2001-04-18 Regular Meeting
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING -APRIL 18, 2001
MINUTES
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I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:30
p.m. by CHAIR SELIG on April 18, 2001 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Others Present
Donna Bell
Robert Lindsey
Reed Oswalt
Walter Stewart
Tim Ward
Clarence Selig-Chair
Duane Dvorak, Director
Community Development Dept.
Martin Lydick, Associate Planner
Community Development Dept.
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A quorum was established.
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Commissioners not present
One Vacant Seat
MAY I T 2001
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III.
APPROVAL OF AGENDA
CHAIR SELIG requested any additions, changes, or deletions to the agenda.
DIRECTOR DVORAK requested additional communication items to be added to the
agenda.
COMMISSIONER STEWART MOVED TO APPROVE the agenda with the addition
of communication items as requested. The motion was SECONDED by
COMMISSIONER LINDSEY, and CARRIED by unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER LINDSEY MOVED TO APPROVE the minutes of February 21,
2001 Planning and Zoning Commission regular meeting.
Minutes for the February 21,2001 regular meeting were not available.
P & Z Minutes: April 18, 2001
Page 1 of 13
COMMISSIONER LINDSEY MOVED TO WITHDRAW motion.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VI. PUBLIC HEARINGS
DIRECTOR DVORAK recommended postponement of the following public hearing
items:
A) Case S01-003. Request for preliminary approval of the vacation of a twenty (20)
foot wide water easement across a portion of Tract A-IB, U.S. Survey 1671,
Sunny Cove. Spruce Island. (Postponed from the March 21, 2001 regular
meeting).
C) Case S01-006. Request for preliminary approval of the vacation of Lot 7, Block
1, Lakeside Subdivision and vacation of the adjacent sixty (60) foot wide Beaver
Lake Drive right-of-way extension, creating Lots 1 through 4, Block 3, Selief
Estates, and containing a fifty (50) foot wide greenbelt extension. 2050 Selief
Lane.
D) Case 01-010. Request for a conditional use permit, in accordance with KlB Code
Section 17.13.040 F. (Conditional uses) to permit non-recreational mineral
extraction activity (placer mining) and related structures within portions of
Sections 3, 8, 9,10,17,19, and 20, Township 42 South, Range 31 West, Seward
Meridian. Southeast area of Sitkinak Island. (Postponed from the March 21,
2001 regular meeting).
H) Case 01-021. Request for a conditional use permit, in accordance with KlB Code
Section 17.13.040 F. (Conditional uses) to permit non-recreational mineral
extraction activity (placer mining) from mean high tide to no more than one (1)
mile off-shore within Township 41 South, Range 31 West; Township 41 South,
Range 32 West; Township 42 South, Range 30 West; Township 42 South, Range
31 West; Township 42 South, Range 32 West; and Township 42 South, Range 33
West, Seward Meridian. Sitkinak Island.
COMMISSIONER STEWART MOVED TO POSTPONE action on Case SOI-
003, Case SOI-006, Case 01-010, and Case 01-021 until the May 16,2001 regular
Commission meeting.
The motion was SECONDED by COMMISSIONER OSWALT.
Regular session closed.
Public hearing opened:
P & Z Minutes: April 18, 2001
Page 2 of 13
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 SOI-005. Request for preliminary approval of the vacation of Lots 1, 2, 3,
and 6, Block 1, Tract A, Bells Flats Alaska Subdivision, creating Lots 1 through
6, Sargent Creek Subdivision. 709,597, and 665 Sargent Creek Road.
STAFF indicated one hundred seventy-seven (177) public hearing notices were
distributed for this case with one (1) being returned in support of request. Staff
recommended approval of this request subject to three (3) conditions of approval.
COMMISSIONER LINDSEY MOVE TO GRANT preliminary approval to the
vacation of Lots 1,2,3, and 6, Block 1, Tract A, Bells Flats Alaska Subdivision,
creating Lots 1 through 6, Sargent Creek Subdivision, subject to the conditions of
approval contained in the staff report dated April 2, 2001, and to adopt the
findings in that staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Engineering and soils testing must be provided prior to final plat approval
documenting that this subdivision design can satisfy ADEC requirements
for onsite well and septic systems.
