2002-05-15 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING MAY 15, 2002
I.
II.
CALL TO ORDER
MINUTES
The regular meeting of the Planning and Zoning Commission was called to order at 7:30
p.m. by CHAIR SELIG on May 15, 2002 in the Borough Assembly Chambers.
ROLL• CALL
Commissioners Present
Jake Ketscher
Robert Lindsey
Cheryl Boehland
Barbara Williams
Clazence Selig-Chair
Reed Oswalt
A quorum was established.
Commissioners not present
One vacant seat
Others Present
Duane Dvorak, Director
Community Development Dept.
Bob Scholze, Associate Planner
Community Development Dept.
Erin Whipple, Secretary
Community Development Dept.
III. APPROVAL OF AGENDA
COMMISSIONER OSWALT MOVED TO APPROVE the agenda as presented. 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 April 17, 2002
Planning and Zoning Commission regular meeting as submitted. The motion ,was
SECONDED by COMMISSIONER KETSCHER, and CARRIED by unanimous voice
vote. >
V. AUDIENCE COMMENTS AND APPEARANCE REQ
There were no audience comments or appearance requests
P & Z Minutes: May 15, 2002
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VI. PUBLIC HEARINGS
A) Case 02-012. Request for a variance from K1B Code Section 17.19.040 (R2 Yard
Requirements), to allow the pre-existing accessory building to remain encroaching
five (5) feet into the five (5) foot side yard setback of Lots lOC and lOD, USS
3100 and approximately seven (7) to eight (8) feet into the ten (10) foot rear yard
setback of Lots lOC and lOD, USS 3100. Located at 570 & 558 Carroll Way; in
accordance with KIB Code Section 17.66: Variances.
STAFF indicated thirty-seven (37) public hearing notices were distributed for this
case with none being returned. Staff believed that request does not meet all the
conditions necessary, as reflected in the findings of fact, for a variance to be
granted. Staff recommended denial of this request.
COMMISSIONER LINDSEY MOVED TO grant the request of Eric and Teresa
Schneider for a variance from Kodiak Island Borough Code 17.19.040 allowing
the pre-existing accessory building to remain encroaching five (5) feet into the
five (5) foot side yard setback of Lots l OC and l OD, USS 3100 and approximately
seven (7) to eight (8) feet into the ten (10) foot rear yard setback of Lots lOC and
IOD, USS 3100, located at 570 & 558 Carroll Way; in accordance with K1B Code
Section 17.66.020.
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 FAILED by unanimous roll call vote.
COMMISSIONER SELIG MOVED TO adopt the Findings of Fact for Case 02-
012.
The motion was SECONDED by COMMISSIONER WILLIAMS.
The question was called and the motion CARRIED by unanimous roll call vote.
~). Case 02-013. Request for a variance from the maximum allowable height (6') for
residential fences as contained in Kodiak Island Borough Code 17.54: Fences and
Walls. Request a variance allowing a solid board fence with a horizontal run of
P & Z Minutes: May 15, 2002 Page 2 of 11
143.51 feet to exceed the allowable height limit by ten (10) inches at the west end,
to exceed the allowable height limit by ten (10) inches at the east end, and to
exceed the allowable height limit by three (3) feet nine (9) inches at the midpoint.
STAFF indicated thirty-eight (38) public hearing notices were distributed f~~r this
case with none being returned. Staff recommended that the variance Uc giantcd.
COMMISSIONER OSWALT MOVED TO grant the request of Eric and Teresa
Schneider for a variance from Kodiak Island Borough Code 17.54.020 Height
Limit paragraph (A), allowing a solid board fence with a horizontal run of 143.51
feet to exceed the allowable height limit by ten (10) inches at the west end, to
exceed the allowable height limit by ten (10) inches at the east end, and to exceed
the allowable height limit by three (3) feet nine (9) inches at the midpoint; located
on the northeasterly boundary of Lot (s) 10 D and 10 E United States Survey
3100, along the Carroll Way right-of--way; and to adopt the findings in that staff
report dated May 8, 2002, as "Findings of Fact" for Case 02-013.
FINDINGS OF FACT
17 66 050 A 1 Exceptional physical circumstances _ or conditions
~plicable to the property or intended use of development which generally do not
apply to other properties in the same land use district.
