2000-09-20 Regular Meeting
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING -SEPTEMBER 20, 2000
MINUTES
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I.
CALL TO ORDER
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The regular meeting of the Planning and Zoning Commission was called to order at 7:30
p.m. by VICE-CHAIR HIMES on September 20, 2000 in the Borough Assembly
Chambers.
II. ROLL CALL
Commissioners Present
Others Present
Bob Scholze, Associate Planner
Community Development Dept.
Jennifer Smith, Secretary
Community Development Dept.
Donna Bell
Robert Lindsey
Reed Oswalt
Greg Razo
Walter Stewart
Bob Himes-Vice Chair
A quorum was established.
Commissioners not present
Clarence Selig
COMMISSIONER STEWART MOVED TO EXCUSE COMMISSIONER SELIG from
the regular meeting. The motion was SECONDED by COMMISSIONER LINDSEY,
and CARRIED by unanimous voice vote.
III. APPROVAL OF AGENDA
COMMISSONIER RAZO MOVED TO APPROVE the agenda as presented. The
motion was SECONDED by COMMISSIONER STEWART, and CARRIED by
unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER RAZO MOVED TO APPROVE the minutes of August 16,2000
Planning and Zoning Commission regular meeting as submitted. The motion was
SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice
vote.
P & Z Minutes: September 20.2000
Page I of JO
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case 00-011. Request for a rezone, in accordance with KIBC Section 17.72.030
C. (Manner ofInitiation), of Lots lA - 12B, Block 1, and Lots 1 - 6, and Lots 19 -
24, Block 2, and Lots 1 - 8, Block 3, Island Lake Subdivision; and Lots 7 A, 7B,
7C, and 8, Block I, Miller Point Subdivision 1 sl Addition from RI-Single Family
Residential to R2- Two Family Residential. Generally located along Island Lake
Road, Arctic Tern Street, Kittiwake Street, and Ptarmigan Pass Street.
(Postponed from the May 17,2000 and July 19, 2000 regular meeting).
BOB SCHOLZE indicated one hundred ten (110) public hearing notices mailed
on three different occasions for this request with two being returned expressing
opposition to the case, and two being returned in support of rezone request. One
public hearing notice expressed opposition to rezone the area to include Lilly
Drive and Anton Way. Staff indicated that request does not propose a rezone in
this area but it was encompassed only for the public hearing notice. Staff
recommended denial of this request due to prevalence of substandard lots and
roads. Subsequently there was discussion to rezone only the larger lots along
Island Lake in Block 1, as is suggested by staff in the background information
given in the revised summary statement dated August 24, 2000.
COMMISSIONER STEWART MOVED TO RECOMMEND to the Kodiak
Island Borough Assembly to approve the rezoning of Lots lA-12B, Block 1, and
Lots 1-6, and Lots 19-24, Block 2, and Lots 1-8, Block 3, Island Lake
Subdivision; and Lots 7 A, 7B, 7C, and 8, Block 1, Miller Point Subdivision 1 sl
Addition from RI-Single Family Residential to R2- Two Family Residential.
The motion was SECONDED by COMMISSIONER RAZO.
Regular session closed.
Public hearing opened:
Janice Ure, property owner: Ms. Ure expressed concern with inadequate street and
lot widths, along with an increase in population density if the rezone is approved.
Ms. Ure further expressed concern with the lack of public access to the shores of
Island Lake using the public R.O.W. (Kittiwake Street between Lot 6 & 7, Block
1, Island Lake Subdivision) that is currently blocked by a mobile home. Ms. Ure
suggested the Commission consider rezoning the whole area surrounding the Lake
including her lot instead of only the area requested.
P & Z Minutes: September 20.2000
Page 2 of 10
Barbara Williams, property owner: Ms. Williams expressed opposItIon to the
rezone request and encourage the Commission to deny the request.
T.M. Sweeney, applicant: Mr. Sweeney urged the Commission to approve the
rezone for the benefit of the whole neighborhood. He indicated the Island Lake
Comprehensive Plan is out-dated and suggested that the Comprehensive Plan be
updated. He believed that existing structures would not comply with any of the
R2 zoning requirements.
