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2001-12-19 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING DECEMBER 19, 2001 MINUTES I. CALL TO ORDER The regulaz meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR SELIG on December 19, 2001 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Robert Lindsey Cheryl Boehland Barbara Williams Clarence Selig-Chair Reed Oswalt A quorum was established. Commissioners not present Donna bell -Excused One Vacant Seat Others Present Duane Dvorak, Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. III. APPROVAL OF AGENDA COMIVIISSIONER LINDSEY MOVED TO SUSPEND the order of the day. The motion was SECONDED by COMMISSIONER WILLIAMS, and CARRIED by unanimous voice vote. The agenda was accepted as amended. IV. MINUTES OF PREVIOUS MEETING COMIVIISSIONER BOEI-iLAND MOVED TO APPROVE the minutes of November 21, 2002 Planning and Zoning Commission regulaz meeting as submitted. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQU~STS r„~.r~~, ,.. a ~_, . t _ .~~-,-~ There were no audience comments or appearance requests. s ~ ~`- ~ ""~ APR I T2002 { b t ~i t VI. PUBLIC HEARINGS E) Case 01-040. Request for a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional Uses), to permit a 100 foot tall freestanding communication tower, two small support buildings and an above ground double walled fuel storage tank to be located on a 7,000 squaze foot leasehold interest to be negotiated with the landowner, City of Kodiak. Generally located neaz the top of Pillaz Mountain. STAFF indicated seven (7) public hearing notices were distributed for this case with none (0) being returned. Staff believe that request meets all the conditions necessary, as reflected in the findings of fact, for a conditional use permit to be granted under Chapter 17.67 (Conditional use permits) of the Borough Code. Staffrecommended approval subject to five conditions. COMMISSIONER WII~LIAMS MOVED TO grant a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional Uses), to permit a 100 foot tall freestanding communication tower, two small support buildings and an above ground double walled fuel storage tank to be located on a 7,000 squaze foot leasehold interest to be negotiated with the landowner, City of Kodiak, subject to the conditions of approval contained in the staff report dated December 12, 2001 and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The color of structures and equipment will be subdued to blend in with the natural environment surrounding the facilities; and natural vegetation immediately surrounding the facilities will be preserved to the maximum extent possible to preserve visual aesthetics. 2. Should the site be abandoned for any reason including the future advance of communications technology or development of alternative communications facilities, the site will be cleared of all improvements within one yeaz of abandonment and returned to a natural regenerated state. 3. Should the exterior of the facility require modification to accommodate new or different equipment, which would substantially alter the visual impact of the facility, the modifications must be reviewed and approved by the Commission, as an amendment to this case, subject to payment of a new fee for public hearing review of a Conditional Use Permit. 4. The landowner and/or developer, within 24 months of the date of ~„ Commission approval, shall develop and submit to the Community Development Department for review and approval a detailed and comprehensive site plan for the upper hillside/summit area of Pillaz Mountain, where existing conditional use communication facilities and related uses and structures aze located. This will be a first step toward consolidating all conditional uses in the area into a single conditional use, which will establish a "big picture" perspective of the entire Pillar Mountain hillside/summit, which will in turn provide baseline information for future conditional uses to be considered by the Planning and Zoning Commission in this area. 5. In reviewing this request, the Commission has substantially relied upon the project description and application for conditional use, dated November 20, 2001, which was submitted by New Horizons Telecom, Inc. The conditional use, therefore, is specifically limited to the facilities and operational pazameters set forth therein. FINDINGS OF FACT 17 67 OS A That the conditional use will preserve the value, spirit, chazacter and integrity of the surrounding area. Similaz communication and utility facilities on Pillar Mountain, have existed for many years, in the azea, without conflicts. Conditions of approval to address aesthetic and visual concerns will preserve the value, spirit, character and integrity of the surrounding area. Natural vegetation is required to be maintained azound the facility. Colors of structures and equipment will be subdued to blend in with the surrounding natural environment. If the facility is abandoned, the site will be cleazed of equipment and structures and returned to a natural state. Any change of