2. The ten (10) foot wide existing utility easement along the westerly lot
lines of proposed Lots 1 and 6, Sargent Creek Subdivision adjacent to Lots
4B, 4C and 3A of Block 5, Bells Flats Subdivision, and the ten (10) foot
wide existing utility easement along the southerly lot line of proposed Lot
6, Sargent Creek Subdivision adjacent to original Lots 4 and 5 must be
shown on the final plat. All other ten (10) foot wide utility easements
originally created by Plat 81-8 within this proposed subdivision along the
interior lot lines common to existing Lots 1, 2, 3 and 6 of Block 1, Bells
Flats Subdivision must be shown as being vacated on the final plat.
3. As requested by KEA, indicated on the final plat that the flag stem portion
of Lot 1 is a utility easement. Indicate also on the final plat creation of a
five (5) foot wide electrical easement along Lots 2 through 6 where
adjacent to Sargent Creek Road, a ten (10) foot wide electrical easement
on each side of the lot line common to proposed Lots 1 and 2 and
proposed Lot 3, and a ten (10) foot wide electrical easement on each side
of the lot line common to rear of proposed Lots 3, 4 and 5 and the side of
P & Z Minutes: April 18, 2001 Page 3 of 13
proposed Lot 6, as indicated on the preliminary plat copy dated April 10,
2001
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 of the Borough Code.
3. This plat provides a subdivision of land that is consistent with adopted and
evolving Borough plans for this area. Approximately twelve (12) acres of
public land will remain available in Block 1 to serve as a school site or for
public facility should the need arise.
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 by unanimous roll call vote.
E) Case 01-001. Request for a variance, in accordance with KIB Code Section
17.17.050 A.I. to permit a proposed accessory building to encroach
eight (8) feet into the required twenty-five (25) foot front yard
setback located on Lot lOA, U.S. Survey 3103. 3355 Peninsula Drive.
(Postponed from the March 21, 2001 regular meeting).
STAFF indicated this case was postponed from the last regular meeting in order to
correct the variance description which was advertised as an eight (8) foot
encroachment into the required 25 foot front yard setback, but which was intended
to be a twelve (12) foot encroachment. Staff reported that if the Commission
determines that Standard A2 is met, in addition to the other five (5) required
standards for a variance, then staff recommended the Commission grant approval
of the variance. If the Commission determines that Standard A2, or any other
standard is not met, then the Commission should deny the variance. .
COMMISSIONER BELL MOVED TO GRANT a variance, in accordance with
KIB Code Section 17.17.050.A.I. (Front yard), to permit an 18 by 36 foot
P & Z Minutes: April 18, 2001
Page 4 of 13
accessory building to encroach no more than twelve (12) feet into the required
twenty-five (25) foot front yard setback to be located on Lot lOA, U.S. Survey
3103; subject to amended conditions of approval to reflect the increased variance
from 8 feet to 12 feet, as originally set forth in the staff report dated March 9,
2001; and to adopt amended findings of fact in that staff report as "Findings of
Fact" for this case.
CONDITIONS OF APPROVAL
1. The accessory building shall be limited to a maximum height of eighteen
(18) feet from finished grade to the peak of the roof.
2. The accessory building shall be finished, i.e. sided and roofed, to match
the materials used on the existing single-family residence of Lot lOA, U.S.
Survey 3103
3. The variance is limited to the 18 by 36 foot accessory building footprint,
as indicated on the site plan submitted by the petitioner for this case. Any
change or further development within any setback will require a new
variance review by the Planning and Zoning Commission.
4. The existing accessory structure must be removed, or placed in a
conforming location on Lot lOA.
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.
This standard is met.
The exceptional physical conditions applicable to Lot lOA, which are not
applicable to other lots in the same land use district, is the nonconforming lot
area, the odd shape and the steep slope. This lot design was approved by the
Commission in a subdivision review (Case VS-85-053) and a variance was
granted at that time for the lot area, which is 17,406 square feet, where 20,000
square feet is required for a lot in the RR1-Rural Residential One zoning district.