Lorna-Lee Arndt, property owner: Ms. Arndt is against spot zoning which she felt
that the Island Lake area is and fells rezoning would eliminate the spot zoning.
She further expressed that the street and lot requirements were not a problem, but
would like the word "Road" and "Street" be removed from the road names. She
urged the Commission to approve the rezone request.
T. M. Sweeney, applicant: Mr. Sweeney clarified that zoning violation against
him is "alleged", and that the rezone request was not a "quick fix".
Barbara Williams, property owner: Ms. Williams, a member of the Island Lake
Task Force, stated that the issue of public access to the lake was very important to
get established, and that she would like to have foot access to the lake remain.
Hearing and seeing none further.
Public hearing closed.
Regular session opened:
COMMISSIONER BELL commented that people who were concerned with the
rezone request should have attended the worksessions held prior to the regular
meeting where this was discussed instead of people coming forward now and
expressing anger towards the Commission.
COMMISSIONER RAZO commented that this area zoned RI does stick out and
is not consistent with the current R2 zoning surrounding the request area. He
agreed that lot sizes, and road standards are inadequate but feels that the property
owners are allowed to use their property to full potential particularly with the lots
amendable to R2 zoning surrounding the lake. COMMISSIONER RAZO further
expressed that safeguards against population density are met because of the
parking requirements needed for R2 zoning.
COMMISSIONER LINDSEY expressed that he is in favor of the rezone request,
and, if approved by the Assembly, feels this will eliminate spot zoning in area.
The question was called, and the motion CARRIED by unanimous roll call vote.
P & Z Minutes: September 20. 2000
Page 3 of 10
COMMISSIONER STEWART MOVED TO POSTPONE the adoption of the
findings of fact until the next regular meeting.
The motion was SECONDED by COMMISSONER RAZO.
The question was called, and the motion CARRIED by unanimous roll call vote.
B) Case SOO-013. Request for preliminary approval of the vacation of Lot 9A and
Lot 9B-l, Block 1, Southeast Addition, creating Lot 9C, Block 1, Southeast
Addition; and dedication of additional right-of-way to Father Herman Street.
1216A and 1216B Father Herman Street.
BOB SCHOLZE indicated forty-four (44) public hearing notices were mailed for
this case with none being returned. Staff recommends approval of the request.
COMMISSIONER BELL MOVE TO GRANT preliminary approval to the
vacation of Lot 9A and Lot 9B-l, Block 1, Southeast Addition, creating Lot 9C,
Block 1, Southeast Addition; and dedication of additional right-of-way to Father
Herman Street, as shown on the revised preliminary plat received August 17,
2000; and to adopt the findings contained in the staff report dated August 14,
2000, as "Findings of Fact" for this case.
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 ofthe Borough Code.
3. This replat provides for dedication of right-of-way that will remedy the
encroachment of Father Herman Street, as well as some public utilities,
onto Lots 9A and 9B-l.
The motion was SECONDED by COMMISSIONER STEWART.
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.
P & Z Minutes: September 20. 2000
Page 4 of 10
C) Case 00-023. Request for a variance, in accordance with KIB Code Section
17.17.060 (Building Height Limit), to permit an eighty (80) foot high television
tower to be erected for non-commercial use on Lot 7, Block 8, Monashka Bay
Subdivision. 2519 Lakeview Drive.
BOB SCHOLZE indicated eighteen (18) public hearing notices were mailed for
this case, and one was returned expressing opposition, and another returned
raising questions and concerns regarding the proposed tower. Staff believes that
this request meets all 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,
subject to two (2) conditions of approval.
COMMISSIONER STEWART MOVED TO GRANT approval for a variance,
in accordance with KIB Code Section 17.17.060 (Building Height Limit), to
permit an eighty (80) foot high television tower to be erected for non-commercial
use on Lot 7, Block 8, MonashkaBay Subdivision subject to two (2) conditions of
approval contained in the revised summary statement dated September 19, 2000;
and to adopt the findings in the staff report dated August 21, 2000, as "Findings of
Fact" for this case.
