2009-08-19 Regular Meeting i
SC r
KODIAK ISLAND BOROUGH 'l'4
PLANNING & ZONING COMMISSION '-1'SEP 2 4:E2-009
REGULAR MEETING I
MINUTES '
August 19, 2009 Assembly Chambers
CALL TO ORDER
CHAIR KING called to order the August 19, 2009 regular meeting of the Planning and Zoning
Commission at 7:30 p.m.
ROLL CALL
Commissioner's present were Casey Janz, Dave King, Alan Torres, and Lori Ryser. Staff present
was Bud Cassidy, Community Development Director and Sheila Smith, Community
Development Secretary.
A quorum was established.
COMMISSIONER JANZ MOVED to excuse COMMISSIONERS Bill Kersch, Brent Watkins,
and Jennifer Vickstrom.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA
COMMISSIONER TORRES MOVED to approve the August 19, 2009 Planning & Zoning
agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
COMMISSIONER JANZ MOVED to approve the July 15, 2009 Planning & Zoning Regular
Meeting Minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments and appearance requests.
PUBLIC HEARINGS
A) Case S09 -020. Request preliminary approval, according to KIBC, of the subdivision of a
portion of U.S. Survey 2538A creating Tracts A & B, U.S. Survey 2538 and dedicating an
additional 20' of right -of -way for Hillside Street.
Cassidy gave a brief staff report stating the applicant has withdrawn the request.
COMMISSIONER RYSER MOVED to accept the withdrawal request for Case S09 -020.
The public hearing was opened & closed. There were no public comments.
ROLL CALL VOTE ON MOTION CARRIED 4 -0: Janz, King, Torres, and Ryser.
August 19, 2009 P &Z Minutes Page 1 of 4
B) Case 09 -020. Request a rezone, according to KIBC 17.72.030 and 17.72.030.C, of
proposed Tracts A & B, U.S. Survey 2538A, from C- Conservation to R1- Single Family.
(Related to Case S09 -020).
Cassidy gave a brief staff report stating the applicant has also withdrawn this request.
COMMISSIONER JANZ MOVED to accept the withdrawal request for Case 09 -020.
The public hearing opened & closed. There were no public comments.
ROLL CALL VOTE ON MOTION CARRIED 4 -0: Janz, King, Torres, and Ryser.
C) Case 09 -022. Request a variance, according to KIBC 17.70.050.0 and 17.195 (Variance),
to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet
into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot
residential addition and a 22 by 26 foot garage addition to the main dwelling which will
similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the
RR1 -Rural Residential One zoning district.
Cassidy gave a staff report stating this request meets all the conditions necessary for a variance
and staff recommends approval.
COMMISSIONER TORRES MOVED to grant a variance, according to KIBC 17.70.050.0 and
17.195 (Variance), to allow an existing 24 by 24 foot two -story single - family dwelling on Lot 1,
Block 4, Mountain View 2n Addition, to encroach 10.02 feet into the required 20 foot rear yard
setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage
addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot
rear yard setback required in the RRl -Rural Residential One zoning district, subject to the
conditions of approval included in the staff report dated July 30, 2009 and to adopt findings
contained in the staff report as "findings of fact" for this case.
The public hearing was opened & closed. Stephen Schrof called in to speak in support of his
request. Mickey Crawford spoke opposing this request.
