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2009-09-16 Regular Meeting KODIAK ISLAND BOROUGH n) �ti� �,� ,' PLANNING & ZONING COMMISSI 1l,= ` 1 -% MINUTES �: DEC 1 6 2009 September 16, 2009 Assembly Chambers - -� bl)rgiU .h GLd S OI FiCE CALL TO ORDER Call to order the September 16, 2009 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL Commissioners present were Brent Watkins, Dave King, Bill Kersch, Alan Torres, and Lori Ryser. Excused commissioners were Jennifer Vickstrom and Casey Janz. Staff present was Bud Cassidy, Community Development Department Director and Sheila Smith, Community Development Department Secretary. A quorum was established. COMMISSIONER WATKINS MOVED to excuse COMMISSIONERS JANZ AND VICKSTROM. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA COMMISSIONER TORRES MOVED to approve the September 16, 2009 Planning & Zoning agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED to approve the August 19, 2009 Planning & Zoning Regular Meeting Minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Steve Schrof spoke regarding the denial of his Variance request Case 09 -022 and expressed concern that the commissioner did not render a decision based on facts but by hearsay. Micky Crawford spoke in response stating the surveyor will be staking the property line and she prefers that this denial stays in affect so the applicant will build away from the property line. PUBLIC HEARINGS A) Case 10 -001. Request preliminary approval, according to KIBC 16.40, of the subdivision of Native Allotment AA7118, Parcel A, Lot 3, T2OS R21W, Sections 26 & 35, Seward Meridian creating Lots 1 — 6, Laurel Louise Earl Subdivision. The location is Larsen Island, Lot 3. The applicant is Laurel L. Earl, and the zoning is C- Conservation. Cassidy stated the revised plat now meets the requirements and the applicant have agreed to put a plat note that addresses the need for engineered septic systems and a plat note that addresses guaranteeing people's unobstructed right to go across which DNR believes it to be sufficient. The Department of Natural Resources Navigability section said that they will enforce and assert State rights to navigable waters in that area. With these changes staff recommends approval of this plat. September 16, 2009 P&Z Minutes Page 1 of 6 In response to COMMISSIONER TORRES inquiry, Cassidy stated he will provide the commissioners with the condition of approval wording approved by DNR. COMMISSIONER WATKINS MOVED to grant preliminary approval, according to KIBC 16.40, of the subdivision of Native Allotment AA7118, Parcel A, Lot 3, T2OS R21W, Sections 26 & 35, Seward Meridian creating Lots 1 - 6, Laurel Louise Earl Subdivision, subject to two (2) conditions of approval, and to adopt the findings in that staff report dated September 16, 2009 as "Findings of Fact" for case S10-001. The public hearing was opened & closed. Public comments were taken by: Smith read Petrina Peterson's 2 opposition letters (provided in packet) into the record as requested. Speaking in favor of the request Darren By ler, potential buyer, spoke in favor of the request stating he and his wife are looking for somewhere to live, and the dock and vessel are now being permitted by the Army Corp of Engineers. Mark St. Denny stated if there are questions for Earl she is available. Speaking in opposition to the request was Margaret Short, Brenda Schwantes, Bruce Short, Sara Short, Susan Payne, Lila Schwantes, Martha Randolph, and Tom Schwantes who all expressed concerns regarding the waste and water issues, the geological and ecological characteristics, maintaining access through the passageway, and the need for a comprehensive plan for the Anton Larsen area with strong standards. In response to COMMISSIONER TORRES inquiry, By ler stated it is a floating dock and it's placed abutting the southwest shoreline on the little island, tied to the trees and out of the way to the access. COMMISSIONER WATKINS asked Cassidy to explain the lot widths and percolation tests. Per COMMISSIONER WATKINS request, Cassidy stated the resolution of the percolation test is a plat note that requires an engineered septic system. The State of Alaska designs a septic system and if there are issues with the bedrock being too close to the surface then you would build a mound system. There are alternatives such as compost toilets. Cassidy stated with the lot widths you don't take the outside of the meander lines, you draw a line from the corners and take the mid-point of both lines and that mid-point has to be 250 feet. Mr. St. Denny has brought in a plat that shows the subdivision where it meets the 250 foot Conservation Zone lot width requirement. In response to CHAIR KING'S inquiry, Cassidy said staff is sure the new plat meets the 250 feet plus the 5 acre requirement. COMMISSIONER WATKINS announced the borough codes will be re-written and encouraged the public to participate in the process. Watkins expressed concern regarding the access point because he's been through it in a variety of small boats. He also said the percolation tests are required and will be dealt with and the issue of not having water is a problem that many people have island wide. Watkins requested from