CONDITIONS OF APPROVAL
1. The antenna can be used only for non-commercial purposes related to the
residential use of the property. Transmission, retransmission, networking
or, co-location having commercial application are not permitted from this
tower.
2. Issuance of a building pennit is required to insure compliance with UBC
specifications for wind, snow, and ice loads.
FINDINGS OF FACT
17.66.050 A.I.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.
According to the application narrative, topographical interference caused by a
knoll south of Lot 7 allegedly prevents reception on the property utilizing only a
thirty-five (35) foot high antenna for local ARCS and PBS television
programming originating from transmitters in town.
17.66.050 A.2.Strict application oHhe zoning ordinances would result in practical
difficulties or unnecessary hardships.
According to the applicant, a tower height restriction of thirty-five (35) feet would
have the effect of denying him enjoyment of the entertainment and educational
P & Z Minutes: September 20. 2000
Page 5 of 10
benefits of modem communication technology available to other residences in the
general Kodiak area.
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.
All properties surrounding Lot 7 are vacant. Since the nearest residence is a few
hundred yards away, this height variance will most likely not result in material
damages or prejudice to properties in the vicinity. The tower will be used for
residential, personal use television signal reception only, not transmission,
retransmission, networking, or co-location. At eighty (80) feet, the height of the
tower will be comparably to the height of many trees in the area. Therefore, air
traffic safety will not be compromised. The FAA has indicated that there area no
restrictions for a tower of this height located in this area, as this is well away from
airports and air traffic patterns. Compliance is required with applicable building
codes addressing wind, snow, and ice loading.
17.66.050 AA.The granting of the variance will not be contrary to the objectives
of the Comprehensive Plan.
The antenna will serve only residential use, consistent with the RRI-Rural
Residential One zoning of the property, and with the objectives of the Borough
Comprehensive Plan.
17.66.050 A.5.That actions of the applicant did not cause special conditions or
financial hardship from which relief is being sought by the variance.
No action of the applicant caused special conditions or financial hardship. The
tower has not yet been constructed.
17.66.050 A.6. That the granting of the variance will not permit a prohibited land
use in the district involved.
Granting of the variance will not permit a prohibited land use since non-
commercial use of the antenna tower will be subsidiary to the residential use of
the property.
The motion was SECONDED by COMMISSIONER OSWALT.
Regular session closed.
Public heating opened:
Mike Waller, applicant: Mr. Waller commented that tower will be out of the line
of sight, and expressed that trees would be kept on his adjacent lot to obscure any
site of tower. Mr. Waller explained that the tower is a standard Rohm tower
supported by three 18' legs supported by three 65' guy anchors which is
consistent as being an ordinary "HAM" or "CB" tower. The transmission would
be none; the tower will only be used for receiving signals.
P & Z Minutes: September 20. 2000
Page 6 of 10
Hearing and seeing none further.
Public hearing closed.
Regular session opened:
COMMISSIONER LINDSEY appreciated Mr. Waller for being available long-
distance during the worksession for questions and comments by the Commission.
The question was called, and the motion CARRIED by unanimous roll call vote.
D) Case SOO-015. Request for a preliminary approval of the vacation of the easterly
five (5) foot wide portion ofthe ten (10) foot wide utility easement located on Lot
24A, Block 1, Aleutian Homes Subdivision. 512 Hillside Drive.
BOB SCHOLZE indicated thirty (30) public hearing notices were mailed for this
case with none being returned. Staff recommended approval of this request
subject to one (1) condition of approval.
COMMISSIONER RAZO MOVED TO GRANT preliminary approval to the
vacation of the easterly five (5) foot wide portion of the ten (10) foot wide utility
easement located on Lot 24A, Block 1, Aleutian Homes Subdivision, subject to
one (1) condition of approval contained in the staff report dated August 22, 2000,
and to adopt the findings in that staff report as "Findings of Fact" for this case.
