2004-12-15 Regular Meeting
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING DECEMBER 15,2004
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 FRIEND on December 15, 2004 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Others Present
Duane Dvorak, Acting Director
Community Development Dept.
Erin Whipple, Secretary
Community Development Dept.
Jerrol Friend - Chair
Cheryl Boehland
Casey J anz
David King
Dennis McMurry
Reed Oswalt
Commissioners not present
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BOROUGH CLERK'S OFFICE
A quorum was established.
Gary Carver
COMMISSIONER JANZ MOVED TO EXCUSE Commissioner Carver.
COMMISSIONER MCMURRY SECONDED the motion.
The motion CARRIED by unanimous voice vote.
III. APPROVAL OF AGENDA
COMMISSIONER KING MOVED TO APPROVE the agenda as presented. The
motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous
voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER BOEHLAND MOVED TO APPROVE the minutes of the
November 17, 2005 Planning and Zoning Commission regular meeting as submitted. The
P & Z Minutes: December 15,2004
Page 1 of 10
motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by
unanimous voice vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VII. PUBLIC HEARINGS
A) Case 04-013. Request for a similar use determination, in accordance with KIBC
17.03.090.A, and a conditional use permit, in accordance with KIBC 17.67.020.B,
to allow a soil remediation facility on Lot 6, Seaview Subdivision.
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STAFF reported five public hearing notices were distributed for this case with two
(2) being returned expressing concerns. Staff clarified that there were two
requests, a similar use determination and a conditional use permit. Staff
recommended approval of both requests but recommended removal of condition
number three for the conditional use permit since no fill was intended for use in
-- . -!fli~ p~an.
un:'!! ~.;d9~is1IONER KING MOVED TO grant a similar use determination
in accord~ce with KIBC 17.03.090, to permit a soil remediation facility
dh Lot 6,: Beaview Subdivision, as a use similar in terms of character and
impact to~he conditional use specified in KIBC 17.24.020.F for petroleum
o"f"ellaxnniable liquid production, refining or storage, subject to any
conditions determined to be appropriate through the conditional use
process provided by KIBC 17.67 Conditional Use Permits, and to adopt
the findings in the staff report dated December 8, 2004 in support of this
determination.
FINDINGS
1. The proposed soil remediation use is similar in terms of the character
and impact to a "petroleum production, refining or storage" use as
provided in KIBC 17.24.020.F, because both processes are used to
convert petroleum products from one form into another through the
application of high temperatures, both uses involve the storage of
petroleum products onsite, both uses have similar emissions and both
uses are generally subject to ADEC regulations subject to certain
variations based upon the scale of the use.
The motion was SECONDED by COMMISSIONER BOEHLAND.
Regular session closed.
Public Hearing opened:
P & Z Minutes: December 15, 2004
Page 2 of 10
Nancy Wells, Womens Bay Resident: Expressed concerns over this request.
Kevin Arndt, Applicant's Agent: Spoke in favor of the request and presented
himself for questions.
COMMISSIONER MCMURRY MOVED TO POSTPONE this case until the
January 19, 2005 regular meeting and requested that the Coast Guard be notified
of this request.
COMMISSIONER JANZ SECONDED the motion.
The question was called and carried by unanimous roll call vote.
B) Case 04-014. Request for a variance, in accordance with KIBC 17.66.020, to
permit a lot width less than 60 feet (minimum lot width, KIBC 17.18.040.B) on
proposed Lot 5B, Leite Addition (as required in condition of approval #1,
Subdivision Case S04-008.
STAFF indicated one hundred fifteen (115) public hearing notices were
distributed for this case with one (1) being returned in favor of the request. Staff
believed that the request did not meet all of the conditions necessary, as reflected
in the findings of fact, for a variance to be granted under Chapter 17.66 (Variance)
of the Borough Code and recommended denial.
COMMISSIONER OSWALT MOVED TO grant a variance from KIBC
17.18.040 Area requirements (B). Lot width, in accordance with KIBC 17.66
(Variances), to permit a non-specific dimensional variance for proposed Lots 5B
and proposed lot 16A-1, Block 2 Leite Addition, as depicted on the preliminary
plat for the vacation of Lots 5A-1 & 16-A approved May 19th, 2004; and to adopt
the Findings of Fact contained in the Staff Report dated November 22od, 2004, as
Findings of Fact for Case 04-014.
The motion was SECONDED by COMMISSIONER KING.
Regular session closed.
Public hearing opened:
Jerimiah Myers, applicant: Provided the history of this lot leading to the variance
request.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
P & Z Minutes: December 15,2004
Page 3 of 10
The question was called, and the motion CARRIED five yeas to one nay by roll
call vote. Commissioner Boehland was the nay.
Staff pointed out that the Commission needed to modify the original findings of
fact to support their decision.
COMMISSIONER KING MOVED TO ADOPT findings of fact in the staff
report dated November 22,2004 as amended.