technology that would require new or different equipment that would change the essential visual character of the site or safety characteristics of the operation of the facility must be reviewed and approved by the Commission at public hearing prior to installation. Future conditional use reviews in this area will be based upon the cumulative impact of all established conditional uses in the area. 17 67 OS B That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The conditional use will fulfill all the requirements of the C-Conservation zoning district. The site is above groundwater rechazge areas and natural vegetation is required to be preserved to the maximum extent possible. In addition, all required setbacks will be maintained within the City of Kodiak's exterior ownership boundary which is far in excess of the minimum five (5) acre lot azea requirement. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. This facility will be constructed and maintained in accordance with all applicable federal, state and local requirements. All construction will meet standards of the Uniform Building and Fire Codes, and communication equipment will be installed and operated in conformance with applicable FCC regulations. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The site is well separated by topography and vegetation from residential areas. The contiguous land ownership of the City of Kodiak far exceeds the minimum of area of five acres required by the C-Conservation zoning district. Natural vegetation will be maintained as a condition of approval to preserve, to the extent feasible, the visual continuity of the surrounding area. The motion was SECONDED by COMNIISSIONER OSWALT. Regular session closed. Public hearing opened: Doug LeCren, agent: Stated that they agree to all the conditions of approval and reiterated the request. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. A) Case SO1-022. Request for preliminary approval of the subdivision of Block 2, Selief Estates creating Lots 1-21, Block 2, Selief Estates Subdivision, and vacating portions of utility and road maintenance easements in accordance with KIBC 16.60, located along the Beaver Lake Drive frontage and ranging in width from 10 to 15 feet. Located within Block 2 Selief Estates, bounded by Von Scheele Way, Beaver Lake Drive and Selief Lane. STAFF indicated thirty-eight (38) public hearing notices were distributed for this case with four (4) being returned in objection. Staff recommends approval of the preliminary plat, subject to the conditions set .forth in the staff memorandum dated December 12, 2001. COMMISSIONER OSWALT MOVED TO grant preliminary approval of the subdivision of Block 2, Selief Estates, creating Lots 1 - 22, Block 2, Selief Estates, subject to the conditions of approval contained in the staff report dated December 12, 2001, and to grant preliminary approval of the vacation of portions of utility and road maintenance easements in accordance with KIBC 16.60 which are generally located along the Beaver Lake Drive frontage and ranging in width from ten (10) to fifteen (15) feet in width. CONDITIONS OF APPROVAL 1. Obtain a written exception from the applicable standards of KIBC Chapter 16.80 to create dedicated stub streets (Courts A, B and C) in lieu of cul-de- sacs, from the KIB Engineering and Facilities Director and copy same to the Community Development Department. In the alternative, the subdivider has the option of redesigning the subdivision to provide for dedicated cul-de-sacs that conform to the standards of KIBC 16.80. 2. Obtain written approval from the Kodiak Fire Marshal approving a public safety vehicle turning area and copy same to the Community Development Department. In the alternative, the subdivider has the option of redesigning the subdivision to provide for dedicated cul-de-sacs that conform to the standards of KIBC 16.80. 3. Construct a fire hydrant on Beaver Lake Drive at a point neaz the lot line between Lots 1 and 2, subject to review and approval of engineered utility plans by the City of Kodiak Public Works Department. 4. Designate the short flag stem access for Lots 5, 6, 11, 12, 17 and 18 as common access and utility easements to benefit those lots. (If public safety vehicle access is to be provided within the flag stem area, a plat note or on- plat designation will be required to clarify the provision.) 5. Provide street names for the dedicated stub streets or cul-de-sacs. 6. Obtain written approval of engineered water and sewer utility plans from the City of Kodiak Public Works Department prior to constructing water and sewer improvements and copy the written approval to the Community Development Department. 7. Obtain written approval of an engineered drainage plan, including proposed ditch lines, culverts and drainage easements, etc., from the KIB Engineering and Facilities Director and copy same to the Community Development Department. 