The variance was granted in recognition of the unplatted roadway that bisected the
original Lot 10 into two unequal parts. The Commission felt that it was important
to make provision for a road right-of-way by creating an easement on the plat.
The result left Lot lOA with its odd shape and nonconforming lot area. The
topography of the lot was not a prime concern at the time of the subdivision.
While topography is probably not an insurmountable obstacle to development, in
this case it is a physical feature that is compounded by the exceptional lot area and
lot shape noted above.
P & Z Minutes: April 18, 2001
Page 5 of 13
17.66.050 A.2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
This standard may be met.
In prior variance cases relating to Lot lOA, the exceptional conditions noted
above were considered a practical difficulty and unnecessary hardship to the
property owner. In this case, the circumstances are somewhat changed in that the
petitioner has an existing single-family residential structure with an attached
double car garage. Because the property now supports a substantial residential
development, it does not appear that that the strict application of the zoning would
necessarily result in a practical difficulty or unnecessary hardship.
The intent of the variance procedure is to grant relief when the strict interpretation
of the ordinance would deny the property owner of all, or nearly all, practical use
of the property. In this way, it functions as an escape valve to avoid a regulatory
taking of land, wherein land rights and value are substantially reduced or
eliminated by the strict application of the code, without the just compensation that
is required for a taking ofland that is consistent with constitutiona11aw.
Another purpose of the variance procedure is to grant relief to a property owner in
order to bring them up to parity with the property rights enjoyed generally within
the same zoning district, i.e. those rights enjoyed within the constraints of the
zone which are not violations, nonconformities and which do not require a
vanance.
This standard may be met, however, it requires the commission to find that the
proposed accessory structure and use is an essential use, on par with the principal
use of Lot lOA for residential purposes. In addition, the Commission must find
that granting the variance will bring the property owner up to parity with
surrounding property owners in the RRI-Rura1 Residential One zoning district.
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.
This standard is met.
The granting of the variance will not materially damage or prejudice other
properties in the vicinity. Adequate setback (17 feet) from the front lot line will
be maintained. An overall setback in excess of 30 feet will still exist between the
proposed accessory building and the traveled way of Peninsula Road.
The development of this accessory building will meet all other zoning and
building code requirements applicable to a structure of this type. In particular, the
P & Z Minutes: April 18, 2001
Page 6 of 13
petitioner has offered to limit the overall height of the accessory building to 18
feet when 25 is normally allowed by the code for an accessory building. The
petitioner's submittal also indicates that the exterior finish of the building will
match the existing SFR structure. This will ensure that the building is visually
consistent with the main structure on Lot 10A. The existing accessory building
will be removed if the variance is granted.
Many other homes in the RRI--Rural Residential One zoning district particularly
in the Monashka Bay area do not meet the required setbacks of the zoning district.
This is due to a number of factors including topography, the necessity to
accommodate on-site water and sewer systems, and residential development that
occurred before zoning setbacks were uniformly enforced.
17.66.050 AA. The granting of the variance will not be contrary to the
obiectives of the Comprehensive Plan.
This standard is met.
The comprehensive plan identifies this area for Medium Density Residential
development. The variance would be consistent with the plan designation.
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.
This standard is met.
The petitioner has not caused special conditions or financial hardship from which
relief is sought by variance. The Commission will decide this request before the
applicant initiates any construction on the proposed project.
17.66.050 A.6. That the granting of the variance will not permit a
prohibited land use in the district involved.
This standard is met.
Accessory buildings, subject to the establishment of a permitted principal use, are
a permitted use in the RRI-Rural Residential One zoning district.
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
Mark Nymeyer, Applicant: Mr. Nymeyer believed all standards were met and
urged the Commission to approve the variance request.
P & Z Minutes: April 18,2001
Page 7 of 13
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 01-018. Request for a rezone, in accordance with KIB Code Section
17.72.030 (Manner of initiation), of Lot 7 A, Block 4, Monashka Bay Alaska
Subdivision from PL-Public Use Lands to RR1-Rural Residential One. 2800
East Monashka Bay Road. (Postponed from the March 21, 2001 regular
meeting).