FINDINGS OF FACT
17.66.050 A.1.Exceptional 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.
The subject property is located in an older area of the community
that was originally subdivided under standards that are no longer
consistent with current subdivision and zoning standards. While
the proposed lots do not comply with the lot width requirements of
the R 1-Single- family Residential zoning district, the lots are
approximately 9,500 square feet in area, which is substantially
larger than the existing 7,200 square foot minimum lot area. This
lot area compensates for the unusual lot shapes that will result from
the subdivision granted preliminary approval under Subdivision
Case S04-008.
17.66.050 A.2.Strict application of the zoning ordinances would result in practical
difficulties or unnecessary hardships.
The property owner is attempting to settle a domestic settlement
order through the subdivision of this property. The inability to
subdivide this property will result in practical difficulties for the
petitioner. In addition, the variance will avoid unnecessary
hardships because the lots are both approximately 9,500 square feet
in area which is adequate to support single-family residential
development because the lots are substantially larger than the
minimum 7,200 square foot requirement for lots in the R1-Single-
family Residential zoning district.
17.66.050 A.3.The granting of the variance will not result in material damages or
preiudice to other properties in the vicinity nor be detrimental to the public's
health, safety and welfare.
Granting the variance to permit a substandard lot width would not
be detrimental to the public's health, safety and welfare, provided
P & Z Minutes: December 15, 2004
Page 4 of 10
that the structure can pass the required building inspections that
would normally be required during construction.
17.66.050 A4.The granting of the variance will not be contrary to the objectives
of the Comprehensive Plan.
The Comprehensive Plan is a general policy guide, which does not
address site-specific standards such as lot configuration.
17.66.050 AS. Those actions of the applicant did not cause special conditions or
financial hardship or inconvenience from which relief is being sought bv a
varIance.
The actions of the applicant have not caused special conditions or
financial hardship or inconvenience from which relief is being
sought by variance. While the petitioner has precipitated a
situation requiring variance review by offering to subdivide the
property in a non-complying manner, as opposed to other options
available, such as selling the property and dividing the proceeds to
satisfy the domestic settlement order. Nevertheless, the conditions
of the subdivision preliminary approval actually preclude the
petitioner from creating the special conditions from which relief is
sought by variance. The Commission will decide the merits of the
variance before the conditions sought by the variance will be
allowed to go forward to the conclusion of the re-platting process
initiated under Subdivision Case S04-00S.
17.66.050 A6. That the granting of the variance will not permit a prohibited land
use in the district involved.
The granting of the variance will not permit a prohibited land use
in the R-l Single Family Residential Zoning District.
COMMISSIONER MCMURRY SECONDED the motion.
The question was called and the motion carried by unanimous roll call vote.
C) Case S04-020. Request for preliminary approval, in accordance with KIBC
16.40, of the replat of Lot 2A-IA-l, portion of Lot 3 and Lot SA-I, Block 5,
Miller Point Alaska Subdivision, creating Lot 3A, Block 3A, Miller Point Alaska
Subdivision.
STAFF indicated fifty (50) public hearing notices were distributed for this case
with one (1) being returned supporting the request and two returned expressing
concern. Staff recommended approval of this request.
COMMISSIONER JANZ MOVED TO grant preliminary approval to the replat
of Lot 2A-IA-l, Lot 3 and Lot SA-I, Block 5, Miller Point Alaska Subdivision
P & Z Minutes: December 15,2004
Page 5 of 10
creating Lot 3A, Block 5, Miller Point Alaska Subdivision, subject to the
conditions of approval contained in the staff report dated December 8, 2004, and
to adopt the findings in that staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Place a note on the final plat restricting vehicular access to East Rezanof
Drive.
2. Place a note on the final plat indicating that this is a reversion to acreage.
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 of the Borough Code.
The motion was SECONDED by COMMISSIONER OSWALT.
Regular session closed.
Public hearing opened:
Scott Arndt. Applicant's Agent: Asked that condition of approval # 1 be
removed.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
COMMISSIONER MCMURRY MOVED TO AMEND the main motion to
remove condition of approval # 1.
COMMISSIONER OSWALT 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.
D) Case 04-016. Request for a rezone per KIBC 17.72, of Lot 8A-l, Block 5, Miller
Point Subdivision, from R2- Two-family Residential to PL-Public Use Land.
P & Z Minutes: December 15, 2004
Page 6 of 10
STAFF indicated fifty (50) public hearing notices were mailed for this case with
one (1) returned in favor and one (1) returned expressing concerns.
COMMISSIONER OSWALT MOVED TO recommend that the Kodiak Island
Borough Assembly approve a rezone, in accordance with Section 17.72.030.C
(Manner of Initiation) of the Borough Code, of Lot 8A-I, Block 5, Miller Point
Alaska Subdivision, from R2--Two-family Residential to PL--Public Use Land;
subject to one (1) condition of approval; and to adopt the findings contained in the
staff report dated December 8,2004, as "Findings of Fact" for this case.