8. Submit a plan for dumpster pads and mailbox pads for review and approval by the KIB Engineering and Facilities Director. Dumpster pads should be lazge enough to accommodate a maximum twenty (20) foot long dumpster with adequate turning and maneuvering azea for the typical equipment used by the Borough's solid waste contractor. 9. Place the following notes on the final plat as follows: a. "Lots 5, 6, 11, 12, 17 and 18 shall not be further subdivided" b. "Natural drainage across the site shall not be blocked or impeded" 10. Consent of the Assembly, as outlined in KIBC 16.60.060 must be obtained for the vacation of portions of the utility and road maintenance easement located along Beaver Lake Drive. 11. Provide one (1) streetlight per dedicated court, subject to approval of a methodology by KEA to assess the cost of maintenance and electricity to benefiting property owners. The installed light standazd should be designed to limit glaze as viewed from nearby properties (light focused towazds the road/ground). In addition, the light can be photo electrically and/or. motion sensor activated in order to provide an energy efficient solution. FINDINGS OF FACT 1. This plat, subject to conditions of approval, can meet 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 LINDSEY. Regulaz session closed. Public hearing opened: Kevin Arndt, Agent: Went over conditions of approval. Did not agree that fire hydrant should be required. Staff agreed that condition 3 could be amended. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER OSWALT MOVED to amend the motion to change the wording of condition three (3) to read: Subject to Fire Marshal review, construct a fire hydrant on Beaver Lake Drive, if required, at a point near the lost line between Lots 1 and 2, subject to review and approval of engineered utility plans by the City of Kodiak Public Works Department. The amended motion was SECONDED COMMISSIONER LINDSEY. The question was called, and the amended motion CARRIED by unanimous roll call vote. The question was called, and the main motion CARRIED by unanimous roll call vote. B) Case SO1-027. Request for preliminary approval of the subdivision of the northerly portion of US Survey 2878 creating Lots 1, 2, and 3, Kalsin Bay Estates, U.S. Survey 2878 and vacating a portion of the 100 foot wide State of Alaska highway easement in accordance with KIBC 16.60. STAFF indicated four (4) public hearing notices were sent out with none (0) being returned. Staff recommends approval of this request subject to eight (8) conditions of approval. COMMISSIONER WILLIAMS MOVED TO grant preliminary approval to the subdivision of the northerly portion of US Survey 2878 creating Lots 1, 2, and 3, Kalsin Bay Estates, U.S. Survey 2878 and vacating a portion of the 100 foot wide State of Alaska highway easement in accordance with KIBC 16.60, subject to the eight (8) conditions of approval contained in the staff report dated December 4, 2001, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The procedural requirements of ADOT for vacation of State highway easement including disposal of vacated easement portions to adjacent property owners must be satisfied prior to final plat approval. 2. Place a note on the final plat stating: "The pond area on Lot 1 defined by easterly edge of the Chiniak Highway easement, the northerly edge of the State highway easement bisecting proposed Lot 1, and the property line common to proposed Lots 1 and 2 is designated as a "non-developable" area so long as the highway easement is located in its present location and the pond area remains less than the two (2) acre minimum required for the RNC zoning district." 3. Place a note on the final plat stating: "The portion of the northerly half of U.S. Survey 2878 rezoned to RNC Rural Neighborhood by Ordinance #2001-9 corresponds to Lot 1. 4. Place a note on the fmal plat stating: "Further subdivision Lot 1 will be allowed only if engineering demonstrates the capacity of the land to support septic systems required for multiple commercial uses and/or joint residential- commercial uses." 3. As requested by KEA, plat a thirty (30) foot wide electrical easement on proposed Lot 1 450 feet long adjacent to the rear (southerly) lot line, and a thirty (30) foot wide electrical easement approximately 335 feet long adjacent to the State highway easement (Chiniak Highway) at the front of proposed Lot 1, as indicated. 4. As requested by ACS, designate the sixty (60) foot wide roadway easement within the subdivision as a utility easement also. 5. Rectify the discrepancy between the original acreage of entire U.S. Survey 2878 (159.47 acres) and the total of the southerly portion of U.S. Survey 2878 (91.49 acres, per Plat 96-34) and the notherly portion of U.S. Survey 2878 (65.1 acres), totaling 156.6 acres, as indicated on this preliminary plat prior to fmal plat approval. Rectify, also, discrepancy in bearings for identical lot lines between Plat 96-34 and this preliminary plat. 6. Delete the name "Beach Road" from the final plat. The State highway easement should remain unnamed until authorized by Legislative Act. 