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2010-03-10 Special Meeting Kodiak Island Borough l Planning Zoning Commission .J i MAY 3 2010 Special Meeting Minutes March 10, 2010 dssem>y1�� �ttA&5 CALL TO ORDER CHAIR KING called to order the March 10, 2010 special meeting of the Planning and Zoning Commission at 7:00p.m. ROLL CALL Commissioners present were: Brent Watkins, Dave King, Bill Kersch, Alan Torres, and Lori Ryser. Excused was Casey Lanz. Community Development Department staff present was Bud Cassidy and Sheila Smith. COMMISSIONER WATKINS MOVED to excuse Casey Lanz VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER TORRES MOVED to approve the March 10, 2010 Planning Zoning Special Meeting agenda VOICE VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS CASE 10 -013. Request to rescind the motion approved at the February 17, 2010 Planning Zoning regular meeting and replace with a corrected motion to overturn the administrative appeal resulting in the issuance of a Notice of Violation regarding the use of Lot 10, Block 1, Pasagshak Subdivision for a "full service lodge, including room accommodations, meals, guiding and transport services" and to adopt Findings of Fact in support of the commission's decision. The appellants are Richard Leslee Baker. The location is 40927 Riverside Drive, Pasagshak, and the zoning is RRi Rural Residential One. Cassidy stated you will take 2 actions tonight: one to rescind the motion you adopted at the last meeting and substitute it with a more appropriate motion. You'll also adopt findings of fact in support of that decision. In accordance with notice given at the February 17, 2010 regular meeting, COMMISSIONER WATKINS MOVED to rescind the commission's previous adopted motion adopted at the February 17, 2010 Planning and Zoning Commission meeting to overturn the administrative "appeal" resulting in the issuance of a notice of violation regarding the use of Lot 10, Block 1, Pasagshak Subdivision for a "full service lodge including room accommodations, meals, guiding and transport services" ROLL CALL VOTE CARRIED UNANIMOUSLY COMMISSIONER TORRES MOVED to overturn the administrative "order" resulting in the issuance of a notice of violation regarding the use of Lot 10, Block 1, Pasagshak Subdivision for a "full service lodge including room accommodations, meals, guiding and transport services" VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER RYSER MOVED to adopt the Findings of Fact in support of the decision to reverse an administrative order found in the staff report dated February 28, 2010. FINDINGS OF FACT March 10, 2010 P &Z Special Meeting Minutes Pagel of 3 The Bakers acquired a zoning compliance and building permit for a single family dwelling in 2000 that identified their potential use of the structure as a B A zoning violation complaint was submitted to CDD staff on September 24, 2009, by Pasagshak resident Mr. Richard Diemer; An investigation into the complaint resulted in the issuance of a Notice of Violation to discontinue the unlawful use (full service lodge, including guiding and transport services) of the land and structure was sent to the Bakers on November 18, 2009; A written appeal of the Notice of Violation was made to the Planning and Zoning Commission by the Bakers on December 28, 2009; The Bakers acquired a zoning compliance (change of use) permit to provide B &B services at their single family residence in Pasagshak on December 29, 2009; and The Bakers acquired a zoning compliance permit for "fishing activities" when an owner occupied dwelling is present on the premises on December 29, 2009. Based on a 2/26/1986 definition of "Fishing Activities" Mr. Baker is allowed to store his vessel and fishing equipment and conduct sport, subsistence, setnet fishing and other commercial fishing activities from his Pasagshak lot. B &B Services The Bakers have acquired the necessary borough permits to operate a Bed and Breakfast on their Pasagshak lot; The definition of a B &B as found in KIBC 17.25.030 and includes overnight accommodations and a morning meal to transients for compensation; and This definition defines the minimum requirements of services offered at a B &B. Restricting meals offered at a B &B to just a morning meal does not make sense in facility located out of town and away from other restaurants or places that provide meals. Requiring an alternative location away from the Bakers B &B to dine would require clients to drive a significant and unnecessary distance to dine elsewhere. Offering meals at other times of