The unanticipated finished elevation of the Carroll Way right-of--way has
adversely impacted a very limited number of properties, one of which is the single-family
residence, located on Lot 10 D United States Survey 3100, of the applicants. The
original, intended elevation cut for the Carroll Way was never achieved due to cost
savings concerns arising from an unanticipated need to remove excess rock. This has
resulted in a road grade elevation considerably higher than the finished elevations of the
residential lots abutting both sides of the Carroll Way right-of--way, especially along the
middle portion of the road.
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 frustrate the normal
expectation of a residential fence to provide privacy for the homeowner,
mitigation of adverse traffic impacts, and screening of incompatible use(s) located
within the R-2 Two Family Residential Zoning District.
17 66 050 A 3 The ,ranting of the variance will not result in material
damages or preiudice to other properties in the vicinity nor ae ueiriii~entu~ to ~~~r
public's health safety and welfare.
P & Z Minutes: May 15, 2002 Page 3 of 11
The granting of the variance will not adversely impact the visual amenities
of the neighborhood, nor will it result in the creation of a traffic hazard by
impairing the sight lines of drivers of vehicles using the roadway.
17 66 050 A 4 The ranting of the variance will not be contrary to the
objectives the Comprehensive Plan.
The granting of the variance will not be contrary to the objectives of the
Comprehensive Plan which identifies this area for Mobile Home Courts /Medium-High
Density Residential. In general, comprehensive plans do not address minor
developments such as fences.
17 66 050 A 5 The actions of the applicant did not cause special
conditions or financial hardship from which relief is being sought by the
variance.
In this instance, actions of the applicant have caused the conditions from
which relief is being sought by variance. The fence was constructed for the
purpose of providing privacy for the homeowner, mitigating adverse traffic
impacts, i.e., noise and dust, and screening from incompatible use(s). Due to the
finished "crowned" height of the roadway, these legitimate goals cannot be
achieved if the definition of fence height, "Per Kodiak Island Borough Code
17.06.240 Fence Height, "Fence height" means the vertical distance between the
ground, either natural or~lled, directly under the fence and the highest point of
the fence" is literally applied in this instance. The fence was constructed in 1995,
and has existed for 8 years without creating a problem or generating complaints.
It has only recently become an issue with a member of the larger community, who
does not reside in the immediate neighborhood.
17 66 050 A 6 The granting of the variance will not permit a prohibited
land use in the district involved.
Fences are permitted in all land use districts.
The motion was SECONDED by COMMISSIONER KETSCHER.
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: May 15, 2002 Page 4 of 11
C) Case 02-014. Request for a rezone, in accordance with KIB Code Section
17.72.030 C. (Manner of initiation) of Lot 3, Alagnak Acres Subdivision from R2
Two family residential to R3 Multi-family residential.
STAFF indicated forty (40) public hearing notices were distributed for this case
with none being returned. Staff recommended postponing this case until the June
19, 2002 to allow time to determine the appropriate scope of the request and
advertise accordingly.
COMMISSIONER KETSCHER MOVED TO postpone action on this request
until the June 19, 2002 regular Commission meeting.
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.
D) Case S02-008. Request for preliminary approval of the subdivision of Lot 3,
Alagnak Acres Subdivision creating Lots 3A through 3F, Alagnak Acres
Subdivision.
STAFF indicated forty (40) public hearing notices were mailed for this case, and
none were returned. Staff recommended approval of this subdivision request
subject to two conditions.
COMMISSIONER OSWALT MOVED TO grant preliminary approval of the
subdivision of Lot 3, Alagnak Acres, creating Lots 3A through 3F, Alagnak
Acres, subject to the conditions of approval contained in the staff report dated
May 6, 2002, and to adopt the findings in that staff report as "Findings of Fact" for
this case.
CONDITIONS OF APPROVAL
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1. Prior to final plat approval, a drainage plan wiii be submittea to uic ~1D
Engineering/Facilities Department for review and approval.
2. A six (6) foot high chain link fence with metal slats, as described in tl~e
letter dated Feb. 25, 2000 by the former property owner and approved by
P & Z Minutes: May 15, 2002 Page 5 of 11
the Commission for required screening between residential and
commercial uses, will be installed between Lot 3 and adjacent Lot 4 prior
to sale of proposed Lots 3A-3F or issuance of zoning and building permits
for residential construction on these lots.
FINDINGS OF FACT
1. This plat meets the minimum standazds 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 motion was SECONDED by COMMISSIONER BOEHLAND.
Regular session closed.
Public hearing opened:
Kevin Arndt agent for applicant: Made himself available for questions.
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 S02-006. Request for preliminary approval of the subdivision of Lot 3-B,
Kadiak Alaska Subdivision creating Lot 3-B1, Kadiak Alaska Subdivision and
dedicating a fifty (50) foot wide road right-of--way to be named Roma Way.