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 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. C) Case 01-042. Request for amend a conditional use permit to expand the operation of a soil remediation facility by allowing the construction of a covered soil storage facility and to extend the time period of operation for a previously approved soil remediation facility operation located on Lot 34, U.S. Survey 2539. Bruhn Point, Womens Bay. 12715 Chiniak Highway. STAFF indicated nine (9) public hearing notices were mailed for this case with none (0) being returned. Staff believes that this request to expand the scope of operation of the soil remediation facility by constructing aseventy-two by one hundred and twenty (72 x 120) foot "Coverall" structure on a concrete pad according to the engineered plans dated as received on November 23, 2001, and to extend the period of operation of the CUP to October 1, 2004, is reasonable. Operations will remain controlled by ADEC regulations according to an approved operations plan as well as subject to Coastal Management Plan review. Staff recommends that the conditions of approval adopted for Case 01-030 be reaffirmed, as amended for this request, for the structural development and time extension. Staff also recommends that condition of approval #5 stating that "no soil can be brought from off the Kodiak Archipelago for soil remediation at this facility operating under this CUP" be emphasized as well as reaffirmed. This request meets the conditions necessary, as reflected in the fmdings of fact, for an expansion of the expanded CUP to be approved under Chapter 17.67 (Conditional Use Permits) of the Borough Code COMMISSIONER BOEHLAND MOVED TO approve revisions to the conditional use permit granted by the Commission on July 18, 2001 (Case 1-030) in accordance with KIB Code Section 17.13.040.H which will expand the operation of a soil remediation facility on Lot 34, U.S. Survey 2539 at Bruhn Point by allowing the construction of a 72 ft. by 120 ft. covered soil storage structure on a concrete pad and by extending the time period of operation until October 1, 2004; subject to nine (9) conditions of approval contained in the staff report dated December 11, 2001; and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1 This CUP approval is granted subject to written approval by ADEC of an operations plan as specified by 18.AAC.78.273 and 18.AAC.75.365 detailing a facility diagram and process description, and addressing contaminated soil containment, site monitoring procedures, confirmation sampling of treated soil, initial assessment of background contamination, and closure assessment. Failure to process soils according to ADEC's satisfaction will invalidate this CUP. 2 Strict compliance with the applicable coastal consistency determination from the Division of Governmental Coordination (DGC) and with applicable Alaska Coastal Management (RCMP) review requirements based on that determination. 3 An engineered fill plan must be submitted for approval prior to utilization of remediated soil for fill on site. 4 To ensure protection of adjacent tidelands, strict compliance with the State's Wastewater Disposal Regulations (18 AAC 72.600) addressing soil storage and treatment cells, and with the EPA's Spill Prevention Control and Countermeasure Requirements addressing fuel storage tanks is required. 5 No soil can be brought from off island for remediation at this facility under this CUP. 6 This CUP is valid only until October 1, 2004 Se-~t~b~r~-3-1~~ unless renewed prior to that by the Commission at public hearing. Any expansion or enlargement in scope of the operation beyond what has been specifically described in the CUP application narrative date stamped as received in the Community Development Department on December 29, 2000, and as expanded after public hearing according to the narrative and site plan date stamped as received in the CDD on June 22, 2001, and as further expanded and extended after public hearing according to the engineered plans dated November 23, 2001 and the letter narrative from the applicant's agent dated December 4, 2001 is not permitted unless first approved by the Commission at public hearing. 7 The contaminated soil storage site will not exceed 40 ft. by 200 ft. as indicated on the revised. site plans dated June 22, 2001 and November 23, 2001, and at no time will more than 15,000 tons (approximately 10,000 cubic yards) of contaminated soil be stockpiled there. 8 When facility operation is underway, a quarterly report of volume of contaminated soil remediated will be submitted to the CDD for inclusion into the file. 9 The soil remediation facility will be removed from the property and the site cleaned up consistent with ADEC plan approval by December 31, 2~~ 2004, unless the CUP is extended by the Commission. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Strict application of the controls and safeguazds required by the conditions of approval will ensure preservation of the value, spirit, chazacter and integrity of the surrounding area. This property is well suited for the proposed activity, well away from any residential neighborhood and with good traffic access. State statues exercise strict control over offsite and portable contaminated soil treatment facilities, including approval by the State Department of Environmental Conservation (ADEC) of an operations plan before the facility can be assembled and placed in operation, and before any contaminated soil can be delivered to a site 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan and other supporting documentation, it appears that, with the requirement for compliance with an operations plan approved by ADEC, the conditional use permit will fulfill all other requirements of Chapters 17.67 and 17.13 of Borough Code. Parking and vehicular circulation requirements aze satisfied, and good access and visibility exists for truck ingress and egress to and from the highway. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. ADEC will approve the operations plan only with a determination that the operations aze protective of human health, safety, and welfaze, and of the environment. CUP approval granted subject to approval of the operations plan by ADEC will provide a measure of assurance that concerns about human and environmental health and welfare aze satisfactorily addressed. Also required by ADEC is an engineered Surface Water Management Plan and a quality assurance plan to guarantee only petroleum contaminated soils containing no toxic waste are brought to the site for remediation. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The Commission can require whatever screening or buffering it finds appropriate to preserve the value, spirit, character and integrity. of the surrounding azea. In this case, staff has not found it necessary to recommend buffering or screening since there aze essentially no other adjacent uses and the treatment cell operations site is at least one hundred (100) feet back from the public road. The motion was SECONDED by COMMISSIONER OSWALT. Regulaz session closed. Public hearing opened: Kevin Arndt, Agent: Was available for any questions. Questioned wording on condition of approval 5. Staff agreed wording could be changed. Hearing and seeing none. Public hearing closed. Regulaz session opened: COMMISSIONER LINDSEY MOVED to amend the main motion to correct the wording of condition 5 to read: No soil can be brought from outside the Kodiak Island Archipelago for remediation at this facility under this CUP. The amended motion was SECONDED by COMMISSIONER OSWALT. The question was called, and the amended motion CARRIED by unanimous roll call vote. The question was called, and the motion CARRIED by unanimous roll call vote. D) Case 01-041. Request for variance, in accordance with KIB Code Section 17.24.040, in accordance with KIBC Chapter 17.66, to permit the construction of a second story office on an existing building foundation which is located entirely within the thirty (30) foot front yard setback required in the I-Industrial zoning district. Generally located above the Chiniak Highway, neaz Shannon Point. STAFF indicated that two (2) public hearing notices were sent with none (0) being returned. Staff believes that this request meets all the conditions necessary, as reflected in the findings of fact for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. COMMISSIONER LINDSEY MOVED TO grant a variance from KIBC 17.24.040 to permit the adaptive re-development and use of an existing petroleum storage tank foundation that is located entirely within the 30 foot front yard setback in the I-Industrial zone, on Lot 11, Seaview Subdivision, and which encroaches approximately 12 feet into the Chiniak Highway right-of--way, subject to the conditions of approval contained in the staff report dated December 12, 2001, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The property owner must obtain written approval from the Alaska Department of Transportation and Public Facilities for the twelve (12) foot (+/-) encroachment of the petroleum tank foundation into the Chiniak Highway right-of--way prior to obtaining zoning compliance for redevelopment. FINDINGS OF FACTS 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. Lot 11 is slope affected with an average slope of about 45%, which is extremely steep for most practical purposes (measured from the edge of the Chiniak Highway right-of--way to the top of the lot). It was believed that the lot was developable for industrial purposes at the time it was created, however the interpretation of the setback line for calculating setbacks has evolved since the subdivision was created. Another exceptional circumstance is the location of the existing foundation. It is an encroachment of the front setback that is "grand fathered" because it predates the adoption of current Borough regulations. It was the site of a petroleum storage tank that was constructed sometime during the military occupation of Kodiak. 