STAFF indicated forty-two (42) public hearing notices were distributed for this
case with seven (7) returned expressing support and one (1) returned expressing
opposition to this request. Staff recommended that the Commission forward this
rezone request to the Kodiak Island Borough Assembly with a recommendation
that it be approved.
COMMISSIONER OSWALT MOVED TO RECOMMEND that the Kodiak
Island Borough Assembly approve the rezoning of Lot 7 A, Block 4, Monashka
Bay Subdivision, from PL-Public Use Land to RR1-Rural Residential One, in
accordance with Section 17.72.030 of the Borough Code, and to adopt the
"Findings of Fact" in the staff report dated April 11, 2001 in support of this
recommendation.
FINDINGS OF FACT
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
The rezone of Lot 7 A, Block 4, Monashka Bay Subdivision from PL--Public Use
Land to RRI--Rural Residential One is necessary and justified because the RRl--
Rural Residential One Zoning District permits development that
A. would be consistent with the zoning of surrounding lands and will permit
development consistent with existing residential development in the
Monashka Bay area; and
B. is suitable for the existing lot as well as allowing for the future
development of additional lots that will not exceed the density of
development envisioned by the comprehensive plan in this area; and
C. will not create any nonconforming land uses; and
P & Z Minutes: April 18, 2001 Page 8 of 13
D. will be adequately supported by existing roads.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on
the Objectives of the Comprehensive Plan.
While a rezone from PL--Public Use Land to RRl-Rural Residential One may
not be strictly consistent with the School Reserve designation for this tract
contained in the 1968 Comprehensive Plan, that designated has been rendered
outdated by the non-suitability of the site for a school due to topography and
access constraints and lack of public utilities. This conclusion was supported by
the decision of the School Board and Borough administration to construct North
Star School for this area at an alternative location served by sewer and water.
Even the 1968 Plan itself acknowledged that Lot 7 A may not prove to ultimately
be the most appropriate school site:
"If development around the Borough and City-owned land
between Ft. Abercrombie State Park and the Monashka Bay
Subdivision proceeds very readily, and elementary school
site in this vacant land may prove more desirable that the
site now reserved in the Monashka Bay Subdivision." (Page
73)
When the KIB Comprehensive Plan is updated, this area will most likely be
redesignated as low density residential consistent with the surrounding area. The
history of this area is one of gradually increasing residential use and development.
The rezoning of this lot to RR1--Rural Residential One will allow all of the same
land use activities that are permitted on the surrounding lots which are in the
RRI--Rural Residential One Zoning District.
The motion was SECONDED by COMMISSIONER LINDSEY.
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.
I) Case 01-022. Planning and Zoning Commission review and recommendation, in
accordance with KIB Code Section 18.20.030 A. (Review by Planning
Commission-Assembly approval), of a disposal of interest in borough land to
permit a twenty (20) foot wide access easement across Lot lA, Block 6, Miller
P & Z Minutes: April 18, 2001
Page 9 of 13
Point Alaska Subdivision 1 sl Addition to provide residential access to Lot 3, Block
10, Miller Point Alaska Subdivision 1 sl Addition. 875 Lilly Dr.
STAFF indicated forty-seven (47) public hearing notices were distributed for this
case with two (2) returned expressing opposition to this case. Staff requested a
sixty (60) day postponement due to inadequate access plan and additional
information needed from petitioner.
COMMISSIONER LINDSEY MOVED TO POSTPONE action on Case 01-022
for sixty (60) days, and return it to the petitioner for the inclusion of additional
information for proposed access plan. This case will be rescheduled for the June
20,2001 regular meeting for public hearing at that time.
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
Barbara Williams, Property owner: Ms. Williams requested that case be
postponed until the Community Development staff receives all pertinent
information and is answered satisfactorily.
George Hideg, Property owner: Mr. Hideg opposed request and expressed concern
regarding private access across public school grounds. Mr. Hideg urged the
Commission to reevaluate request.
