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2007-08-15 Regular Meeting CALL TO ORDER KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSI REGULAR MEETING . AUGUST 15, 2 /\ MINUTES t-.\) t' I 'Au (j The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by CHAIR KING on August 15,2007 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present Bud Cassidy, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. David King Gary Carver Brent Watkins Bill Kersch Casey J anz Gary Juenger Vacant x X X X X X A quorum was established. COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONERS JANZ and KERSCH. The motion was SECONDED by COMMISSIONER CARVER, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the minutes as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS John Miller stated there is 1 ~ weeks to get comments in. He submitted his comments to Dvorak. The maps are important because those maps will have to use them for zoning issues, and he feels we need to make sure they are right. Miller also thanked staff for all their work. PUBLIC HEARINGS A. Case 08-003. Request a Variance, according to KIBC 17.66, to allow an existing cabin to encroach 15 feet into the required 25 foot front yard setback and a variance, according to KIBC 17.66, to allow an existing cabin to encroach 6 feet into the required 25 foot side yard setback, as August 15,2007 P & Z Commission Meeting Minutes Page 1 of6 required for structural developments located in the C-Conservation zoning district (KIBC 17.13.) The location is T26S R25W, TL 101, Viekoda Bay, and it is zoned C-Conservation. Cassidy reported this is a case where the builder of the cabin didn't orient himself with the property and built within the front and side yard setbacks. This occurred on 14 acres of land. The encroachment is 15 feet into the 25 foot front yard setback and 6 feet into the required 25 foot side yard setback. Staff has reviewed this and compared the evidence of what is required to grant a variance - the 6 conditions, and staff is recommending not to grant the variance. COMMISSIONER CARVER MOVED TO GRANT a variance, according to KIBC 17.66, to allow an existing cabin to encroach 15 feet into the required 25 foot front yard setback and a variance, according to KIBC 17.66, to allow an existing cabin to encroach 6 feet into the required 25 foot side yard setback, as required for structural developments located in the C-Conservation zoning district (KIBC 17.13) ; and to adopt the findings in the staff report dated July 30,2007 as "Findings of Fact" for this case. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: The commission had a discussion regarding the encroachment, setbacks, and corner markers. Cassidy stated the applicant can file an appeal or move the cabin to the proper coordinates of the property. He hasn't seen the property so he couldn't say about the markers. He also said there was a vacation of public access easement that the Assembly approved. Any aggrieved party may file an appeal also. COMMISSIONERS W ATKINS and KING stated they have both been out there and that is pretty much the only place to build. CARVER asked Cassidy which findings of fact were not met. Cassidy said No.1 - staff felt that with 14 acres there were potentially other places to locate this cabin, and No.5 - staffs take is the applicant did cause the need for special conditions by not orienting himself on the property correctly, and has caused the need for the variance. WATKINS stated the applicant is not the one who built the cabin. CARVER asked if the applicant indicated in any way that with the purchase of the property or construction of this cabin that there was not another suitable site on the 14 acres to build. Cassidy stated there is no indication in the file that that conversation was had with the applicant. Six public hearing notices were sent out with no responses. 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 lot is characteristic and typical of similarly located properties within the C - Conservation Zoning District. August 15,2007 P & Z Commission Meeting Minutes Page 2 of6 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in the practical difficulty of the property owners having to pursue considerable effort in complying with applicable zoning district development standards. 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 will not result in material damages or prejudice to other properties in the vicinity, nor be detrimental to the public safety and welfare since Tract B is located in a remote area of the borough with no immediately adjacent small-lot neighbors. 17.66.050 A.4.The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. Granting this variance will be consistent with the objectives of the Comprehensive Plan which identifies this area as C - Conservation, and the existing use is a permitted use in the district. 17.66.050 A.S.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant did cause special conditions or financial hardship from which relief is being sought. Inattention to the requirements of Title l7-Zoning of the Kodiak Island Borough Code precipitated the current circumstances. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The granting of this variance will not permit a prohibited land use in this district. The question was called, and it FAILED 3-1. B) Case 08-006. Request a Rezone, according to KIBC 17.72, to allow a change of zoning from C-Conservation to RNC-Rural Neighborhood Commercial for a 15.9 acre portion of U.S. Survey 4964 which corresponds to Lots 3 and 4, Northland Ranch Subdivision as depicted in the approved preliminary plat for Case S06-011. The location is D.S.S. 4964 Kalsin Bay, 32233 Pasagshak Hwy, and it is zoned C-Conservation. Cassidy stated this is a request to rezone 15.9 acres ofland at the intersection ofChiniak Road and the Pasagshak Road from Conservation to Rural Neighborhood Commercial. It will allow lot subdivision to be reduced from 5 acre minimum to 2 acre minimum. This is a rural area and the owner has tried a number of activities in the location. There is a long history of commercial activity. This location is the next stop for Pasagshak and seems to be a good location for a venture such as Rural Neil!hhorhood Commercial. Staff recommends annroval of this rezone . ------- - - -- --- --- - ---- --- - . - -r..;;..... - - --.. - - -. - - . .I. ..I. request of 5.9 acres. COMMISSIONER WATKINS MOVED TO GRANT recommend that the Kodiak Island Borough Assembly approve the rezoning of Lots 3 and 4, Northland Ranch Subdivision as depicted in the approved preliminary plat for Case S06-011, from C-Conservation to August 15, 2007 P & Z Commission Meeting Minutes Page 3 of6 RNC-Rural Neighborhood Commercial, and to adopt the "Findings of Fact" in the staff report dated July 31, 2007 in support of this recommendation. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing opened: Bob Brodie, the agent for Mr. Stratman spoke in support of this request. John Miller stated the request is consistent with the Comp Plan and is encompassed in the Chiniak Plan. Public hearing closed: Regular session opened: A brief discussion. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is justified because of the growing need to provide services to the increase in traffic of those who recreate in the ChiniaklPasagshak area. The paving ofthe major roads will increase the amount of recreational driving that will travel the major roads in the area. Traffic will increase to a greater degree when private lands along the Chiniak road are subdivided and sold. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. The RNC-Rural Neighborhood Commercial District is consistent with the proposed 2007 Comprehensive Plan. Though not adopted, there is little guidance provided for this area. There is the infrastructure to sustain such development. The question was called, and it CARRIED 4-0. C) Case 08-00S. Request a Conditional Use Permit, according to KIBC 17.67, to allow a communication site with a 100 foot monopole tower, an accessory equipment cabinet and an electrical meter base. The location is U.S.S. 4964 Kalsin Bay, and it is zoned C-Conservation. Cassidy stated the agent for the applicant is present and has come to withdraw this case. COMMISSIONER JUENGER MOVED TO GRANT a conditional use permit, in accordance with KIBC 17.67, allowing a communication site with a 100 foot monopole tower, an accessory equipment cabinet and an electrical meter base, subject to the one (1) stipulation attached to the staff report dated August 1, 2007, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. The motion was SECONDED by COMMISSIONER WATKINS. Regular session closed: Public hearing opened: August 15,2007 P & Z Commission Meeting Minutes Page 4 of6 Charles Forbes, the agent for the applicant stated they wish to withdraw the Conditional Use Permit request due technical problems with not being able to get a good microwave signal out there so they won't be able to build the tower at this time. Public hearing closed: Regular session opened: The question was called, and it FAILED 4-0. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A) Letter of Courtesy & Advisory to St. Innocent's Academy from Bud Cassidy dated July 20, 2007 B) Notice of Trespass, Illegal Use of Right-of-Way to St. Innocent's Academy from Bud Cassidy dated July 20, 2007 Cassidy stated these are a couple ofletters to St. Innocent's Academy for the stockpiling of items in the right of way. They have contacted the department and they are now in the process of cleaning up the site. COMMISSIONER CARVER MOVED TO ACCEPT communications as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED by unanimous voice vote. REPORTS A) Meeting schedule: . September 5, 2007 special work session at 7:30 p.m. in the Assembly Chambers . September 12, 2007 work session at 7:30 p.m. in the KIB Conference Room . September 19, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers B) Minutes of Other Meeting: . May 22, 2007 Parks & Recreation Committee Meeting Minutes . July 10, 2007 Parks & Recreation Committee Meeting Minutes . July 2,2007 Gravel Task Force Meeting Minutes Cassidy stated the special work session has to do with the Comp Plan. You can also go to the web site to see the draft plan that has all the maps inserted into the right places. The map that John Miller did has been reviewed by staff and it has been sent to the consultant with some comments on it. Cassidy also stated he appreciates the time Mr. Miller has spent on it. He's done a thorough review of the Chiniak area. August 15,2007 P & Z Commission Meeting Minutes Page 5 of6 COMMISSIONER WATKINS MOVED TO ACCEPT reports as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS There were no audience comments COMMISSIONERS' COMMENTS WATKINS stated it's too bad we lost the cell tower out there. CARVER stated he echo's W ATKINS comment and hopes they look at other sites. JUENGER stated it's fortunate Dr. Carver could make it tonight, and he noted the Gravel Task Force has good news about finding gravel. ADJOURNMENT COMMISSIONER CARVER MOVED TO ADJOURN. COMMISSIONER WATKINS SECONDED the motion. CHAIR FRIEND ADJOURNED the regular meeting at 8:12 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ~ By: . \ ATTEST By: ~R..lOo. \"Qrn@ Sheila Smith, Secretary Community Development Department DATE APPROVED: September 19, 2007 August 15, 2007 P & Z Commission Meeting Minutes Page 6 of6 I I --~j