STAFF indicated that thirty-eight (38) public hearing notices were trtailed for this
case, with none being returned. Staff recommended that the Commission
postpone action on this request until the June 19, 2002 regular Commission
meeting based on a request from the Alaska Department of Transportation.
..
COMMISSIONER WILLIAMS MOVED TO postpone action on uus request
until the June 19, 2002 regular Commission meeting.
The motion was SECONDED by COMMISSIONER KETSCHER.
Regular session closed.
P & Z Minutes: May 15, 2002 Page 6 of 11
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.
F) Case S02-007. Request for preliminary approval of the vacation of Lot 1, Block 2
and of Tract B-1, Block 1, Kadiak Alaska Subdivision First Addition, and
vacation of a portion of Perenosa Drive, creating Lots 1 through 22, Katmai Ridge
Subdivision.
STAFF indicated ninety (90) public hearing notices were distributed for this
request with none being returned. Staff recommended approval of this request
subject to nine (9) conditions of approval.
COMMISSIONER WII,LIAMS MOVED TO grant preliminary approval to the
vacation of Lot 1, Block 2 Kadiak Alaska Subdivision First Addition, and of Tract
B-1, Block 1, Kadiak Alaska Subdivision First Addition, and vacation of a portion
of Perenosa Drive, creating Lots 1 through 20, Katmai Ridge Subdivision and
dedicating the Katmai Drive right-of--way, subject to the nine conditions of
approval contained in the supplemental staff report dated May 15, 2002, and to
adopt the findings in that staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. As required by the City Public Works Department, engineered sewer and water
utility plans must be submitted for approval prior to installation. The installation
of the water and sewer utilities in this subdivision must meet the criteria contained
in the City Code, Chapter 13.18.010 through 13.18.040 inclusive, and the
requirement to install a fire hydrant as specified by the Fire Marshal.. Prior to final
plat approval, a letter from the City accepting the sewer and water distribution
lines into the public utility system must be provided to the Community
Development Department.
2. An engineered drainage plan consistent with the coastal consistency determination
and the COE permit, and in correlation with the engineered drainage plan
submitted for adjacent Mariner Subdivision (Case SO1-025) must be submitted to
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the Borough for review and approva~ prior iv iiiiai Nia~ approva~•
3. Plat a minimum twenty (20) foot wide drainage easement from the Perenosa Drive
right-of--way east along the rear (north) lot line of what is presently Lot 1, Block ?
(proposed Lots 14 through 19, Katmai Subdivision) to allow for buffering and
P & Z Minutes: May 15, 2002 Page 7 of 11
retention of water, as well as collection of drainage. The twenty (20) foot
drainage easement width can be achieved by a cooperative ten (10) foot wide
dedication by the owners of both Lot 1, Block 2 and Lot 2, Block 2, Kadiak
Subdivision 15` Addition along their common lot line. The ten (10) foot wide
drainage easement on the southerly lot line of Lot 2, Block 2 must be recorded
prior to this final plat approval so that it can be referenced, along with a ten (10)
foot wide corresponding drainage easement at the rear of proposed Lots 14
through 20, on the recorded final plat for Katmai Subdivision. Absent sharing
with Lot 2, a twenty (20) foot wide drainage easement at the rear of proposed Lots
14 through 20 must be indicated on the recorded final plat for Katmai
Subdivision. A ten (10) foot wide drainage easement will be platted at the rear of
proposed Lots 11, 12, 13, 19, and 20 independently.
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4. The vacation of right-of--way is subject to Assembly approval as outlined
in KIBC 16.60.060.
5. Area will be designated and pads provided for dumpsters and neighborhood
mailboxes as specified in KIBC 8.20.041 and KIBC 16.70.020.A.6. The sixty
(60) foot wide by fifteen (15) foot deep section of Perenosa Drive immediately
adjacent to Sharatin Drive, as indicated on Attachment "A", will not be
vacated but retained for public use as a dumpster pad.
6. A twenty (20) foot wide access easement on ten feet each side of the lot line
common to proposed Lots 13 and 14 will be specified for "non-motorized"
public access, except as is necessary for park construction and maintenance.
7. Provide engineered road and grading plans, incorporating the standards for
improvements contained in Chapters 16.70 and 16.80, for review and approval by
the Borough Engineering/Facilities Department prior to construction of Katmai
Drive, as required by KIBC 16.70.010.
