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2007-03-28 Regular Meeting f5)IIE ~ IE ~ W IE ~ KODIAK ISLAND BOROUGH .\rIl APR 2 5 'ISJJI lW PLANNING AND ZONING COMMISSI N REGULAR MEETING MARCH 28, 20 G CLERK'S OFFICE MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR KING on March 28,2007 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present Martin Lydick, Planner Community Development Dept. Sheila Smith, Secretary Community Development Dept. David King - Chair Gary Carver Brent Watkins Casey J anz Bill Kersch Gary Juenger Vacant x X X X X X A quorum was established. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER JANZ MOVED TO APPROVE the minutes of February 21, 2007 as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED by unanimous voice vote. PUBLIC HEARINGS A. Case S07- 017. Request for a Vacation, according to KIBC 16.60, of a portion of existing 25 foot public access and utility easement along the Southwest edge of Tract B, T26S R25W, TL 101 Viekoda Bay as shown on plat 93-3. COMMISSIONER WATKINS asked to be excused from this case due to a conflict of interest. Staff reported the petitioner has requested the vacation of a public access and utility easement generally located along the Southwest portion of Tract B T26S R25W, according to Plat 93-03.Seven (7) public hearing notices were distributed on March 6, 2007.0ne (1) written comment has been received by the department responding to the public hearing notice. The comment was received from the Army Corp of Engineers and was advisory in nature. Staff is recommending approval of this request for vacation, subject to three (3) Conditions of Approval. COMMISSIONER CARVER MOVED TO GRANT preliminary approval of a Vacation, according to KIBC 16.60, of a portion of existing 25 foot public access and utility easement along the Southwest edge of Tract B, T26S R25W, TL 101 Viekoda Bay as shown on plat 9303, subject to three (3) Conditions of Approval, and to adopt the findings in the staff report dated February 28, 20007 as findings of fact in this case. COMMISSIONER JUENGER SECONDED the motion. March 28, 2007 P & Z Meeting Minutes Page 1 of5 Regular session closed: Public hearing open: Public hearing closed: Regular session open: A discussion regarding the easements and setbacks. FINDINGS OF FACT 1. This request for replat meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2. This request for replat meets the minimum design requirements per Kodiak Island Borough Code 16.60, generally. 3. This request provides a vacation of a public access easement that is consistent with adopted plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. CONDITIONS OF APPROVAL 1. The petitioner must apply for the appropriate zoning compliance permit prior to final approval. 2. The petitioner must successfully apply for a Variance per KIBC17.66 seeking to abate the front and side yard requirement according to KIBCI7.17.080. 3. The vacation must be forwarded to the Kodiak Island Borough Assembly for review prior to final plat approval. The question was called, and it CARRIED 5-0. B) Case 07-018. Request a Similar Use Determination, according to KIBC 17.03.090, to allow transient lodging which is similar in character and impact to a permitted hotel/motel use, per KIBC 17.21.020.M and 17.21.020.S. Staff reported the petitioner has requested a Similar Use determination in order to permit the remodeling of an existing business building for the purpose of responding to a perceived need for additional visitor support facilities. Twenty (20) public hearing notices were distributed on March 6, 2007. No (0) written comments have been received by the department responding to the public hearing notice, although the department has responded to several telephonic inquires regarding this request. Staff is recommending approval of this request for a Similar Use determination. COMMISSIONER JANZ MOVED TO DETERMINE, in accordance with Section 17.03.090 (Similar Uses) of the Borough Code, that a transient lodging use with five (5) guest rooms in the B- Business zoning district is similar in character and impact to a permitted hotel or motel use, and to adopt the findings of fact contained in the staff report dated March 21, 2007 as "Findings of Fact' for Case No. 07-018. COMMISSIONER CARVER SECONDED the motion. Regular session closed: Public hearing opened: Mr. Rippey spoke regarding his wish to have a B&B on his property, and the setbacks and frustrations he has encountered due to B&B's aren't included in the Business district. Public hearing closed: Regular session opened: During discussion the commission expressed they were under the impression that B&B' s were included in the Business district when they did the B&B code revisions, and their intention here is to March 28, 2007 P & Z Meeting Minutes Page 2 of5 set the precedence for future cases to show their desire for B&B' s to be included in the Business district. COMMISSIONER WATKINS MOVED TO AMEND the motion to read move to determine, in accordance with 17.03.090 (Similar Uses) of the Borough Code, that a B&B/Roadhouse use with five (5) guest rooms in the B-Business zoning district is similar in character and impact to a permitted multiple family dwelling, and to adopt the findings of fact contained in the staff report dated March 21, 2007 as "Findings of Fact" for Case No. 07-018. COMMISSIONER JANZ SECONDED the motion. COMMISSIONER CARVER MOVED TO AMEND the Findings of Fact 1 and 2 to change the words hotel/motel to multiple family dwelling. COMMISSIONER JANZ SECONDED the motion. The question was called on the amended motion, and it FAILED 6-0. COMMISSIONER WATKINS MOVED TO DETERMINE, in accordance with Section 17.03.090 of the Borough code that a B&B with five (5) guest rooms in the B-Business district is similar in character and impact to the permitted multi-family dwelling and to adopt the Findings of Fact as amended: first as it applies to a B&B use at this location the proposed use is similar in character and impact to other land uses specifically permitted in the Business zoning district; No 2 as described in the application the use is similar in scale and intensity to other permitted uses of land allowed in the Business zoning district. Multi-family dwellings are a permitted use in this zone; No.3 as described in the proposal the use will not result in negative