Cassidy the language for a 3 condition addressing the access. Cassidy stated DNR reviewed the language and felt it was well written. Brief discussion on adding and making changes to staff's conditions of approval. In response to TORRES' inquiry, Cassidy stated the land remains with the owner but the navigable water is public, which is the distinction. The applicant proposed the 40 foot public access easement and will have a plat note for the rights of navigation. September 16, 2009 P&Z Minutes Page 2 of 6 In response to COMMISSIONER KERSCH'S inquiry, whether the 1.2 foot high tide change will change the plat, Mark St. Denny stated the actual boundary is the mean high tide water mark and was established in the 1995 survey, plat no. 95 -21 so it will not affect it. The contours developed were from a NOAA tide and current chart for Kizhuyak Bay. CONDITIONS OF APPROVAL 1. The subdivider must provide conclusive documentary evidence that the lot areas -net of tidal action - meet the zoning district minimum standard of five (5) acres. 2. The subdivider must provide conclusive documentary evidence that the lot widths, as measured according to the procedure in Kodiak Island Borough Code 16.20.130 I, equal or exceed the zoning district minimum standard of two hundred fifty (250) feet and verify tidal baseline prior to final plat. 3. A (40) foot portage public Right -Of -Way will be established with language approved by Alaska Department of Natural Resources at the inter -tidal portion of the isthmus of Lot 1. 4. All septic systems must be engineered to State standards. 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. COMMISSIONER WATKINS MOVED TO AMEND the motion for Case S10 -001 to read subject to the 4 Conditions of Approval and adopt the Findings of Fact. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 5 -0. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5 -0. B) Case 10 -001. A review and recommendation of the 2010 - 2014 Capital Improvement Projects. The location is borough wide. Cassidy gave a brief staff report stating Parks & Recreation Committee has provided their prioritized CIP. COMMISSIONER TORRES MOVED to adopt Planning and Zoning Commission Resolution 2010 -01 recommending to the Borough Assembly a list of Priority Projects for inclusion into the Kodiak Island Borough's five (5) year 2010 -2014 Capital Improvement Program (CIP). The public hearing was opened & closed: Giving public comment was Mike Sirofchuck, KIB Parks & Recreation Committee Chair, spoke in support of the Parks & Recreation CIP list and urged the commission to give careful consideration and adoption the Parks & Rec CIP list. Brief discussion. COMMISSIONER WATKINS expressed concern that most people he's talked to have never heard of the Capital Improvement Projects list and wants to know how we can get the word out better. Cassidy said maybe a special work session or something. In response to WATKINS'S inquiry, Cassidy said he will talk to the borough manager to see if this can be changed to the 2011 list and send it off in January. COMMISSIONER TORRES MOVED to postpone Case 10 -001 until the December 16, 2009 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED 5 -0. September 16, 2009 P&Z Minutes Page 3 of 6 OLD BUSINESS A) Case 09 -022. Adopt Findings of Fact in support of the commission's decision to deny a 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 propose 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. The location is 1943 Three Sisters Way, and the zoning is RR1 -Rural Residential One. Cassidy gave a brief staff report and stated tonight you will adopt Findings of Fact. COMMISSIONER TORRES MOVED to adopt the findings contained in the memorandum dated August 31, 2009 as "Findings of Fact" in support of the denial of variances in Case 09 -022. Brief discussion. FINDINGS OF FACT 17.66.050 A.I. 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. The property is slope affected such that it has an average slope of about 28 %. In addition, the lot has a designated yard setback on the plat of record which requires 25 feet of setback along all road frontages. Given that this lot is surrounded by road right -of -way on three sides, this is a fairly substantial yard setback requirement that exceeds what would normally be required under the current zoning. The petitioner wishes to make use of the best developable area on the lot which happens to be located near to the side (rear) lot line for Lot 1. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The existing residential dwelling is nonconforming in its current location. At the time of original lot development, there was a 10 foot side yard setback requirement for this site. Current code interpretation identifies this area as being a 20 foot rear yard. Although staff would normally continue to recognize the nonconforming status as long as the original structure exists, in this case because the variance may grant relief for both existing and proposed structures, there is no detriment to recognizing the current code setback determinations in order to simplify matters somewhat. Denial of the variance would be an unreasonable hardship in this case due to the physical circumstances of the lot as identified briefly in Standard #1. This is due to the slope affected nature of the lot, the location of the existing water well the application of a 25 foot setback around the frontage of the lot and the fact that the lot is surrounded by right -of -way on three sides. 