During discussion COMMISSIONER JANZ asked Crawford for clarification as to what is
encroaching on her property and Crawford stated there is a shed that is very close if not over the
property line and their driveway goes over the property line. CHAIR KING asked Schrof to
respond to the question also. Schrof stated there is a 2x3 piece of wood to put firewood under
but nothing is encroaching onto the Crawford property. In response to COMMISSIONER
RYSER'S inquiry, Crawford stated she can see Schrof's house and she does utilize the property
adjacent to Schrof's which has a shop close to the bottom of Devil's Prong. Crawford stated that
Schrof had told her that the wood structure would be moved. She also stated that Schrof has a
full acre of land and she doesn't understand why it has to be abutted next to her property line
with a variance. COMMISSIONER TORRES expressed concern over the variance request being
for an existing structure and also a variance for a new structure. Cassidy stated what is
important is that the existing building is sitting in the setback but it is grandfathered so it is a
legal structure, and what is requested is a variance for the addition but staff thought that we
will bring them both up to current code by granting a variance for the whole structure. Cassidy
also stated whichever property line is the shorter one would be determined to be the front due
to it being on Devil's Prong and Three Sisters. Crawford requested a postponement to allow
Schrof and herself to come to an agreement on the surveying of the one property line. Schrof
asked Cassidy for clarification of whether or not the existing structure is grandfathered because
the 2 planners in the department told him it was not grandfathered and he needed to seek a
August 19, 2009 P&Z Minutes Page 2 of 4
variance for the existing structure. In response to Schrof's inquiry, Cassidy stated it became
clear in the research leading up to drafting this case that the existing structure is grandfathered.
ROLL CALL VOTE ON MOTION FAILED DUE TO A LACK OF A MAJORITY VOTE. King,
Torres, and Ryser (Ayes). Janz (Noe).
D) Case 10 -001. Request a review and recommendation of the 2010 — 2014 Capital
Improvement Projects.
Cassidy gave a brief staff report and recommends the commission take it home to review and
edit and bring it back for approval at the September regular meeting.
COMMISSIONER TORRES MOVED to postpone Case 10 -001 until the September regular
meeting.
The public hearing was opened & closed. There were no public comments.
During discussion, it was the consensus to have a special work session on September 2 to
work on the CIP list and meet with the Trails Master Plan consultants.
ROLL CALL VOTE ON MOTION CARRIED 4 -0: Janz, King, Torres, and Ryser.
OLD BUSINESS
There was no old business.
NEW BUSINESS
There was no new business.
COMMUNICATIONS
A) Letter of Courtesy & Advisory dated July 2, 2009
B) Subdivision Waiver Letter dated July 14, 2009
C) Letter re: Perenosa Drive Right -of -Way dated August 6, 2009
D) Letter dated July 31, 2009
Cassidy gave a brief staff report on communications.
COMMISSIONER JANZ MOVED to accept communications as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY: Janz, King, Torres, and Ryser.
REPORTS
A. Meeting Schedule:
• September 9, 2009 work session at 7:30pm in the KIB Conference Room.
• September 16, 2009 regular meeting at 7:30pm in the Assembly Chambers.
B. Minutes of Other Meetings
• July 14, 2009 Parks & Recreation Committee Meeting Minutes
Cassidy gave a brief staff report on reports.
COMMISSIONER TORRES MOVED to accept reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
August 19, 2009 P &Z Minutes Page 3 of 4
AUDIENCE COMMENTS
There were no audience comments.
COMMISSIONER'S COMMENTS
COMMISSIONER JANZ encouraged the public to give comments on the Capital Improvement
Projects either at the P&Z work session or regular meeting, the Assembly, or the Parks &
Recreation Committee meetings.
Cassidy stated Smith put the nomination form and a News Flash on the website.
COMMISSIONER TORRES said Case 09 -022 that failed tonight is just another scenario that
goes to show that neighbors really should talk before they bring these cases to the P&Z. He said
he hasn't been on the commission for long but he's seen where the neighbors don't talk are
usually the worst cases to deal with.
CHAIR KING stated for those of you who haven't been through the CIP process, the first page
kind of explains how we rate each project. They are given a score and the scores are added up
which the highest scores get moved up to the top of the list. The codes for the funding sources
are also listed.
ADJOURNMENT
COMMISSIONER JANZ MOVED to adjourn the August 19, 2009 Planning & Zoning meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
CHAIR KING adjourned the meeting at 8:27 pm.
KODIAK ISLAND BOROUGH
P ING & ZONING •MMISSION
By 3
Dave King, Chair
ATTEST
By: P
Sheila Smith, Secretary
APPROVED: September 16, 2009
August 19, 2009 P&Z Minutes Page 4 of 4