impacts to neighboring properties. COMMISSIONER JANZ SECONDED the motion. The question was called on the amended motion, and it CARRIED 6-0. C. Case 07-019. Request a Variance, according to KIBC 17.66.020, from the setback requirements of KIBC 17.33.050.C to allow an addition to the Bayside Fire Department to encroach 3.8 feet into the required 25 foot setback. Staff reported the original petition in this case requested a setback variance in order to allow the construction of an addition to an existing public facilities campus. Forty eight (48) public hearing notices were distributed on March 6, 2007. One (1) written comment has been received by the department indicating support for the original petition request. Staff has determined that a variance is not required for the planned addition, although a technical requirement for a site plan review of the proposal is required. The extent and depth ofthe site plan review is left to the Commission's discretion. COMMISSIONER WATKINS MOVED TO SCHEDULE Case 07-019 for a PL-Public Use Land zone site plan review on the May 2007 regular meeting agenda as required by KIBC 17.33.020. COMMISSIONER JUENGER SECONDED the motion. The question was called, and it FAILED 5-1. COMMISSIONER JUENGER voted nay. COMMISSIONER WATKINS MOVED TO APPROVE the detailed site plan for an existing fire station and related fire training facilities proposed for development on proposed Lot 3A, Block 5, Miller Point Alaska Subdivision. COMMISSIONER CARVER SECONDED the motion. Regular session closed: Public hearing opened: Scott Arndt spoke in favor of this request stating it's an insignificant amount of a change on the site plan and it doesn't need a public hearing on a new amended site plan for that 20'x 20' addition. Public hearing closed: Regular session opened: March 28, 2007 P & Z Meeting Minutes Page 3 of5 Discussion regarding the site plan review. The question was called, and it FAILED 5-0. COMMISSIONER JUENGER voted nay. When asked if anyone wished to change their vote COMMISSIONER JUENGER changed his to aye. The motion FAILED 6-0. COMMISSIONER CARVER MOVED TO AMEND the detailed site plan dated January 12, 2005 to include the addition of 400 square feet to square off the Northwest comer of the fire station and related fire training facilities proposed for the development of Lot 3A, Block 5, Miller Point Alaska Subdivision. COMMISSIONER KERSCH SECONDED the motion. The question was called, and it CARRIED 6-0. D) Case 07-020. Request Variance, in accordance with KIBC 17.66.020 and KIBC 17.19.040.A, to allow a 5 foot encroachment into the 25 foot front yard setback required by plat note. Lydick reported this request is intended to permit a 4.5-foot encroachment into the 25 foot front- yard setback established on the subject parcel during the subdivision process - Case S90-001- November 1990. The purpose of this request is to relieve the builder of an inequitable development restriction on this lot. One-hundred-two (102) public hearing notices were distributed on February 26,2007. Six (6) written comments have been received by the department responding to the public hearing notice. Three comments supported the request & three comments opposed the request. Staff is recommending approval of this request for variance. COMMISSIONER JANZ MOVED TO GRANT a variance from KIBC 17.19.040 A, to allow a 4.5 foot encroachment into the 25 foot front yard setback, in accordance with KIBC 17.66.020, and to adopt those Findings of Fact contained in the staff report dated February 27,2007, as Findings of Fact for Case No. 07-020. The motion FAILED due to a lack of a second. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A) Letter of Courtesy & Advisory to Mr. Edward Mahoney dated March 5, 2007 from Ma~in Lydick, Associate Planner. B) Letter to Martin Lydick dated March 22, 2007 from Edward Mahoney regarding the letter of Courtesy & Advisory dated March 5, 2007. COMMISSIONER WATKINS MOVED TO ACCEPT communications as submitted. COMMISSIONER CARVER SECONDED the motion, and it CARRIED by unanimous voice vote. REPORTS Meeting schedule: . April 11, 2007 work session at 7:30 p.m. in the KIB Conference Room . April 18, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers Smith also reminded the commission of the April 4, 2007 P&Z Work Session! Borough Wide Comp Plan Open Meeting at 7:00 pm in the KIB Assembly Chambers. COMMISSIONER JUENGER stated he will not be able to make the meeting. March 28, 2007 P & Z Meeting Minutes Page 4 of5 CHAIR KING stated he will be out of the state and won't be able to attend. COMMISSIONER KERSCH MOVED TO ACKNOWLEDGE receipt of reports. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS Gordon Jenson spoke against Case 07-020. COMMISSIONER COMMENTS COMMISSIONER CARVER commented on the last issue regarding the enforcement of our codes and inspections that are to enforce our codes. He feels we need to re-look at this policy that exists in this borough where enforcement is only really done in any real way after there's a complaint that has been lodged with respect of some issue regarding the Planning & Zoning statutes and codes. This is a clear case that this policy has gotten us in trouble and will continue to get us in trouble. We have codes for a very real reason and they're only as good as to the degree that they can be implemented and enforced. It is unfortunate to have to deal with code violations after the fact and he feels there should be more thorough inspection and enforcement to ensure these kinds of things whether they are honest mistakes or intentional code violations don't take place before the fact and not after the fact. COMMISSIONER JUENGER thanked Martin Lydick for his assertiveness in his positions when he is right. COMMISSIONER JANZ stated she hopes we can continue to strive to support small businesses in their endeavors. She also thanked the Borough for sending herself and 3 others to Commissioner Training last month. It was very educational and she learned a lot and thanks the borough for their support. CHAIR KING thanked everyone. ADJOURNMENT CHAIR KING ADJOURNED the regular meeting at 9:00 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ~e. ATTEST By: ...::._ _ ,~ C\ 'Vleilln ~~ Sheila Smith, Secretary Community Development Department DATE APPROVED: April 18, 2007 March 28, 2007 P & Z Meeting Minutes Page 5 of 5