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 require demolishing the existing foundation and building farther upslope of the existing site. This represents a substantially greater investment to the applicant who acquired the site under an understanding that the existing foundation was "grand fathered" nonconforming and that a variance could be obtained for the redevelopment of the existing foundation. To be denied reasonable use of the existing foundation would result in an unnecessary hardship since the foundation itself will remain where it has been since probably the 1940's encroaching the front yard setback. 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. Subject to ADOT/PF approval, it does not appear that the location of the proposed development will have a detrimental effect on the transportation and industrial uses in the area. The existing foundation is substantial in its own right and it has been in its current location for many years. No complaints or conflicts have been recorded for the existing foundation structure on Lot 11. The proposed office/commercial use is allowed in the I-Industrial zone. It does not appear that grant of the variance will be detrimental to public health, safety, and welfare. In at least four (4) other cases variances have been granted in Bells Flats/Russian Creek to permit construction on preexisting military foundations that encroached required setbacks (Case 279-A in 1973; Case 85-038 in 1985; Case 93-001 in 1993 and Case 99-003 in 1999). 17 66 050 A 4 The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The subject site is included as an amendment into the 1968 Comprehensive Plan, prior to the adoption of the Womens Bay Comprehensive Plan. The site shares more in common with the Bells Flats/Russian Creek area and should perhaps at some time be included in the revised plan for that azea. The Womens Bay Comprehensive Plan encourages the adaptive re-use of pre-existing foundations left over from military facilities long taken out of service. It is recognized that many of these leftover foundations do not related to current day subdivision boundaries. To the extent that other variance standards are met and the proposed development will not impact other existing and planned land uses in the azea, this standazd is met on the basis of the Womens Bay Comprehensive Plan policy. 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 property owner has not begun construction of the project and has not caused special conditions or financial hardship from which relief is being sought by variance. 17 66 050 A 6 That the granting of the variance will not permit a prohibited land use in the district involved. Office/Commercial use of a structure is permitted in the I-Industrial zoning district. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Janet Johnson, Applicant: Stated she has no problem with condition of approval. 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 1) Need to appoint a Commissioner to the Parks and Recreation Committee. COMMISSIONER BOEHLAND agreed to represent the Planning & Zoning Commission on the Parks and Recreation Committee. COMMISSIONER SELIG MOVED to accept New Business as presented. The motion was SECONDED by COMMISSIONER WILLIAMS. The question was called, and the motion CARRIED by unanimous voice vote. IX. COMMUNICATIONS A) Letter dated November 19, 2001 from Martin Lydick to Lenhart Grothe regarding notice of violation, determination of junkyard. B) Letter dated November 19, 2001 from Martin Lydick to Phillip Ferris regarding notice of violation, determination of junkyard. C) Letter dated December 3, 2001 from Martin Lydick to Mr. & Mrs. Anthony & Paulette Will regarding thank you for correcting zoning violation. D) Letter dated December 3, 2001 from Martin Lydick to Mr. Stanley Van Matre regarding courtesy and advisory notice. There were no further communications. COMMISSIONER BOEHLAND MOVED TO ACKNOWLEDGE RECEIPT of item A through item D of Communications. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. X. REPORTS STAFF reported the following meeting schedule: • =Packet review work session at 7:30 p.m. January 16, 2002 in the Borough conference room. • =Regular meeting at 7:30 p.m. January 23, 2002 in the Assembly Chambers. There were no further reports. COMMISSIONER LINDSEY MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER WILLIAMS, and CARRIED by unanimous voice vote. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER OSWALT: Thinks everything went fine. COMMISSIONER BOEHLAND: Wished everyone a Happy Holiday. COMMISSIONER LINDSEY: Sad at Paul Alexander's passing and hopes are with Donna Bell. Wished everyone a Merry Christmas. COMMISSIONER WILLIAMS: Merry Christmas and safe and happy New Year. Thanked people for attending meetings and work sessions and stated she has enjoyed working with the Community Development Dept. COMMISSIONER SELIG: Paul Alexander will be missed. Condolences to family of Paul. God speed to Donna Bell. Merry Christmas. XIII. ADJOURNMENT COMMISSIONER SELIG ADJOURNED the regular meeting. The meeting adjourned at 8:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Clarence Seli , air ATTEST By: Erin Whipple, Secretary Community Development Department DATE APPROVED: , 2001.