsections A through C of this section.
The 21,963 square foot site contains sufficient lot area for the proposed
warehouse and required off-street parking. The B-Business does not have a
minimum lot area or width requirement, however there are certain performance
standards that will be addressed through the zoning compliance review process.
In addition, the petitioner is aware of the clear-zone and parking-zone
requirements associated with the adjoining Kodiak Municipal Airport.
The motion was SECONDED by COMMISSIONER KETSCHER.
Regular session closed.
Public hearing opened:
Harold Jones, agent for applicant: Presented himself for questions.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
F) Case S03-011. Case WITHDRAWN.
G) Case S03-012. Request for preliminary approval, in accordance with KIBC
16.40.060, of the subdivision of Lot 8, US Survey 3101 creating Lots 8A and 8B,
US Survey 3101 and vacating a 20 foot portion of Sharatin Road right of way and
dedicating a 30 foot portion of right of way along Sharatin Road.
STAFF indicated sixty-five (65) public hearing notices were distributed for this
request with none (0) being returned prior to the public hearing. Staff
recommended approval of this request subject to two (2) conditions of approval.
COMMISSI01\TER OS\VALT MOVED TO grant preliminary approval of
the subdivision of Lot 8, U.S. Survey 3101, creating Lots 8A and 8B, U.S.
Survey and vacating a 20-foot portion of Sharatin Road right-of-way and
dedicating a 30-foot portion of right-of-way along Sharatin Road.
The motion was SECONDED by COMMISSIONER BOEHLAND.
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Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regular session opened:
COMMISSIONER KETSCHER MOVED TO AMEND the motion to contain
the following language at the end: "subject to conditions of approval as contained
in the staff report dated August 12, 2003 and to adopt the findings contained in
that staff report."
CONDITIONS OF APPROVAL
1. Amend the language on the plat to eliminate the vacation of a twenty-foot
portion of the patent reserve for road and utilities over proposed Lots 8A and
8B.
2. Provide a gross and net lot area requirement for each lot created showing the
total lot area and the net lot area of each lot without the inclusion of the
remaining 20- foot patent reservation.
FINDINGS OF FACT
1. Subject to conditions of approval, 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 ofthe Borough Code.
3. This plat provides a subdivision of land that is consistent with adopted
Borough plans for this area.
COMMISSIONER MCMURRY SECONDED this motion.
The question was called on the amendment and CARRIED by unanimous roll
call vote.
The question was called on the amended mam motion and CARRIED by
unanimous roll call vote.
H)
Case S03-013. Request for preliminary approval, in accordance with KIBC
16.40.060, of the re-subdivision of Lots 8A and 8B-l, Block 5, Miller Point
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Alaska Subdivision creating Lots 8A-l and 8A-2, Block 5, Miller Point Alaska
Subdivision.
STAFF indicated that thirty-nine (39) public hearing notices were distributed for
this case with none (0) being returned prior to the public hearing. Staff
recommended approval ofthis request subject to three (3) conditions of approval.
COMMISSIONER MCMURRY MOVED TO grant preliminary approval
of the re-subdivision of Lots 8A and 8B-l, Block 5, Miller Point Alaska
Subdivision creating Lots 8A-l and 8A-2, Block 5 Miller Point Alaska
Subdivision, subject to the conditions of approval numbers 1 and 2 as
contained in the staff report dated August 12, 2003 and to adopt the
findings contained in the staff report as "Findings of Fact for this case.
CONDITIONS OF APPROVAL
1. Plat an electrical utility easement along the northern boundary of proposed
Lot 8A-2 to accommodate the utility service connections that serves
proposed Lot 8A-l. The easement shall be at least 10 feet in width along
the common boundary with Cliffside Road and at least 5 feet wide where
the easement intersects with proposed Lot 8A -1.
2. Relocate to a legal location the water and sewer service connections
crossing proposed Lot 8A-2, which serve proposed Lot 8A-I.
FINDINGS OF FACT
1. Subject to conditions of approval, 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 ofthe Borough Code.
3. This plat provides a replat of a tract of land that is consistent with adopted
Borough plans for this area.
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 four yeas to one nay.
Commissioner Boehland was the nay.
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VII. OLD BUSINESS
A) Set a date for a work session to discuss Larsen Bay goal setting, the Association of
Realtors request to review flagstem lots, and an Anton Larsen Community Plan.
COMMISSIONER KETSCHER MOVED TO discuss these items at a work
session on September 3, 2003.
COMMISSIONER OSWALT SECONDED the motion.
The question was called and carried by unanimous voice vote.
B) Set a date for a work session to discuss the appeals code.
The Commission decided to review questions for the Assembly, developed by
Commissioner Ketscher, at the August 27,2003 meeting and then schedule the
vote on forwarding the questions as an old business item on the September 3,
2003 regular meeting.
C) Discuss Commission attendance at the Board of Adjustment hearing August 21,
2003.
The Commission officially confirmed that Ms. Barbara Williams, former
Commissioner, would represent the Planning and Zoning Commission at the
Board of Adjustment hearing.
VIII. NEW BUSINESS
A) Review discussion of mobile home parks at the July 31, 2003 Assembly work
seSSIOn.
The Commission decided to add this item as an old business item to the
September 17, 2003 regular meeting.
IX. COMMUNICATIONS
A. Letter dated July 10, 2003 to Mr. Douglas Payelle from Martin Lydick regarding
letter of courtesy and advisory.
B. Letter dated July 15,2003 to John Chamberlain from Michelle R. Stearns
regarding letter of support for proposed homeport for the NOAA ship Oscar
Dyson in the Kodiak, Alaska area.
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c.
Letter dated July 16, 2003 to Fred Patterson from Duane Dvorak regarding case
S03-009, rescinding approval of Waiver Subdivision.
D.
Letter dated August 19, 2003 to Michelle Stearns from Dawn Black regarding
conversation of 8/18/03.
There were no further communications.
COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE RECEIPT of item
A through item D of Communications. The motion was SECONDED by
COMMISSIONER McMURRY, and CARRIED by unanimous voice vote.
X. REPORTS
A) Meeting schedule:
· August 27,2003 work session at 7:30pm in the KIB Assembly Chambers to
discuss the Womens Bay Comp Plan.
· September 3,2003 work session at 7:30pm in a room to be determined.
· September 10,2003 work session at 7:30 p.m. in the KIB Conference room.
· September 17, 2003 regular meeting at 7:30 p.m. in the Assembly Chambers.
There were no further reports.
COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE receipt of reports.
The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by
unanimous voice vote.
XI. AUDIENCE COMMENTS
Scott Arndt: Spoke regarding the mobile home park issue.
Casey Janz: Thanked the Commission for their hard work. Spoke regarding the appeals
process.
XII. COMMISSIONERS' COMMENTS
COMMISSIO~'ER OSWALT: Spoke regarding the mobile home park Issue and
direction from the Assembly.
COMMISSIONER BOEHLAND: Spoke regarding Case S03-013 and plat notes III
general.
COMMISSIONER MCMURRY: Spoke regarding Case S03-013 and Case SOI-012.
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COMMISSIONER KETSCHER: Complimented Commissioner Friend on his
performance as chair. Spoke regarding upcoming meetings. Addressed comments made
by audience member Scott Arndt.
COMMISSIONER FRIEND: Spoke regarding plat notes.
IX. ADJOURNMENT
CHAIR FRIEND ADJOURNED the regular meeting at 9:40p.m.
//
ATTEST
By:
[~'J ~.. Lt)J1:f2~
Erin Whipple, Secretary
Community Development Department
DATE APPROVED: September 17,2003.
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