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2008-09-17 Regular MeetingKodiak Island Boroughs - ~, Planning & Zoning Commf Scion ~ ~ L~~~ Meeting Minutes, `, ~ OCT 2008 Regular Meeting t Assembly Chambers CALL TO ORDER VICE CHAIR WATKINS called to order the September 17, 2008 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL Commissioner Present Absent Excused Others Present Mr. Kin X Bud Cassid Mr. Watkins X Communi Develo ment Ms. Janz X Sheila Smith Mr. Kersch X ~ Communi Develo ment Mr. Juen er X Mr. Purd X Ms. Harrin ton X A quorum was established. COMMISSIONER KERSCH MOVED to excuse CHAIR KING and COMMISSIONERS PURDY and HARRINGTON. COMMISSIONER JUENGER SECONDED the motion and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED to approve the agenda. The motion was SECONDED by COMMISSIONER KERSCH and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER JANZ stated COMMISSIONER JUENGER and COMMISSIONER HARRINGTON were excused at the August 20`h meeting. COMMISSIONER JANZ MOVED to approve the amended minutes of August 20, 2008. The motion was SECONDED by COMMISSIONER KERSCH and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A. Case 509-005. Request Preliminary approval, in accordance with KIBC 16.40, of the subdivision of Lot 3, Kalsin Bay Estates, creating Lots 3A though 3E, Kalsin Bay Estates. The applicant is Wayne Sargent. The location is Kalsin Bay Estates, Lot 3, USS 2878, and it is zoned C-Conservation. Kodiak Island Borough P&Z Work Session September 17, 2008 Page 1 of 4 Cassidy gave a brief staff report COMMISSIONER JANZ MOVED TO POSTPONE Case S09-005 until the October 15, 2008 meeting. The motion was SECONDED by COMMISSIONER KERSCH. Close regular meeting: Open public hearing: Mike Sirofchuck, Chair of Parks & Recreation Committee, stated their concern is that the public access is maintained for all the recreational areas at the Olds River mouth and Kalsin Bay Beach. Grant Shields, agent, spoke in support of this request. Close public hearing: Open regular meeting: The commission had a brief discussion. The question was called and it CARRIED 4-0. B. Case 09-002. Request for a rezone, according to KIBC 16.40, of certain areas within proposed Tract F within U.S. Survey 2261 and U.S. Survey 4947 from C-Conservation to LI- Light Industrial. The applicant is the City of Kodiak. The location is Near Island, and it is zoned C-Conservation & LI-Light Industrial. Cassidy gave a staff report. COMMISSIONER KERSCH MOVED TO POSTPONE case 09-002 until the October 15, 2008 meeting. The motion was SECONDED by COMMISSIONER JANZ. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: The question was called and it CARRIED 4-0. C. Case 09-003. Request for an appeal, in accordance with KIBC 17.90.010(B), of an administrative order to discontinue an unlawful business use in a Rural Residential One zoning district (welding) and a finding that the activity on Lot 5, Natalia Subdivision does not meet the standards of 17.06.320 (home occupations). Cassidy gave a staff report. COMMISSIONER JANZ MOVED to reverse the Administrative Notice of Violation relating to the conduct of a Home Occupation in violation Paragraph "F" per Kodiak Island Borough Code 17.06.32. The motion was SECONDED by COMMISSIONER KERSCH. Close regular meeting: Open public hearing: Cassidy, Community Development Department Director, stated the zoning rules and regulations were adopted to try to separate incompatible uses. The Residential zone is where people can live in peace and harmony. There are certain uses are allowed to occur and are generally limited in a manner that does not impact neighbors. A home occupation is allowed where they do not produce and created noise, vibration, glare, fumes, or Kodiak Island Borough P&Z Work Session September 17, 2008 Page 2 of 4 ~ ~ odors that are detectible to the normal senses off the lot. There has been a complaint made and the zoning enforcement officer investigated the complaint and his stand is the activity that is occurring is beyond what is allowed in the Borough Code as far as a home occupation and certainly beyond what we think should occur in a residential area. The kinds of things occurring are welding, grinding, painting, and manufacturing trailers. The code requires home occupations are to occur inside the structure, and as you can see that activity is occurring outside. This activity is not done on an occasional basis; this is actually a business and the gentleman has a license with the State of Alaska to conduct business. COMMISSIONER JANZ asked if the observations made by staff. Cassidy stated staff has been out there but staff hasn't witnessed the activity directly because it generally occurs on weekends or after 5:00 p.m. We haven't witnessed the activity firsthand but you have photos and complaints from neighbors. Cassidy stated one of the issues brought up was the congestion that occurs in the right-of--way of the road, and generally those are for snowplowing and parking. Cassidy stated he has not seen any equipment or manufactured product in the right-of--way since we have had conversations with the appellant. Cassidy stated he hasn't seen the appellant here tonight. Close public hearing: Open regular meeting: The commission had a brief discussion. The question was called and it FAILED 4-0. FINDINGS OF FACT [ 1 ]The Appellant engaged in metal fabrication activities within the rubric of a Home Occupation as defined by Kodiak Island Borough Code 17.06.320. [2] During the course of the conduct of the home occupation, the Appellant created noise, vibration, glare, fumes, or odors detectable to the normal senses off the lot. [3] The conduct of the home occupation, in the manner complained of, violates the prevailing "neighborhood standard" and is properly ordered to cease per Kodiak Island Borough Resolution 90-26, page 3, [2] -Neighborhood Standards. COMMISSIONER JANZ MOVED to adopt the findings of fact found in the staff report dated August 28, 2008 as Findings of Fact in support of the commission's decision. The motion was SECONDED by COMMISSIONER KERSCH and it CARRIED 4-0. OLD BUSINESS There was no old business NEW BUSINESS There was no new business COMMUNICATIONS A. Notice of Violation dated September 9, 2008 Cassidy gave a brief report explaining the complaint enforcement process. Kodiak Island Borough September 17, 2008 P&Z Work Session Page 3 of 4 COMMISSIONER KERSCH MOVED to accept communications. The motion was SECONDED COMMISSIONER JANZ and it CARRIED by unanimous voice vote. REPORTS A. Meeting Schedule: • September 20, 2008 special meeting at noon in the Larsen Bay School Gymnasium, Larsen Bay • October 8, 2008 work session at 7:30 p.m. in the KIB Conference Room • October 15, 2008 regular meeting at 7:30 p.m. in the Assembly Chambers. B. Abbreviated Plat & Final ApprovaUDenial Cassidy gave a brief report on the meeting schedule and abbreviated plats. COMMISSIONER JANZ MOVED TO ACCEPT the reports. The motion was SECONDED by COMMISSIONER KERSCH and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS There were no audience comments COMMISSIONER'S COMMENTS COMMISSIONER JUENGER stated he will miss the October work session but will be here for the regular meeting. ADJOURNMENT The meeting was adjourned at 8:10 p.m. KODIAK ISLAND BOROUGH PLA G AND ZOI\ ING COIv~ SION By. Dave King ATTEST By: ~5'l'letS~ C'~~rn C~~ Sheila Smith, Secretary Community Development Department DATE APPROVED: October 15, 2008 Kodiak Island Borough P&Z Work Session September 17, 2008 Page 4 of 4