the day including lunch and evening meals is acceptable service to offer. Home Occupation Mr. Baker must reside at this Pasagshak residence when he operates his businesses; Mr. Baker's Home occupation does not occupy more that 25% of the dwellings floor area; Based on public testimony at the February 17, 2010 Planning and Zoning Commission meeting, the operation of the A River Inn and Fish Kodiak Adventures does not change the essential residential character of the Pasagshak neighborhood; and It was clear that the neighborhood character of Pasagshak is one of "active recreation" of many types, conducted at many hours of the day. Fishing Activities Based on the definition of "fishing activities" as defined in the 1986 Administrative Opinion, and in order to consistently applying this definition, Mr. Baker's charter boat activities is consistent with this definition; Mr. Baker has acquired the necessary Borough Zoning Compliance permit to operate his charter boat business and thereby meets this standard; and Mr. Baker must reside at this residence in order to meet the definition of fishing activities as required in KIBC 17.70.020 that requires an owner occupied dwelling is present on the premises. Comprehensive Plan Mr. Baker's activities are consistent with the adopted comprehensive plans and meet the zoning code requirements and standards for the RR1 zoning district; The seasonal nature of Mr. Baker's activity is consistent with the low density development encouraged for the area; March 10, 2010 P &Z Special Meeting Minutes Page 2 of 3 Mr. Baker's operation of his B &B, Fishing Activities, and Home Occupation at this parcel is in keeping with the goals of the comprehensive plan that calls for retail /commercial activity be conducted as a home occupation; and The activities of A River Inn and Kodiak Fish Adventures are permitted uses in the RR1- Rural Residential One zone and do not require a rezone to a commercial zoning district. ROLL CALL VOTE CARRIED UNINIMOUSLY AUDIENCE COMMENTS Mike Sirofchuck expressed disappointment with the commission's decision. He stated he attended the Pasagshak Comprehensive Plan meetings where there were 3 important entities with interests in that plan; the launch complex, the ranchers, and people who recreate at Pasagshak. The consensuses reached were; the launch people wanted to be able to launch, the ranchers wanted to be able to ranch, and the recreationists wanted to be able to recreate and no commercial development in the Pasagshak /Narrow Cape area. He feels the decision made violates the spirit and intent of the Pasagshak Comp Plan if not the letter of the plan. Although B &B's were allowed activity he thinks they were seen at that time as a benign activity, not the sort of activity that takes place at Mr. Baker's now residence. In 1998 -99 it was very clear there were no restaurants or stores other than the Kalsin Bay Inn. The feeling of the people involved with the plan was those sorts of activities would be appropriate for the Kalsin Bay area. He feels it's a disservice to the people who put in a lot of time on the Pasagshak Comp Plan. It was clear at the time that people didn't want any commercial activity in the Pasagshak area and he fears you've opened the door to a string of lodges. It will become a commercial area and you'll be crowding out the residents who,:use; that area and punishing the property owners too. Leslee Baker stated the plan is 11 years old and there weren't B &B's back then. She's in favor of more small businesses and home occupations. We should be promoting tourism and making our town bigger and better. This isn't a commercial business; it's a home based business. The plan calls for "try not to rezone areas" which we didn't have to; we are within code. The plan says let there be small businesses out there; we should be promoting home businesses. If the meal is going to put a Cease Desist on any business it will affect the whole island, not just an area of Pasagshak. She doesn't think they are restricted to one meal. Maybe the borough should look into defining this better. If the codes are gray don't let the borough start interpreting how many meals someone can have before they're shut down. That is a big disservice to the community. ADJOURNMENT COMMISSIONER WATKINS MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR KING adjourned the meeting at 7:22 pm. KODIAK ISLAND BOROUGH PLANNING ZONING COMMISSION By Dave King, Chair ATTEST By: Sheila Smith, Secretary Approved: April 21, 2010 March 10, 2010 P &Z Special Meeting Minutes Page 3 of 3