CONDITION OF APPROVAL
1. This vacation must be approved by the Kodiak City Council as prescribed
by Section 16.60.060.A of the Borough code.
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 ofthe Borough Code.
3. The vacation of a five (5) foot portion of this ten (10) foot wide utility
easement win not adversely affect the ability of utility companies to
provide adequate service to the public in this area.
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
P & Z Minutes: September 20. 2000
Page 7 of 10
Paula Brogdon, agent: Ms. Brogdon expressed that request was submitted due to
no financing available for future buyers on the sale of the house if the vacation
was not done. Ms. Brogdon further indicated that KEA told her that there were no
active utility lines located in easement with no future need for utilities to be
located at vacated utility easement site.
Hearing and seeing none further.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
VII. OLD BUSINESS
There was no old business.
VIII. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
A)
B)
C)
D)
Letter dated August 25, 2000 to Richard Gonzales, THIS CORPORATION from
Linda Freed, Community Development Director, regarding Sitkinak placer
mining operations.
Letter dated August 29, 2000 to Brent Petrie, Alaska Village Hydroelectric
Cooperative from Linda Freed, Community Development Director, regarding Old
Harbor hydroelectric project.
Minutes from the Womens Bay Area Plan public scoping meeting held on May
30, 2000.
Letter dated September 14,2000 to John Zbitnoff, Aleutian Materials, from Dave
Jensen, Borough Manager, regarding Tracts B-1 and B-2, Bells Flats Subdivision.
There were no further communications.
COMMISSIONER BELL MOVED TO ACKNOWLEDGE RECEIPT of item A
through item D of communications. The motion was SECONDED by
COMMISSIONER STEWART, and CARRIED by unanimous voice vote.
COMMISSIONER LINDSEY noted that subject of letter D be made a high pnonty for
discussion. COMMISSIONER RAZO explained issue of letter D, which extended the lease of
Tracts B-1 and B-2, Bells Flats Subdivision. COMMISSIONER RAZO recommended that issue
be placed on agenda for the next meeting for further discussion. BOB SCHOLZE indicated that
P & Z Minutes: September 20,2000
Page 8 0 f 10
it was appropriate to include issue on the next agenda for discussion, and also indicated that issue
would be addressed during future scoping meetings for the Womens Bay Area Plan.
X. REPORTS
BOB SCHOLZE reported the following meeting schedule:
. October 4th=AP A audio training conference at 12:00 p.m. in the School District
conference room.
. October 4~ C-District work session at 7:30 p.m. in the Borough conference room.
. October 11 th= Packet review work session at 7:30 p.m. in the Borough conference
room.
. October 18th=Regular meeting at 7:30 p.m. in the Assembly Chambers.
Due to staff reduction, further work sessions on the Worn ens Bay Comprehensive Plan
Area will be postponed until November.
There were no further reports.
COMMISSIONER STEWART MOVED TO ACKNOWLEDGE receipt of reports.
The motion was SECONDED by COMMISSIONER RAZO, and CARRIED by
unanimous voice vote.
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
COMMISSIONER BELL encouraged public involvement and attend the Planning and
Zoning Commission work sessions held the preceding Wednesday every month.
COMMISSIONER STEWART thanked staff for support.
COMMISSIONER RAZO encouraged the public to get out to vote on October 3rd for the
municipal elections.
COMMISSIONER LINDSEY expressed that he is looking forward to future
worksessions/scoping meetings on the Womens Bay Area Plan.
COMMISSIONER STEWART encouraged the public if interested in issues addressed at
the last Womens Bay Area Plan scoping meeting to request the minutes that are available.
P & Z Minutes: September 20, 2000
Page 9 of 10
VICE-CHAIR HIMES wished Linda Freed the best at her new position as City Manager
with the City of Kodiak, and thanked everyone that attended the public hearing that
commented on requests.
XIII. ADJOURNMENT
VICE-CHAIR HIMES adjourned the regular meeting at 8:40 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
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ATTEST
DATE APPROVED: November 15,2000.
P & Z Minutes: September 20, 2000
Page 10 of 10
