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2010-05-12 Special MeetingCALL TO ORDER ROLL CALL May 12, 2010 I i L_1, r Li KODIAK ISLAND BOROUGH Id L JUN 2 9 2010 PLANNING & ZONING COMMISSION; MINUTES I E Rvu,;N Ci^_iTl;'.g p 1F CE May 12, 2010 Special Meeting Assembly hambers CHAIR KING called to order the May 12, 2010 special meeting of the Planning and Zoning Commission at 6:30 p.m. Commissioners present were Dave King, Brent Watkins, Casey Janz, and Alan Torres. Excused was Bill Kersch. A quorum was established. COMMISSIONER JANZ MOVED to excuse Bill Kersch. Community Development staff present was Bud Cassidy, Duane Dvorak, and Sheila Smith. VOICE VOTE ON MOTION CARRIED UNANIMOUSL APPROVAL OF AGENDA COMMISSIONER TORRES MOVED to approve the May 12, 2010 Planning & Zoning special meeting agenda. 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 A) Case 10 -010. Request a variance, according to KIBC 17.195.020, to allow a new 22 by 26 foot garage with below grade shop and storage to encroach 7.5 feet into the required 12.5 foot front yard setback (based on setback averaging per KIBC 17.80.040.A) and a variance to allow an existing nonconforming single- family residence to be expanded by two additional stories where the structure currently encroaches 3.4 feet into the required 12.5 foot front yard setback (based on setback averaging per KIBC 17.80.040.A) and a variance to allow an existing encroachment of the dwelling 1.5 feet into the required 5 foot side yard setback (KIBC 17.80.040.B); and, a variance to allow the proposed garage to encroach 5 feet into the required 40 foot from centerline additional setback and the single - family residence to encroach .9 feet into the required 40 foot from centerline additional setback required of all properties along Mission Road (KIBC 17.155). [Postponed and revised from the April 21, 2010 Regular P &Z Commission meeting. The applicant is Jay Johnston. The location is 1110 Mission Road and it is zoned R2 -Two Family Residential. P &Z Special Meeting Minutes Page 1 of 9 Dvorak stated 55 public hearing notices were sent out, and 1 response has come in opposing this request. All prior communications received have been included in the packet. Staff recommends approval of this request. In response to COMMISSIONER JANZ'S request for clarification if the house would be 15 feet higher than the road, Dvorak stated the garage will be and staff recommended approval of the variance to encroach into the front yard setback and into the 40 foot from centerline setback but because the garage is connected to the main structure the garage would be entitled to go to the same height as the main structure if it's connected. If it were disconnected accessory buildings have a maximum height of 25 feet. Staff suggested a condition of approval to limit it to 15 feet above Mission Road grade regardless of whether it's attached or detached. In response to COMMISSIONER TORRES'S inquiry of how high above Mission Road grade is the house going to be, Dvorak stated he doesn't have that information but staff has estimated the grade level at the highest point is 10 -12 feet below grade so a 35 foot house would go probably 23 -25 feet above grade just to the midpoint of the trusses, not the peak of the roof. COMMISSIONER WATKINS MOVED to grant a variance, according to KIBC 17.195.020 and 17.80.040.A, to allow a new 22 by 26 foot garage with below grade shop and storage to encroach 7.5 feet into the required 12.5 foot front yard setback (based on setback averaging per KIBC 17.80.040.A) in the R2- Two - family Residential zoning district subject to the following conditions of approval, included in the staff report dated May 6, 2010, and to adopt findings contained in the staff report as "findings of fact" for this case. The public hearing was opened & closed: Favorable testimony was given by Jay Johnston (applicant), Mark Anderson, Mike Fricerro, and Joe Macinko. Opposing testimony was given by Mary Doubt and then she read Julie Hill's comments into the record, George Kontra, Ron Doubt, and Pat Holmes. Chad Pysher spoke neither for nor against the request. In response to Chad Pysher's inquiry if the house will be discussed on the next go around, Dvorak stated there are 5 variances requested: the existing house footprint that has an encroachment in the front yard setback and in the side yard setback, the proposed garage that has an existing encroachment in the front yard setback or would if it's built and it would also encroach into the 40 foot from centerline setback. There's 2 variances related to the 40 foot from centerline setback, 2 variances — one for each structure for the front yard setback and one variance for the side yard setback that is all in one request. In response to CHAIR KING'S inquiry of are any of the variances for the height of the building, Dvorak said no, they are all into setbacks. Given the property may have some slope to it, it could have an impact on the height of the structure but staff felt adequate compensation was recommended through the conditions of approval which would drop the 35 foot allowance for the R2 zone for building height down to 32 feet which is about a 10% reduction. Discussion. CONDITIONS OF APPROVAL 1. The proposed garage enclosure, whether as an addition to residential or as an accessory building, is allowed to encroach a maximum of 7.5 feet into the required 12.5 foot front yard setback. May 12, 2010 P &Z Special Meeting Minutes Page 2 of 9 2. The maximum height of an enclosed garage above the current grade of Mission Road is limited to 15 feet maximum (one story), as measured by 1997 UBC methodology. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY It was the consensus to recess the special meeting to start the work session then postpone for an hour to allow the commission to finish the special meeting. COMMISSIONER WATKINS MOVED to recess the special meeting for 10 minutes .to start the next meeting (work session) then recess the work session to allow finishing the special meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR KING reconvened the special meeting at 7:43. COMMISSIONER TORRES MOVED to grant a variance, according to KIBC 17.195.020 and 17.80.040.A, to allow an existing nonconforming single- family residence to encroach 3.4 feet into the required 12.5 foot front yard setback (based on setback averaging per KIBC 17.80.040.A) in the R2- Two - family Residential zoning district subject to the following conditions of approval, included in the staff report dated May 6, 2010, and to adopt findings contained in the staff report as "findings of fact" for this case. Discussion CONDITION OF APPROVAL 1. The maximum height of all floors is limited to a maximum of 32 feet, as measured by 1997 UBC methodology for determining building height, in order to compensate for the 3.4 foot encroachment of a portion of the existing single family residence into the adjusted front yard setback. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER JANZ MOVED to grant a variance, according to KIBC 17.195.020 and 17.80.040.B, to allow an existing encroachment of the dwelling on Lot 3A, Block 34, East Addition, 1.5 feet into the required 5 foot side yard setback (KIBC 17.80.040.B), in the R2- Two- family Residential zoning district, subject to the following conditions of approval, included in the staff report dated May 6, 2010, and to adopt findings contained in the staff report as "findings of fact" for this case. Dvorak said the encroachment of the building into the 5 foot side yard setback is a long triangular shaped encroachment which the deepest point is about 1.5 feet into the 5 foot side yard setback. The sewing room addition that encroaches on the neighboring property was built without permits years ago and will be removed per the petitioner's application submittal bringing the building line back to the original nonconforming line that it was originally built with. CONDITIONS OF APPROVAL 1. The maximum height of all floors is limited to a maximum of 32 feet, as measured by 1997 UBC methodology for determining building height, in order to compensate for the 1.5 foot encroachment of a portion of the existing single family residence into the five foot side yard setback. ROLL CALL VOTE ON MOTION UNANIMOUSLY May 12, 2010 P &Z Special Meeting Minutes Page 3 of 9 COMMISSIONER TORRES MOVED to grant a variance, according to KIBC 17.195.020 and 17.155, to allow a proposed 22 by 26 foot garage addition on Lot 3A, Block 34, East Addition, to encroach 5 -feet into the required 40- foot - from - centerline additional setback for all lots along Mission Road, subject to the following conditions of approval, included in the staff report dated May 6, 2010 and to adopt findings contained in the staff report as "findings of fact" for this case. Dvorak stated this request was modified by the petitioner based on the latest correspondence. The diagram shows the new proposed garage going right to the front property line and then there's an existing concrete deck between the front property line and the edge of the asphalt surface. Initially, the city had recommended against the request but upon further analysis the city modified their position as long as the building is located 5 feet outside the Right of Way. Staff recommends approval In response to COMMISSIONER TORRES'S inquiry of since we are pushing that back 5 feet will Johnston be able to build a deck from the garage to the existing car deck, Dvorak replied yes, he'll have to bridge it or build down to the ground. In response to COMMISSIONER TORRES'S request for clarification that it won't be part of the 2 story structure, it will be a bridge, Dvorak stated yes, it will be an unroofed and unenclosed deck. CONDITIONS OF APPROVAL 1. The proposed garage enclosure, whether as an addition to residential or as an accessory building, is allowed to encroach a maximum of 5 -feet into the required 40 -foot- fromcenterline setback along Mission Road. 2. The maximum height of an enclosed garage above the current grade of Mission Road is limited to 15 feet maximum (one story), as measured by 1997 UBC methodology. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER TORRES MOVED to grant a variance, according to KIBC 17.195.020 and 17.155, to allow a portion of an existing single - family dwelling on Lot 3A, Block 34, East Addition, to encroach .9 (point nine) feet into the required 40- foot - from - centerline additional setback for all lots along Mission Road, subject to the following conditions of approval, included in the staff report dated May 6, 2010 and to adopt findings contained in the staff report as "findings of fact" for this case. Dvorak stated this .9 foot encroachment will be a smaller triangle on the front left corner of the existing dwelling unit next to the base of the stairs. It represents a 2.25% encroachment into the 40 foot from centerline setback. Staff recommends approval with the condition that the building be limited to an overall height of 32 feet maximum for all floors. CONDITION OF APPROVAL 1. The maximum height of all floors is limited to a maximum of 32 feet, as measured by 1997 UBC methodology for determining building height, in order to compensate for the .9 (point nine) foot encroachment of a portion of the existing single family residence into the 40 foot from centerline additional setback along Mission Road. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Staff provided two sets of findings related to the respective R2 zone setbacks (Findings A) and the 40- foot - from - centerline setback (Findings B). May 12, 2010 P &Z Special Meeting Minutes Page 4 of 9 FINDINGS OF FACT 17.66.050 A.1. 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. A. Lot 3A is topographically constrained in that the developable ground level is substantially located below the prevailing grade of Mission Road (estimated to be 10 to 12 feet on average). In addition, the property has a utility easement in the center of the lot that limits how far away from the road right -of -way a residential addition could be located. The rear of the property has seen improvement in recent years with two substantial concrete retaining walls and a concrete block retaining wall at the bottom of the lot along the Pearson Cove Park. The existing location of the house footprint on Lot 3A reflects the limitations of the lot in terms of its historical positioning on the lot, being located closer to the road right -of -way and the existing parking deck. B. Same as for A. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. A. The existing residential dwelling is nonconforming in its current location however, due to setback averaging (KIBC 17.80.040.A), the setback is adjusted from the usual 25 feet to 12.5 feet. When diagrammed on the as- built, the encroachments of the single- family dwelling appear to be relatively minimal. A requirement to cut off portions of the existing structure in order to be allowed to expand it with additional stories (as otherwise allowed by the nonconformities code) would result in practical difficulty and unnecessary hardship. As indicated in the staff report, the Commission could grant the variance(s) and allow for a sufficient reduction in overall building height by linking setback variances to building height as a condition of approval. In addition, the petitioner could disconnect the dwelling from the proposed garage addition, and then the need for variance(s) for the dwelling to encroach into the setbacks would not be required. This would have the effect of perpetuating the nonconformity as permitted by KIBC 17.140.040.C. Regarding the proposed 22 by 26 foot garage addition, it already benefits greatly from the setback averaging making up fully one -half of the normally required 25 foot front yard setback. Because the existing improved road favors the opposite side of the Mission Road right -of -way a variance of 7.5 feet is reasonable as well as a 5 foot encroachment into the 40- foot - from - centerline setback. Denial of the variances 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 topographically affected nature of the lot and the location of easements within the lot. B. The existing dwelling footprint encroaches .9 (point nine) feet into the 40- foot -from- centerline setback which is minimal considering the costs and effort associated with moving or cutting the structure back within this setback. The proposed garage addition does not have quite the same degree of difficulty in that it does not already exist. While a garage is certainly a desirable thing to have in Kodiak, it is not essential to the establishment of a reasonable use in the R2 zoning district. Many homes in Kodiak do not have such garage additions or accessory buildings available to them. Nevertheless, the City of Kodiak has evaluated the petitioner's revised request and determined that a 5 -foot encroachment into the 40- foot- from - centerline setback can be accommodated without objection as it would not interfere with planned future road upgrades. May 12, 2010 P &Z Special Meeting Minutes Page 5 of 9 17 May 12, 2010 The • rantin ' i f the v. ri i11 nit re ult in m. ri .1.1 1 A n m. 