8. The applicant will provide Engineering/Facilities Department evidence -of title to
parcels adjacent to the portions of Perenosa Drive to be vacated for purposes of
determining appropriate conveyance of title of vacated right-of--way. The
applicant is responsible for drafting conveyance documents transferring vacated
portions offne Perenosa Drive rign~-ol-way w au~a~~ll- ac.-,u ovraawu.
9. As requested by ADOT and recommended by KIBC 16.40.OSO.A.2, place a
note on the final plat stating: "Driveway access to Lots 1 through 11 is
allowed only from Katmai Drive. No driveway access is permitted directly to
these lots from Sharatin Drive or Rezanof Drive East."
P & Z Minutes: May 15, 2002 Page 8 of 11
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.
COMMISSIONER BOEHLAND"MOVED TO recommend that the Assembly
approve the vacation of a 230 ft. long by 60 ft. wide portion of the Perenosa Drive
right-of--way, as indicated on the attached map. Excluded from this vacation is the
15 ft. deep by 60 ft. wide portion of the Perenosa Drive immediately adjacent to
the Sharatin Road right-of--way, which will continue to be utilized to serve the
public purpose of a dumpster pad for this rapidly growing area.
FINDING OF FACT
Alternative right-of--way is being dedicated by the subdivider within this proposed
subdivision (Katmai Drive) to serve surrounding properties. In terns of providing
access, the approximately 230 ft. long by 60 ft. wide portion of Perenosa Drive
right-of way requested to be vacated is not essential and would be very expensive
to develop due to topography. A fifteen by sixty (15 x 60) foot portion of this
right-of-way will be retained immediately adjacent to Sharatin Road to continue
serving a public purpose as a dumpster pad.
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.
P & Z Minutes: May 15, 2002 Page 9 of 11
VIII. NEW BUSINESS
A) Decide on a work session date to meet with the Assembly.
IX. COMMUNICATIONS
A) Letter dated April 11, 2002 to Donna Bell from Duane Dvorak, Director, announcing
the declaration of vacancy of her Commission seat and recognizing her for her years
of service on the Commission.
B) Letter dated March 26, 2002 to State of Alaska, DOT from Duane Dvorak, Director,
regarding comments on the Draft Southwest Alaska Transportation Plan.
C) Letter dated May 3, 2002 to Plug Nickel LLC from Martin Lydick, Planner regarding
courtesy notice and advisory.
There were no further communications.
COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE RECEIPT of item
A through item C of Communications. The motion was SECONDED by
COMMISSIONER OSWALT, and CARRIED by unanimous voice vote.
X. REPORTS
STAFF reported the following meeting schedule:
^ June 12, 2002 work session at 7:30 p.m. in the KIB Conference room.
^ June 19, 2002 regular meeting at 7:30 p.m. in the Assembly Chambers.
There were no further reports.
COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE receipt of reports. The
motion was SECONDED by COMMISSIONER KETSCHER, and CARRIED by
unanimous voice vote.
XI. AUDIENCE COMMENTS
Teri Schneider applicant in cases 02-012 & 02-013: Ms. Schneider felt like there had
been support from the Commissioners for both her requests at the work session and
wondered why case 02-012 had been denied at the regular meeting. She thought the case
would be postponed. Did not- feel like the case was dealt with in a public manner. Feels
the zoning enforcement policy should be changed. Staff clarified Ms. Schneider's
options for reconsideration and appeal of the decision.
P & Z Minutes: May 15, 2002 Page 10 of 11
Eric Schneider applicant in cases 02-012 & 02-013: Mr. Schneider asked the
Commission to reconsider their vote. As a point of order, it was again stated that the
decision could be appealed or a request for consideration could be submitted.
XII. COMMISSIONERS' COMMENTS
COMMISSIONER WILLIAMS: Glad to hear Donna Bell is doing so well. Had spoken
with Assembly Member Robin Heinrichs who suggested August would be a good time
for the Commission to meet with the Assembly.
All Commissioners agreed August 8, 2002 would be the best date to meet with the
Assembly.
COMMISSIONER SELIG: Welcome back Barbara and Jake. Glad to have all the
Commissioners present.
XIII. ADJOURNMENT
CHAIR SELIG adjourned the meeting.
The meeting adjourned at 8:SOp.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
ATTEST
By:
Erin Whipple, Secretary
Community Development Department
DATE APPROVED: June 19, 2002.
Clarence Selig, Chair
P & Z Minutes: May 15, 2002 Page 11 of 11