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2008-12-17 Special MeetingKodiak Island Borough Planning & Zoning Commission Minutes December i~, 2008 Special Meeting Assembly Chambers CALL TO ORDOR CHAIR KING called to order the December 17, 2008 special meeting of the Planning and Zoning Commission at 6:02 p.m. Chair King called a 15 minute recess to allow for COMMISSIONER JANZ to arrive, and to review the new packet materials provided tonight. ROLL CALL Commissiners Present Excused Absent Others Present Mr. Kin X Bud Cassid ,Director Mr. Watkins X Communi Develo ment De t. Ms. Janz X Sheila Smith Secret Mr. Kersch X Communi Develo ment De t. Mr. Purd X Ms. Harrin on X Mr. Torres X COMMISSIONER WATKINS MOVED to excuse the absent COMMISSIONERS HARRINGTON, PURDY, and KERSCH from tonight's meeting. Voice vote on motion CARRIED 4-0. ~- APPROVAL OF AGENDA COMMISSIONER JANZ MOVED TO APPROVE the agenda of the December 17, 2008 special meeting. Voice vote on motion CARRIED unanimously. APPROVAL OF MINUTES There were no minutes AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS There were no public hearings OLD BUSINESS ~~~ ~;[ a, '} ~ (:.: !; JAN222009 i E: ~_ A. Case 09-007. Request an appeal of a decision in accordance with 17.100.020 that approves an abbreviated plat to re-subdivide Lots 12B-land 13C-1, Block 1, Miller Point Alaska subdivision, 2"d Addition creating Lots 12C, 12D and 13D, Block 1, Miller Point Alaska Subdivision, 2"d Addition. Relief sought by the appellants is to prevent the creation of the additional lot and modification of adjacent parcels for the benefit of this newly proposed lot on the basis that approval of the abbreviated plat will increase the neighborhood traffic volume and cause a negative irrevocable change in neighborhood character. The re-subdivision and reconfiguration of the adjacent parcels will create lots that are too narrow to adequately provide access to and from these modified parcels. The location is 4296 and 4304 P&Z Special Meeting Minutes December 17, 2008 Page 1 of 3 r Cliffside Road, and it is zoned R2-Two Family Residential. The appellant's are Solveig Christenson & Randy Schick. CHAIR KING informed the audience that the decision of the Commission is final unless appealed and explained some of their appeal rights. Cassidy gave a brief staff report stating that because of the confusion at the November 19`h meeting the commission postponed any decision to the December meeting. Staff was asked to follow up with the attorney on how to proceed and the attorney's advice was the commission is in control of any action, and he advises for resolving what went on at the last meeting is by voting on a single motion that's consistent with KIB 16.100.040 and that motion is "move to reverse the community development department director's decision. The attorney also cautioned that your action must be based on the appeal record and any written or oral argument that you received at last month's meeting. Cassidy also stated you will be making the decision primarily from the record. COMMISSIONER JANZ MOVED to approve the reversal of a decision of the community development department director in approving the abbreviated plat. COMMISSIONER WATKINS expressed concern about approving the plat that makes 2non-compliant lots: Lot 12C for lack of enough front yard setback, and Lot 13D because there is a building in the front yard setback. FINDINGS OF FACT [A] This request for an abbreviated plat meets all the design criteria of KIBC 16.40.050. [B] The abbreviated plat meets the eligibility requirements of KIBC 16.30.020. [C] This abbreviated plat shall not: 1. Allow a change in the permitted use to which the lot or tract.may be devoted under existing zoning; 2. Alter or vacate a dedicated street, right-of--way, or other public area, or require additional dedication 3. Deny adequate access to and from all lots or tracts created by the subdivision or those adjacent to it; or 4. Create a residential lot smaller than the minimum size for the zoning district. Roll call vote motion FAILED 2-2. Due to not having a prevailing side of four votes the community development director's decision is affirmed. Ayes - COMMISSIONER WATKINS and COMMISSIONER JANZ. Noes -CHAIR KING and COMMISSIONER TORRES. NEW BUSINESS There is no new business COMMUNICATIONS There is no communications REPORTS B. Meeting Schedule: • December 17, 2008 regular meeting at 7:30 pm in the Assembly Chambers • January 14, 2009 work session at 7:30 pm in the KIB Conference Room • January 21, 2009 regular meeting at 7:30pm in the Assembly Chambers AUDIENCE COMMENTS Kirk Rasmussen commented on how the borough attorney continues to detract from the KIB code regarding his re-plat and instructing the commission to re-vote without a public hearing, and he felt many of his neighbors' concerns could have been addressed if the code had been followed. P&Z Special Meeting Minutes December l 7, 2008 Page 2 of 3 Mike Sirofchuck stated he is disappointed in the commission's decision and in hearing the lots were non- compliant he wonders why it was approved. He also quoted a phrase from the boards training which is "When you make decisions or recommendations on Boards we should be thinking of not the quarter, but the quarter century" and he feels the decision made tonight didn't take into account the quarter century. Solveig Christensen stated she is disappointed in the commission's decision. She also said she was advised by the borough to stay general in her testimony but after public testimony was akeady taken the commission still had specific questions. She gave background information of how she came to appeal the Rasmussen plat and she feels the neighborhood character wasn't considered. CHAIR KING stated the Planning & Zoning Commission's decision may be appealed to the Assembly within 10 working days after adopting Findings of Fact are adopted by submitting written notice of appeal specifically stating the reasons for the appeal and the relief sought. Leon Francisco stated he spoke to Cassidy at length and sent in a letter last month regarding the subdivision, and he stated there are a lot of people depending upon the commission's moral vote. He urged the commission to think beyond the law because there are a large number of people against it and if you have looked at the site to see what is happening you may change your mind. Pete Danelski gave background to the development starting in 1972 stating there was only 1 other house in the neighborhood. His major concern is if there are 5 multiple dwelling units you will have as many as 20 to 25 cars potentially using one driveway, and the duplex renters would park along Parkside Drive because cars would slide on the driveway which makes it harder for the traffic on Parkside. COMMISSIONER'S COMMENTS COMMISSIONER JANZ said she is feeling frustrated but we, as a commission, go with our decision and she empathizes with the people who spoke. COMMISSIONER TORRES said having just gotten on the commission he has been involved with following borough code he but never realized there are so many problems with them and as a commission they need to correct the codes as soon as possible. CHAIR KING said this case really brought out a lot of problems with the code and he expects their ruling to be challenged and hopefully it will push some things to be done. COMMISSIONER WATKINS said he is happy to see everyone here tonight and everyone's efforts are very much appreciated. ADJOURNMENT COMMISSIONER TORRES MOVED to adjourn the December 17, 2008 Planning & Zoning special meeting. Voice vote on motion CARRIED 4-0. With no objection, the chair adjourns the meeting at 6:55 p.m KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION c ~ By: - ATTEST By: ~~ .~ Lit ;~-~ DATE APPROVED: January 21, 2009 P&Z Special Meeting Minutes December 17, 2008 Page 3 of 3