CONDITIONS OF APPRO V AL
1. The rezone of Lot 8A-I will become effective upon the recordation of a
plat consolidating Lot 8A-I with adjoining Lots 3 and 2A-IA-I, per
related Case S04-020.
FINDINGS OF FACT
1. Findings as to the Need and Justification for a change or Amendment.
The rezone of Lot 8A-I, Block 5, Miller Point Alaska Subdivision from
R2-- Two- family Residential to PL-- Public Use Land is necessary and
justified because the PL--Public Use Land zoning district permits
development that:
A. is intended for government owned land;
B. is necessary to facilitate the provision of government services;
C. will create a temporary nonconforming land use, however that will
be rectified once a new zoning compliance permit is issued for the
site.
D. is consistent with the fire station development existing on
adjoining Lots 3 and 2A-IA-I.
E. will not significantly impact the traffic volume or patterns of the
area.
2. Findings as to the Effect a Change or Amendment would have on the
Obiectives of the Comprehensive Plan.
The 1968 comprehensive plan identifies this area for Medium Density
Residential. The comprehensive plan is not relevant to this request,
P & Z Minutes: December 15, 2004
Page 7 of 10
however, due to the unique nature of the PL--Public Use Land zoning
district. The PL--Public Use Land zoning district is intended for land that
is owned by local, state and federal governments. This zone is intended to
support the provision of government services and therefore can be
appropriate near residential and nomesidential zoning districts.
The motion was SECONDED by COMMISSIONER MCMURRY.
COMMISSIONER OSWALT MOVED TO AMEND the motion to change the
wording of "condition of approval" to "effective clause".
COMMISSIONER KING SECONDED the motion.
The question was called on the amendment and carried by unanimous roll call
vote.
Regular session closed.
Public hearing opened:
Scott Arndt, Applicant's Agent: Spoke in support of the request.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called on the amended mam motion and CARRIED by
unanimous roll call vote.
VIII. OLD BUSINESS
There was no old business.
IX. NEW BUSINESS
There was no new business.
X. COMMUNICATIONS
A) Letter dated November 22, 2004 to Mr. & Mrs. Glenn Mathes from Martin Lydick,
Associate Planner, regarding P&Z Appeal Case No. 04-009.
B) Letter dated November 24, 2004 to Ms. Logan Crane from Martin Lydick, Associate
Planner, regarding Island Vista Subdivision, Block 3, Lot 3.
P & Z Minutes: December 15, 2004
Page 8 of 10
There were no further communications.
COMMISSIONER MCMURRY MOVED TO ACKNOWLEDGE RECEIPT of item
A through item B of Communications. The motion was SECONDED by
COMMISSIONER JANZ, and CARRIED by unanimous voice vote.
XI. REPORTS
A) Staff reported that the Commission had received an invitation to meet with the
Assembly at their December 30th worksession. Staff requested confirmation from the
Commissioners on their attendance.
B) STAFF reported the following meeting schedule:
Meeting schedule:
. January 12, 2005 special work session to discuss Coastal Zone
Management Plan update, 6:30pm in the Kill Conference room.
. January 12, 2005 packet review at 7:30 p.m. in the Kill Conference room.
. January 19, 2005 regular meeting at 7:30 p.m. in the Assembly Chambers.
There were no further reports.
COMMISSIONER BOEHLAND MOVED TO ACKNOWLEDGE receipt of reports.
The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by
unanimous voice vote.
XII. AUDIENCE COMMENTS
Scott Arndt: Thanked the Commissioners.
Rob Lindsey: Thanked the Commissioners for their time and wished them a Merry
Christmas.
XIII. COMMISSIONERS' COMMENTS
COMMISSIONER BOEHLAND: Stated that she had enjoyed her most recent term on
the Commission.
COMMISSIONER KING: Wished everyone a Merry Christmas.
COMMISSIONER JANZ: Stated she was glad to have had the opportunity to work with
Cheryl. Wished everyone a Merry Christmas and Happy New Year.
P & Z Minutes: December 15,2004
Page 9 of 10
COMMISSIONER MCMURRY: Wished everyone a Merry Christmas and a Happy New
Year.
COMMISSIONER OSWALT: Wished everyone happy holidays.
COMMISSIONER FRIEND: Thanked Cheryl for her time and wished everyone a Merry
Christmas.
IX. ADJOURNMENT
CHAIR FRIEND ADJOURNED the regular meeting at 9: 15 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING C ISSION
By:
ATTEST
BY:~P10oc9rnL]Yl bO! E)lLKl L.O~
Erin Whipple, Secretary 'U
Community Development Department
DATE APPROVED: January 19, 2005.
P & Z Minutes: December 15, 2004
Page 10 of 10
