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2007-05-16 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING I MAY 16, 2007 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 May 16, 2007 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present Dave King - Chair Gary Carver Brent Watkins Casey J anz Bill Kersch Gary Juenger Vacant x X X X X Duane Dvorak, Acting Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. x A quorum was established. COMMISSIONER CARVER MOVED TO EXCUSE COMMISSIONER JUENGER. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED TO APPROVE the agenda. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the April 18, 2007 P&Z minutes as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. COMMISSIONER KERSCH MOVED TO APPROVE the Continued from April 18, 2007 on May 7,2007 P&Z minutes. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS David Thorson spoke on behalf of Lee Russell and requested the commission reconsider their decision. Randall Borgeman requested the commission grant the Variance. PUBLIC HEARINGS A. Case S07-013. Request preliminary approval, according to KIBC 16.40, to allow the replat of the remainder of Lots 1 and 2, Block 2, Southeast Addition No.2, U.S. Survey 2910 A&B, creating Lots lA and 2A, Block 2, Southeast Addition No.2, U.S. Survey 2910 A&B. May 16, 2007 P & Z Commission Meeting Minutes Page 1 of5 Dvorak reported Lot 1 is currently vacant and the petitioners have provided a slight boundary shift to convey a 20 foot swath to Lot 2. The land transfer is coming from Lot 1 to Lot 2 in this subdivision. There is also a 5 foot utility easement to be created on the other side of the property. There is still adequate room to build a reasonable single family dwelling. Staff recommends approval of this request. COMMISSIONER JANZ MOVED TO GRANT preliminary approval of the replat of the remainder of Lots 1 and 2, Block 2, Southeast Addition No.2, U.S. Survey 2910 A&B, creating Lots 1A and 2A, Block 2, Southeast Addition No.2, U.S. Survey 2910 A&B, and to adopt the findings in that staff report as "Findings of Fact" for case S07-013. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: Brief discussion regarding the steep cliff. 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 Borough plans for this area. The question was called, and it CARRIED 5-0. B) Case 07-027. Request a Tax Foreclosure Property Review. Staff reported 10 parcels were foreclosed upon due to non-payment of property taxes. The code requires them to be reviewed upon acquisition for whether or not there is public need for these parcels. If the commission finds no public need then those parcels can be disposed of in order to recoup for the taxes. Staff has reviewed these parcels and recommends they be declared not to be of public need and offered at a future KIB land sale. COMMISSIONER CARVER MOVED to recommend to the Kodiak Island Borough Assembly that the following ten (10) tax-foreclosed parcels be declared not to be of "public need" and be offered at a future KIB land sale: KODIAK URBAN AREA & ROAD SYSTEM Legal Description Location Zoning Use A!eutian Homes Bk 1 912 Oak Ave. R-l SFR Lt 24B Mtn View 2na 2566 Oevil's Prong RR -1 VAC Bk 4 Lt 11 Lakeside 1 st 2345 Beaver Lake Dr R-2 ZZL Bk 1 Lt 10A Russell Est 3rd 1820A Larch St. R-3 COO May 16, 2007 P & Z Commission Meeting Minutes Page 2 of5 Bk 2 Lt 19A-2 ATS 899 22569 Chiniak Hwy CN VAC Middle Bay Cannery KODIAK ISLAND VILLAGES: Legal Description Location Zoning Use Old Harbor TR F Third Ave R-1 SFR Bk 9 Lt 1 Old Harbor TR F Hill St. R-1 SFR B k 3A Lt 6A Akhiok Bk 11 A Lt 3A Nhn Akhiok R-1 SFR KODIAK ISLAND REMOTE: Legal Description Location Zoning Use T31S R29W Uyak Bay C - Con VAC TL 11 03 T30S R29W Larsen Bay C - Con Lodge TL 3005 COMMISSIONER KERSCH SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called, and it CARRIED 5-0. OLD BUSINESS A) Adopt "Findings of Fact" for Case 07-020 Dvorak reported this case was denied at the April 18th regular meeting, and at that time the commission deferred adopting Findings of Fact until the next regular meeting. The commissioner's have contacted him individually with their reasons of why they voted the way they did. Staff has aggregated those comments into a revised set of findings. In order to grant a Variance the commission has to find all six required standards have been met. After aggregating the findings that were conveyed to staff, staff found that at least four of them appears to have not been met, particularly 1, 2, 3, and 5. It is essential the commission adopts findings whenever it makes a decision. Discussion of procedures COMMISSIONER JANZ MOVED to adopt the findings contained in the memorandum dated May 16, 2007 as "Findings of Fact" in support of the denial of a variance for Case 07-020. COMMISSIONER CARVER SECONDED the motion. The commission discussed each Finding of Fact. May 16, 2007 P & Z Commission Meeting Minutes Page 3 of5 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 R-2 Two Family Residential Zoning District. The conditional development restrictions placed on this property during the subdivision process did not result in an inequitable burden on this parcel. The petitioner submitted a zoning compliance permit demonstrating that a confonning residential structure could be located on the property without need of a variance. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances, as currently applied, would relieve the property of the 25-foot minimum setback requirement per Plat Note No.1 of Plat 96-19. This requirement was placed on the plat to ensure a certain degree of building separation on flag lots. Based on the zoning compliance submitted for this site, it did not appear at the outset of construction that the strict application of the zoning ordinance would result in practical difficulties or unnecessary hardships. 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. Based upon the written submissions and oral testimony of the adjoining property owner located in front of the subject parcel, the Commission finds that the granting of the variance would result in material damage to other properties in the vicinity of the requested variance. 17.66.050 A.4.The granting of the variance will not be contrary to the obiectives 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 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The intent of the KIB variance standards, and the applicable Alaska Statutes which form their basis, is to require the adjudication of variance requests before the property owner undertakes construction activity and significant investments. In this case, the petitioner filed a zoning compliance permit indicating that a conforming residential structure could be placed on the site. The fact that the builder either erred or deliberately violated the setback by building over the designated setback line does not in and of itself justify a variance in this case. The purpose of the variance process is intended to grant relief from practical difficulties and unnecessary hardships arising from the land and strict interpretation of the code. The variance procedure is not intended to grant relief from construction errors or deliberate attempts to circumvent the reasonable development standards of the community. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. May 16, 2007 P & Z Commission Meeting Minutes Page 4 of 5 The granting of the variance will not permit a prohibited land use in the R-2 Two Family Residential Zoning District. The question was called, and it CARRIED 5-0. NEW BUSINESS There was no new business. COMMUNICA TIONS COMMISSIONER CARVER MOVED TO ACCEPT communications as submitted. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice vote. REPORTS COMMISSIONER CARVER MOVED to acknowledge receipt of the reports. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS There were no audience comments. COMMISSIONER COMMENTS COMMISSIONER WATKINS stated we're still looking for someone who lives in the city to fill the seat on the commission. ADJOURNMENT COMMISSIONER JANZ MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER KERSCH, and it CARRIED by unanimous voice vote. CHAIR KING ADJOURNED the regular meeting at 8:08 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: ~e. ATTEST By: ~f>~Oo. On~ Sheila Smith, Secretary Community Development Department DATE APPROVED: June 20, 2007 May 16, 2007 P & Z Commission Meeting Minutes Page 5 of5