'e or prejudice to other properties in the vicinity nor be detrimental to the public's health. safety and welfare. A. Granting of the variances for the existing residential structure to encroach into the front and side yard setbacks will not result in direct material damages or prejudice to other properties by allowing greater building height than what the property is already entitled to under the R2 zoning standards. Based on the concerns expressed by other property owners in the area pertaining to the issue of proposed building height (which is not a subject of these variance requests) staff has recommended a slight reduction in overall building height for all floors that may be developed on Lot 3A to a maximum of 32 feet. This is about a 10% reduction in building height to what the property would normally be entitled to. While the petitioner may be able to skirt this issue by making certain changes to the development plan, the commission can attempt to ameliorate the impact of building height by requiring a condition of approval that could provide a reasonable off -set for the minor encroachments noted on the site plan if it believes the two issues are linked. Where the proposed 22 by 26 foot garage addition would be located 7.5 -feet in the adjusted 12.5 foot front yard setback, the garage enclosure should be limited to one story and 15 feet in height (as measured using the building code methodology from street grade). B. Granting the variance to allow the proposed garage to encroach 5 feet into the required 40- foot - from - centerline setback would not prejudice future road and right -of -way improvements as outlined in the revised letter from the City of Kodiak letter dated April 20, 2010. The existing dwelling footprint has a .9 (point nine) foot encroachment into the 40- foot - from - centerline setback which is a 2.25% variance compared to the proposed garage which represents a 12.5% variance from the adopted standard. Given that the intent of the 40- foot- from - centerline setback is specifically intended to preserve the right -of -way from structural encroachments, and to ensure traffic safety, the encroachment of the house is minimal and the proposed garage moderate but acceptable. 17.66.050 A.4. The granting of the variance w ill not be contrary to the objective of the Comprehensive Plan. A. The grant of the variance will not be contrary or detrimental to the objectives of the Comprehensive Plan. This area is designated for residential development. B. Same as for A. 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 A. The actions of the applicant have not caused special conditions or financial hardship from which relieve is being sought by variance. The existing dwelling structure is nonconforming in its present location (to the extent noted on the site plan) and excepting the "sewing room addition" which is proposed to be removed as part of the redevelopment of the property. The proposed additions will not be constructed until the commission has ruled on these variance requests and determined the appropriate level of relief necessary to grant by variance, if any. B. Same as for A. 17. 66 050 A.6. That the granting of the variance will not nermit a nrohibi land use in the district involved. P &Z Special Meeting Minutes Page 6 of 9 A. 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. B. Same as for A. OLD BUSINESS A) Case 10 -016. Adopt findings of fact in support of the commission's denial of a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL- Public Use Lands zoning district. The applicant is the Kodiak Island Borough. The location is 2647 Selief Lane - Lakeside Subdivision, 2"1d Addition, Lot 2A and the zoning is PL- Public Use Lands. Dvorak stated the commission denied this request in March and it was inadvertently omitted from the April agenda where you would have adopted the findings of fact. Staff did recommend approval on that case so the denial requires the commission to develop their own findings of fact. Staff heard from 2 commissioners on recommended findings and staff has attempted to draft findings based on that input. COMMISSIONER JANZ stated she wanted to add under the CUP to support 2 items out of the Borough Strategic Plan. COMMISSIONER TORRES MOVED to adopt "Findings of Fact" for this case. in support of denial for a similar use determination, per KIBC 17.15.090, to allow the storage and passive remediation of about 1,600 cubic yards of heating oil (diesel) contaminated soils, as a use similar in character and impact to a conditionally permitted government maintenance and service facility and storage yard use, per KIBC 17.130.030. Discussion FINDINGS OF FACT 1. The denial of this similar use determination is based upon the information contained in the staff report and upon the timely written comments and verbal testimony heard by the commission at the March 17, 2010 regular meeting. 2. The proposed soil storage and passive remediation is not similar in character and impact to a conditionally permitted government maintenance and service facility and storage yard that is a conditional use in the PL- Public Use Land zoning district. 