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2004-11-17 Regular Meeting 1:- o. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING NOVEMBER 17,2004 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30p.m. by CHAIR FRIEND on November 17, 2004 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. Jerrol Friend - Chair Cheryl Boehland Casey J anz David King Dennis McMurry Reed Oswalt ~~ :R~: :05~ ~ BOROUGH CLERK'S OFFICE A quorum was established. Commissioners not present Gary Carver COMMISSIONER OSWALT MOVED TO EXCUSE Comm COMMISSIONER MCMURRY SECONDED the motion. The motion CARRIED by unanimous voice vote. III. APPROVAL OF AGENDA COMMISSIONER BOEHLAND 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 September 21, 2004 Planning and Zoning Commission special meeting as submitted. P & Z Minutes: November 17, 2004 Page 1 of8 II --- The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. COMMISSIONER JANZ MOVED TO APPROVE the minutes of the October 20,2004 Planning & Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER BOEHLAND, 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 S04-018. Request for preliminary plat review, in accordance with KillC 16.40, of the subdivision of Tract L, Russian Creek Alaska Subdivision, creating Lots 1 through 8, Russian Creek Alaska Subdivision. STAFF handed out additional materials for the Commission to review during his report. Staff reported that nineteen (19) public hearing notices were distributed for this case with none (0) being returned prior to the meeting. Staff recommended approval of this request. COMMISSIONER OSWALT MOVED TO grant preliminary approval to Case S04-018, subdividing Tract L, Russian Creek Alaska Subdivision and creating Lots 1, 2 and 3, Russian Creek Alaska Subdivision, subject to conditions of approval and to adopt the findings in this staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The two dwellings on Tract L (described as a "house" and "cabin") must be brought into compliance with KIB and ADEC requirements for septic installation and potable water prior to final plat approval. These two dwellings must also be brought into compliance with zoning and building codes prior to final plat approval. 2. Obtain a wetlands determination from the U.S. Army Corps of Engineers in order to determine the development potential of the proposed lots and to determine the location and size of permissible septic system development areas on each lot proposed in the subdivision. 3. Engineering and soils testing, by an engineer registered to practice in the State of Alaska, is required for Lots 1, 2 and 3 prior to final plat approval documenting that this subdivision design can meet ADEC requirements for P & Z Minutes: November 17,2004 Page 2 of8 onsite well and septic systems that may adequately support commercial or multifamily residential uses. 4. Place a note in the final plat stating: "No fill is permitted in wetlands identified by the U.S. Army Corps of Engineers without written authorization from the U.S. Army Corps of Engineers. 5. Provide an appropriate name for the subdivision that does not duplicate an existing subdivision name. 6. Indicate on the final plat that the flagstem is a utility easement. 7. In accordance with KIBC 16.40.050.B.3.a.i, place a note on the plat which prohibits future subdivision of the flag lot unless the subdivision design conforms to KIBC 16.40.050.B.3.a.ii, or a dedicated right-of-way is provided in accordance with the applicable borough codes. FINDINGS OF FACT 1. Subject to conditions of approval, this plat can meet the mInImUm standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. Subject to conditions of approval, this plat can meet the mInImUm requirements of Title 17 of the Borough Code. 3. Subject to conditions of approval, this plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The motion was SECONDED by COMMISSIONER KING. 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 04-011. Request for a variance, in accordance with KIBC 17.66.020, on Lot 9B Russian Creek Alaska Subdivision to allow a 5.5-foot encroachment into the 25-foot front yard setback for the purpose of a 13.5-foot by 16-foot addition to the front of the pre-existing single-family dwelling. P & Z Minutes: November 17, 2004 Page 3 of8 I I l II &" STAFF indicated twenty-one (21) public hearing notices were distributed for this case with none (0) being returned prior to the meeting. Staff recommended denial of this request. COMMISSIONER BOEHLAND MOVED TO grant a variance from KIBC 17.17.050.A.1, in accordance with KIBC 17.66 (Variances), to permit a 13.5 by 16 foot addition to a single-family dwelling to encroach no more than 5.5 feet into the required 25 foot front yard setback on Lot 9B, Russian Creek Alaska Subdivision. 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. There are no physical circumstances applicable to the property which does not apply generally to other lots in the RR1-Rural Residential One zoning district. Staffs investigation indicates that Lot 9B, Russian Creek Alaska Subdivision is in many ways superior to other lots in the vicinity in terms of size, shape, topography and soils conditions. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the 25-foot minimum front yard setback requirement would not result in practical difficulties because the lot has adequate room to sustain an 8 by 16 foot addition in the same location. In addition, the lot offers other conforming alternative areas, which could permit significant additions to the single- family dwelling without encroaching into the required yard setbacks of the RR1-Rural Residential One 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 13.5 by 16 foot addition to encroach 5.5 feet into the required 25-foot front yard setback would not be detrimental to the public's health, safety and welfare, provided that the structure can pass the required building inspections that would normally be required during construction. Granting the variance could prejudice other properties in the RR 1- Rural Residential zoning district if the variance is granted in the absence of compelling circumstances as referenced in finding # 1 above. P & Z Minutes: November 17, 2004 Page 4 of8 - 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 setbacks. 17.66.050 AS. 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 caused the special conditions for which relief is now being sought by variance. The 13.5 by 16 foot addition was constructed without benefit of zoning compliance or building permits which would have brought the 25 foot front yard setback to the attention of the applicant before the addition was constructed, thereby eliminating any perception of self- created hardship. The intent of the KIB variance standards, and the applicable Alaska Statutes upon which they are based, is to require the adjudication of variance requests before the property owner undertakes construction activity and significant investments. 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 RR1- Rural Residential One zoning district. The motion was SECONDED by COMMISSIONER MCMURRY. Regular session closed. Public hearing opened: Dennis Cox. applicant: Spoke in support of his request. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED, four yeas to two nays by roll call vote. Commissioners Boehland and Friend were the nays. C) Case 04-012. Request for a rezone, in accordance with KIB Code Section 17.72.030 (Manner of initiation), of Lot 21, Seaview Subdivision, changing the zoning from I-Industrial to B-Business. P & Z Minutes: November 17,2004 Page 5 of8 i i l I - STAFF indicated four (4) public hearing notices were distributed for this case with none (0) being returned. Staff recommended approval of this request. COMMISSIONER OSW AL T MOVED TO recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 21, Seaview Subdivison from 1- Industrial to B-Business, and to adopt the "Findings of Fact" in the staff report dated November 10,2004, in support of this recommendation. The motion was SECONDED by COMMISSIONER KING. 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. VIII. OLD BUSINESS A) Appeal 04-009. An APPEAL of an administrative decision, per KIBC 17.90.020A, issuing notice of violation to the owners of Bells Flats Subdivision, Block 7, Lot 17 for violation ofKIBC 17.03.020, 17.03.060, and 17.03.080. (Postponed from October, 2004) Staff reported that a letter had been received from the applicant requesting withdrawal of the appeal. B) Chiniak Background Report - Town Meeting Review IX. NEW BUSINESS There was no new business. X. COMMUNICATIONS A) New Assembly Roster B) US Army Engineer Fall 2004 Fact Sheet - Kodiak Update. C) Letter dated November 2, 2004 to Todd and Cecile Hiner from Michelle R. Steams regarding notice of denial. P & Z Minutes: November 17,2004 Page 6 of 8 -- D) Meeting Minutes from meeting #2 of the Kodiak Municipal Airports System Plan Technical Advisory Committee. E) Letter dated November 8, 2004 to Pamela Hummell from Martin Lydick regarding letter of courtesy and advisory. There were no further communications. COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE RECEIPT of item A through item E of Communications. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XI. REPORTS A) Meeting schedule: · December 8,2004 work session at 7:30 p.m. in the KIB Conference room. · December 15,2004 regular meeting at 7:30 p.m. in the Assembly Chambers. B) The Commissioner decided to meet December 1, 2004 at 7:00pm to discuss Mobile Home Parks. C) Commissioner McMurry reported on the Municipal Airport meeting. There were no further reports. COMMISSIONER JANZ MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS Ed Gondeck: Spoke regarding Appeal 04-009 and thanked the Commission for its time. XIII. COMMISSIONERS' COMMENTS COMMISSIONER OSWALT: Congratulated Commissioner McMurry on his election to the Kodiak City Council. COMMISSIONER FRIEND: Congratulated Commissioner McMurry on his election to the Kodiak City Council. Spoke regarding the benefits of the being on both the City Council and Planning & Zoning Commission. COMMISSIONER MCMURRY: Thanked everyone. P & Z Minutes: November 17,2004 Page 7 0[8 I i I l Iii .r IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 8:21 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZON G MMISSION ATTEST By: \'.Qhe&o. c9m L~ em f.AU\ W-\L ~' Erin Whipple, Secretary Community Development Department DATE APPROVED: December 15,2004. P & Z Minutes: November 17, 2004 Page 8 of8