Nick Szabo, Property owner: Mr. Szabo expressed no objection to petitioner
building on lot but expressed concern with adverse effects that might accrue for
adjacent lot owners. Mr. Szabo supported motion for postponement.
Mike Williams, Property owner: Mr. Williams recommended the Commission to
take a look at topography of lot prior to approval of request. Mr. Williams
expressed opposition to request.
Clark Yatsik, Applicant: Mr. Yatsik urged the Commission to approve the request
and is seeking direction on how to gain access to his lot so that it could be
developable. Mr. Yatsik supported the Commissions decision to postpone action
on request.
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: April 18, 2001
Page 10 of 13
G) Case 01-019. Request for a rezone, in accordance with KlB Code Section
17.72.030 (Manner of initiation), of Tract A-I, Kadiak Alaska Subdivision, 1st
Addition from PL-Public Use Lands to R2-Two Family Residential. Generally
located along East Rezanof Drive and Sharatin Road. (Postponed from the
March 21, 2001 regular meeting).
STAFF requested the Commission postpone action on this case until a
preliminary plat can be completed addressing Issues related to topography,
drainage and access.
COMMISSIONER LINDSEY MOVED TO POSTPONE action on Case 01-019
until the June 20, 2001 regular meeting.
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.
VII. OLD BUSINESS
There was no old business.
VIII. NEW BUSINESS
A) Case 01-016. Adoption of "Findings of Facts" in support of Planning and Zoning
Commission's denial of a rezone, in accordance with KlB Code Section
17.72.030 (Manner of initiation), a portion of Tract G and Tract H (proposed
Tract B-1, Bells Flats Alaska Subdivision), Bells Flats Alaska Subdivision from
PL-Public Use Lands to RRI-Rural Residential One. 10986 Chiniak Drive
and 11629 Kalsin Drive. (Deferred from the March 21, 2001 regular meeting).
STAFF reported that a memorandum was received from the Manager's Office
stating withdrawal of Case 01-016. Due to Manager's prerogative, no motion is
necessary by the Commission to withdraw Case 01-016.
P & Z Minutes: April 18, 2001
Page II of 13
IX. COMMUNICATIONS
A) Enforcement letter dated March 19, 2001 to Joan Hood, Airpark Subdivision,
Block 1, Lot 3A located at 1819 Mill Bay Road with a CC: to Dan Seaton dba
Pallets Plus, Airpark Subdivision, Block 1, Lot 2 located at 1823 Mill Bay Road
from Martin Lydick, Associate Planner.
B) Thank you letter dated April 18, 2001 to Ken Warner RE: correction of zoning
violation on U.S. Survey 3098, Lot 13, Space No.2 located at 1912 Mill Bay
Road from Martin Lydick, Associate Planner.
There were no further communications.
COMMISSIONER STEWART MOVED TO ACKNOWLEDGE RECEIPT of item A
through item B of Communications. The motion was SECONDED, and CARRIED by
unanimous voice vote.
X. REPORTS
DIRECTOR DVORAK introduced Martin Lydick as new Associate Planner/Enforcement
to the Community Development Department.
STAFF reported the following meeting schedule:
. May 9th = Packet review work session at 7:30 p.m. in the Borough conference room.
. May 16th = Regular meeting at 7:30 p.m. in the Assembly Chambers.
There were no further reports.
COMMISSIONER BELL MOVED TO ACKNOWLEDGE receipt of reports. The
motion was SECONDED by COMMISSIONER STEWART, and CARRIED by
unanimous voice vote.
XI. AUDIENCE COMMENTS
There were no comments from the audience.
XII. COMMISSIONERS' COMMENTS
There were no comments from the Commissioners.
XIII. ADJOURNMENT
CHAIR SELIG ADJOURNED the regular meeting at 8:37 p.m.
P & Z Minutes: April 18, 2001
Page 12 of 13
ATTEST
DATE APPROVED: May 16,2001.
P & Z Minutes: April 18, 2001
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:~~d ~p-&
Donna Bell, Vice Chair
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