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. Based on the applicable provisions of KIBC 17.150.30.B, (Equipment- Outdoor Storage and Minor Structural Development Projections) the granting of the variances would result in prejudice to other properties in the vicinity, as reflected in the applicants practice of storing equipment on the adjacent lot without the permission of the landowner, as stated in the testimony of the landowner of Mountain View 2 Block 4, Lot 2. The burden of enforcing the previously stated code compliance would then fall upon the adjacent neighbor (Mountain View 2 Block 4, Lot September 16, 2009 P&Z Minutes Page 4 of 6 2) through the KIB enforcement policy which is complaint based. To prevent this historical disallowed use it would be in order for the applicant to bring the property use into compliance `£ prior to the granting of said variance. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of the variance will not be contrary or detrimental to the objectives of the Comprehensive Plan. This area is designated for low density residential development. 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 actions of the applicant have not caused special conditions or financial hardship from which relieve is being sought by variance. The existing structure is nonconforming in its present location and the proposed additions will not be constructed until the Commission has determined the appropriate level of relief necessary to grant by variance, if any. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from dimensional requirements of the zoning code and, as such, the grant of said variance will not permit a prohibited land use in the district involved. In response to KING'S inquiry, Cassidy stated current staff is saying it's the rear lot line. ROLL CALL VOTE ON MOTION CARRIED 5 -0. NEW BUSINESS COMMUNICATIONS A) Response letter dated August 11, 2009 B) Courtesy & Advisory Letter dated August 18, 2009 C) Notice of Violation dated August 19, 2009 D) Letter of Courtesy &Advisory dated August 20, 2009 E) Notice of Violation dated August 24, 2009 Cassidy gave a brief staff report on Communications. COMMISSIONER WATKINS MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED 5 -0. REPORTS Meeting Schedule: • October 14, 2009 work session at 7:30pm in the KIB Conference Room • October 21, 2009 regular meeting at 7:30pm in the Assembly Chambers Cassidy went over the meeting schedule and let them know there is a training opportunity for commissioners November 17, 2009 in Anchorage. COMMISSIONER TORRES MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED 5 -0. AUDIENCE COMMENTS COMMISSIONER'S COMMENTS Brent Watkins thanked staff for everything in the packets. September 16, 2009 P &Z Minutes Page 5 of 6 Alan Torres asked why the borough couldn't adopt the state standards for sewage systems. There have been several cases with concerns about sewage and water quality. Cassidy said if there is a state agency that is responsible the borough has chose not to get involved in taking over those regulations. DEC is not actively monitoring septic systems but that may be why an engineer approval is so valid. When we do the code rewrite maybe you would want to discuss hiring another borough employee to actually be the island expert on septic systems. There are also certified installers who are supposed to install the system per the engineer's drawing. Dave King presented pictures of the Koniag new duplex at Karluk Lake and said it is a duplex with a solid wall in between and food preparation area in each side. King also showed another duplex that is going in at Portage. Cassidy stated staff is going to call Koniag to make sure they live up to their requirement. He also stated in the meeting he attended with Koniag he asked if there was a hole in the center and he was told there was by a Koniag representative. King said there may be a hole now but there wasn't one when he was in there. King thanked staff and the commissioners for all their hard work. Alan Torres said he knows it's frustrating for everyone when there are only 4 commissioners present with 1 commissioner voting against a case and then it is failed. Then at the following meeting where findings have to be approved, there's no way to fix it other than adopt the findings of fact so the case can move on. It is hard to adopt findings that you don't agree with but it has to be done so it can move on. Dave King stated we need to start looking at postponing cases when we are in that situation. Cassidy said we have to make sure the applicant is OK with postponing because we are under a timeline to review these cases. ADJOURNMENT COMMISSIONER TORRES MOVED to adjourn. CHAIR KING adjourned the meeting at 9:53 p.m. PLANNING & ZONING COMMISSION �. By: �- .1 A p David King, Chair ATTEST By: QottP.l.G1^� DUI .Y`_ Sheila Smith, Secretary Date approved: November 18„ 2009 September 16, 2009 P&Z Minutes Page 6 of 6