3. Based on public testimony, the proposed use for contaminated soil storage and passive remediation is not compatible with other uses in the area and other uses allowed in the PL- Public Use Land zoning district. In particular, the development of a portion of Lot 2A for parks and recreation use and additional park and recreation improvements recommended in the KIB CIP by the Parks & Recreation Committee, make this site incompatible with the proposed use. 4. There has been considerable work done by City of Kodiak Parks and Recreation Department to maintain and operate the Dark Lake Fields, a further indication of the incompatible nature of the use. 5. Although this is an industrial area, the proximity to residential use, public use, (i.e. baseball fields), and shopping centers does not lend itself to the reclamation of contaminated soils. May 12, 2010 P &Z Special Meeting Minutes Page 7 of 9 6. There are other areas in the borough that have been zoned and /or approved for soil reclamation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER TORRES MOVED to adopt "Findings of Fact" in support of denial for a conditional use permit (CUP) request, according to KIBC 17.130.030 and KIBC 17.200, to allow the storage and passive remediation of about 1,600 cubic yards of heating oil (diesel) contaminated soil on Lot 2A, Lakeside Subdivision 2nd Addition. Dvorak stated this is the findings for the conditional use permit. Normally, there are 4 standards for a conditional use permit but for public uses standard #5 is also applicable. FINDINGS OF FACT 1. Th a conditional u e rity of May 12, 2010 will r irit character n ' in the surrounding area. The surrounding area is a mixed use area of industrial, commercial, recreational and residential uses. The mixed use nature of the area makes this site incompatible with the proposed use for contaminated soil storage and passive remediation activities. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Although the contaminated soil would be enclosed in ADEC approved storage cells, the storage and periodic disturbance of the soils would be incompatible with the surrounding land uses. 3. That granting the conditional use - permit will not he harmful to the_public health, safety. convenience and comfort The proposed use would be harmful to the public health, safety, convenience or comfort. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The proposed use, even with stipulations attached, cannot be made compatible with the existing pattern of mixed uses in the surrounding area. S. The proposed use or structure is located in a manner which will maximize public benefits. The KIBEFD has maintained the storage of the contaminated soils on the high school location where they originated for nearly three years. If the material is required to be moved from its site of origin it should be transported to a more suitable location or shipped off island. Although this is an industrial use area, the proximity to residential use, public use, (i.e.; baseball fields), and shopping centers, does not lend itself to the reclamation of contaminated soil. There are other areas in the borough that have been zoned and /or approved for soil remediation. From the Borough Assembly Strategic Plan under Planning and Zoning Goals and Objectives- Community Development 1. Develop a framework to create a "sustainable community", one that does not focus on the quantity of growth, but the quality of life and balances short term needs of the community with the long term results of development. a) Develop a work plan that addresses the health, safety, and welfare of existing neighborhoods by preventing their physical and economic degradation and P &Z Special Meeting Minutes Page 8 of 9 promotes the quality of growth through the revitalization of infrastructure and public areas. From the Kodiak Island Borough Strategic Plan -Parks and Recreation Goals and Objectives 1. Evaluate and identify those lands under Borough ownership that would be appropriate for developed or passive parks and recreation facilities, with a goal of a comprehensive Parks and Recreation Plan to guide future decisions, and d) Retain access to public lands for the enjoyment of all recreation users. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY NEW BUSINESS COMMUNICATIONS REPORTS A) Meeting Schedule • May 19, 2010 regular meeting at 7:30pm in the Assembly Chambers. COMMISSIONER JANZ MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS Jay Johnston thanked the commission and staff for the work they have done. COMMISSIONER'S COMMENTS Casey Janz stated the Johnston case was a hard case. ADJOURNMENT COMMISSIONER WATKINS MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR KING adjourned the meeting at 8:35 pm. ATTEST By: COhP10n1 Cc (RI) 1 Sheila Smith APPROVED: June 16, 2010 May 12, 2010 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION Dave King, Chair P &Z Special Meeting Minutes Page 9 of 9