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ATS 49 TR-18A - VarianceMr. Gerald Ens ley General Manager Global Seafoods Kodiak, LLC 800 Marine Way East Kodiak, AK 99615 • Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 April 20, 2000 Re: Case 00-003. Request for a variance, in accordance with KIBC Section 17.57.080.H.1— Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty-four (24) foot widths on Tract 18A, ATS 49. 800 Marine Way East, Dear Mr. Ensley: The Kodiak Island Borough Planning and Zoning Commission at their meeting on April 19, 2000, granted the variance request cited above, subject to the following conditions: 1 The ten (10) on-site parking spaces being developed in conjunction with recent construction and this valiance request, as identified on the site plan dated April 10, 2000, must conform with the parking development standards ofk1i3C 2. The two (2) pipe supports adjacent to the newer (northerly) cannery building near the entrance to the upstairs offices (ref. to photos #1 and #2), which create a bottleneck effectively reducing aisle width to seventeen (17) feet at that point, be either removed or reengineered to achieve at ground level twenty (20) foot unobstructed width for reasonable two-way vehicle passage. The Commission also passed a motion to formally establish an extended deadline of June 1, 2000 for completion of the ten (10) required parking spaces on Tract 18A according to the parking plan updated on April 19, 2000, or to otherwise satisfy this parking requirement as prescribed by code. The motion was made with the applicant's understanding that failure to install this required parking on by June 1, 2000, consistent with all applicable parking development standards, will result in immediate zoning enforcement action through the Borough attorney. THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance and/or a building permit must first be obtained. Failure to utilize an approved a.7 Mr. Gerald Ens ley/Case #00-003 April 20, 2000 Page 2 of 3 variance within twelve (12) months after its effective date shall cause its cancellation. Please contact this office for further details. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be fmal and effective until ten (10) working days following the decision. This letter shall constitute the variance. Please bring it when you come to our office to obtain zoning compliance for any construction on the property. The Commission adopted the following findings of fact in support of their decision: 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. Seafood processing on Tract 18A is an established, historical use which, typical of most processing plants along Kodiak's waterfront, developed over a number of years without adequate parking. Parking is "grandfathered" since current code requirements for number of parking spaces and related parking development standards are not satisfied. Structural development covers most of the property, leaving only a minimal area for vehicles. The historical on-site parking deficiency will be improved by the six (6) parking spaces required to replace "grandfathered" parking eliminated by new construction and four (4) parking spaces required for new construction, all of which will conform to parking area development standards with the exception, as requegted here, of aisle width. 17.66.050 A.2.Stricipplication of the zoning ordinances would result in practical difficulties or unnecessary hardships. Without this variance, new construction to upgrade plant operations, include safety features related to ammonia refrigeration, would not be possible. Nor would on-site parking improvements be possible creating ten (10) spaces substantially conforming with parking area development standards in areas made available by demolition of old structures. Seafood processing on this marine industrial tract would not be economically viable without these improvements. 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, Mr. Gerald Ens ley/Case #00-003 April 20, 2000 Page 3 of 3 While construction activity related to renewed processing operations has disrupted residential life in the nearby neighborhood, that disruption is diminishing as construction winds down. In the long term, granting this variance request should result in a better parking and traffic situation since more parking spaces conforming to parking area development standards will be available when demolition of old structures is completed. The applicant has also undertaken measures voluntarily to mitigate negative parking and traffic impacts such as in-house enforcement of street parking, cooperative parking arrangement with a neighboring plant with excess space, and possibility of bussing workers from the ferry dock. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The 1968 Borough Comprehensive Plan designated this area as light industrial. The granting of the variance will not be contrary to the plan's objectives. 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 location of existing buildings and an electrical transformer dictates aisle width to access the newly created parking area made available by demolition of an old cannery building. The applicant is dealing with the constraints of a long established industrial tract substantially covered by structures, development issues which were decided 20-30 years ago. Current efforts should improve the parking situation on the property. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. Seafood processing is a permitted use in the 1-Industrial zoning district. If you have any queitions about the action of the Commission, please contact the Community Development Department at 486-9362. Sincerely, Bob Scholze, As ociate Planner Community Development Department CC: Fire Marshal Public hearing closed: Regular session opened. COMMISSIONER RAZO felt that the CUP request is a permitted item under the Pasagshak/Narrow Cape Area Plan, and further felt Mr. Burton was and continues to be a "good neighbor", and that there is a need for housing in area for workers. COMMISSIONR STEWART expressed concern with environmental impact on area, and would like the request be for a two year period only. COMMISSONER STEWART MOVED TO AMEND condition of approval #1 to read as: • 1) This conditional use permit is issued for a maximum of seventy-six (76) occupants and will return to the Commission for review in two (2) years with intent of approval for five (5) years (by April 19, 2005. COMMISSIONER RAZO felt that if CUP was approved for only two years then effectively it would not be feasible for the applicant. COMMISSIONER STEWART withdrew his amended motion. COMMISSIONER LINDSEY expressed that the set up of facility would be in control of Mr. Burton's hands, and since Mr. Burton had demonstrated his ability to be a good steward of the land for all to see therefore Mr. Burton would be the first impacted if any negative impact would occur. The question was called and the motion CARRIED by unanimous roll call vote. Case 00-003. Request for a variance, in accordance with KIBC Section 17.57.080.H.1. Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty-four (24) foot widths for the required party on Tract 18-A, ATS 49. 800 Marine Way East. BOB SCHOLZE indicated twenty-nine (29) public hearing notices were mailed for this case. Staff further reported that this request meets all the conditions necessary, as reflected in the "Findings of Fact" for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. Staff also recommended that the deadline for completion of required parking improvements on Tract 18A be extended as appropriate and as specified in Motion #2. It was further recommended that a condition of approval be added requiring that the two (2) pipe supports adjacent to the newer (northerly) cannery building, near the entrance P & Z Minutes: April 19. 2000 Page 8 of 16 1 to the upstairs offices, which creates a bottleneck effectively reducing aisle width to seventeen (17) feet at that point, be either removed or re-engineered to achieve at ground level twenty (20) foot unobstructed width for reasonable two-way vehicle passage. Staff further indicated demolition has not started to date. Staff recommended approval of the request subject to two (2) conditions of approval. COMMISSIONER RAZO MOVED TO GRANT a variance, in accordance with KIBC Section 17.57.080.H.1--Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty-four (24) foot widths on Tract 18A, ATS 49, subject to the condition of approval contained in the staff report dated April 11, 2000, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITION OF APPROVAL The ten (10) on-site parking spaces being developed in conjunction with recent construction and this variance request, as identified on the site plan dated April 10, 2000, must conform with the parking development standards of KIBC 17.57.080. 2. The two (2) pipe supports adjacent to the newer (northerly) cannery building near the entrance to the upstairs offices (ref. to photos #1 and #2), which create a bottleneck effectively reducing aisle width to seventeen (17) feet at that point, be either removed or reengineered to achieve at ground level twenty (20) foot unobstructed width for reasonable two-way vehicle passage. 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. Seafood processing on Tract 18A is an established, historical use which, typical of most processing plants along Kodiak's waterfront, developed over a number of years without adequate parking. Parking is "grandfathered" since current code requirements for number of parking spaces and related parking development standards are not satisfied. Structural development covers most of the property, leaving only a minimal area for vehicles. The historical on-site parking deficiency will be improved by the six (6) parking spaces required to replace "grandfathered" parking eliminated by new construction and four (4) parking spaces required for new construction, all of which will conform to parking area development standards with the exception, as requested here, of aisle width. 13*,,& Z Minutes: April I 9, 2000 Page 9 of 16 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Without this variance, new construction to upgrade plant operations, include safety features related to ammonia refrigeration, would not be possible. Nor would on-site parking improvements be possible creating ten (10) spaces substantially conforming with parking area development standards in areas made available by demolition of old structures. Seafood processing on this marine industrial tract would not be economically viable without these improvements. 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. While construction activity related to renewed processing operations has disrupted residential life in the nearby neighborhood, that disruption is diminishing as construction winds down. In the long term, granting this variance request should result in a better parking and traffic situation since more parking spaces conforming to parking area development standards will be available when demolition of old structures is completed. The applicant has also undertaken measures voluntarily to mitigate negative parking and traffic impacts such as in- house enforcement of street parking, cooperative parking arrangement with a neighboring plant with excess space, and possibility of bussing workers from the ferry dock. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehen ive Plan. The 1968 Borough Comprehensive Plan designated this area as light industrial. The granting of the variance will not be contrary to the plan's objectives. 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 location of existing buildings and an electrical transformer dictates aisle. width to access the newly created parking area made available by demolition of an old cannery building. The applicant is dealing with the constraints of a long established industrial tract substantially covered by structures, development issues which were decided 20-30 years ago. Current efforts should improve the parking situation on the property. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. Seafood processing is a permitted use in the I-Industrial zoning district. P & Z Minutes: April 19, 2000 Page 10 of 16 1 The motion was SECONDED by COMMISSIONER STEWART. Regular session closed. Public hearing opened: Walter Johnson-Concerned citizen: Mr. Johnson was opposed to any extension of deadline until applicant has cleaned up area and can provide adequate parking for building. Mr. Johnson encouraged the commission to set a definite deadline for parking compliance before allowing approval of the variance. Anne Kalcic-Property owner: Ms. Kalcic requested that the commission pick a date seriously for parking to be provided. Ms. Kalcic expressed concern that building has not been torn down to provide the parking needed. She further suggested that part of the parking problem for the neighbors would be solved with the applicant providing transportation by bus for the workers. COMMISSIONER LINDSEY questioned Ms. Kalcic on what she thought was an adequate time frame, considering the allowances that have been granted? Ms. Kalcic responded by encouraging the commission to picking a date and adhere to it. CHAIR SELIG questioned Ms. Kalcic on her thoughts of the road entrance and exiting of Tagura Road and her participation when the City presented a plan for that area. Ms. Kalcic replied that Global uses half of the road itself, half of the right-of-way to park their vehicles, and expressed that the applicant has not been a good neighbor to any of the residents in the area. Gerald Ensley, Manager, Global Seafoods: Mr. Ensley clarified that the common wall does not belong to ISA but to Global Seafoods. Mr. Ensley concurred with conditions but encouraged the commission to decide on a deadline date, and by attorney request, Mr. Ensley requested a 60 day extension but would be willing to live with whatever time the commission decided upon. Mr. Ensley informed the commission that at his expense he would have the driveway columns redesigned to that they can be removed, and that this would be done within a week. Lacey Be s-Neighborhood resident: Ms. Berns expressed that her lot has been the most impacted in terms of the parking overflow from the processing plant, and the noise during the night from workers leaving the plant. Ms. Berns requested that a short term solution be done such as workers parking their cars downtown and walking to the plant. Public hearing closed: Regular session opened: P & Z Minutes: April 19, 2000 Page 11 of 16 ( The question was called and the motion CARRIED by roll call vote. Commissioner Himes voted "no". COMMISSIONER BELL MOVED TO FORMALLY ESTABLISH an extended deadline of June 15, 2000 for completion of the ten (10) required parking spaces on Tract 18A according to the parking plan updated on April 19, 2000, or to otherwise satisfy this parking requirement as prescribed by code. This motion is made with the applicant's understanding that failure to install this required parking on by June 15, 2000, consistent with all applicable parking development standards, will result in immediate zoning enforcement action through the Borough attorney. The motion was SECONDED by COMMISSIONER STEWART. Mr. Ensley suggested and asked the commission to change the June 15 deadline date to June 1. Mr. Ensley said that he would guarantee the he would hire one extra person to patrol the .parking situation per shift, with that person's job designation to keep the parking in line. COMMISSIONER BELL MOVED TO AMEND MOTION NUMBER TWO to establish an extended deadline of 6-1 instead of 6-15-00. The amended motion was SECONDED by COMMISSIONER STEWART. The question was called and the amended motion number two CARRIED by roll call vote. Commissioner Oswalt, Commissioner Lindsey, and Commissioner Himes voted "no". Chair Selig declared a recess at 9:10 p.m. Called back to order at 9:20 p.m. VII. OLD BUSINESS A) Case S00-003. Request for Planning and Zoning Commission review, in, accordance with KIBC Section 17.21.050.C. Screening, of proposed screening between the business use on Lot 4, Alagnak Acres, and the residential district on Lot 3, Alagnak Acres. 173 Island Lake Road. BOB SCHOLZE reported that screening is for in between the residential lots and the business use adjacent. Fencing would be done at time of the sale of the lot or when construction begins on the lots. Staff recommended approval of the proposed screening. P & Z Minutes: April 19, 2000 Page 12 of 16 A) Global Seafoods Kodiak, LLC Parking Plan Presentation BOB SCHOLZE reported that at last week's packet review the applicant was present to outline the scheduling and plans of the development and expansion of the Global Seafoods plant, and during that time applicant presented a parking plan requesting only nine (9) parking spaces be considered. Applicant submitted a letter of reconsideration of the determination of parking spaces in which staff determined required fourteen (14) parking spaces. Based on that letter, staff reassessed parking and determined that twelve (12) on-site parking spaces minimum be required. Staff indicated if parking is not in place by the original deadline date of April 1 st if parking is not available by deadline date then the only alternative is that applicant apply for a variance. Mr. Ensley, Global Seafoods General Manager-Presenter: Mr. Ensley indicated the aerial photo depicts the current status of the plant. Mr. Ensley had contentions with the required six parking spaces needed in the building footprints. He further stated that the mezzanine project is on hold but does not understand why the additional parking is needed. Mr. Ensley further indicated that he had a contingency plan with another processing plant to accept his parking overflow, and in addition a request was submitted to purchase a bus to transport the plant employees but approval was not yet given for bus purchase. Linda Freed indicated that staff is willing to discuss deficiencies with Mr. Ensley and make a final recommendation for required parking. Staff further reported that Mr. Ensley has two options if he still disagrees with staff s recommendation and that is to 1) apply for a variance for public hearing or 2) appeal the parking determination. Chair Selig asked Mr. Ensley status of abatement project for building. Mr. Ensley indicated that they are ahead of schedule. Mr. Ensley believes he will have to ask for an extension to complete the destruction of barge to accommodate the parking spaces, but feels it would be completed by March 18, 2000. John Burnett: Mr. Burnett expressed concerns about the rezoning of Perez Estates. It has convoluted his original request of having only Lot 11, which he is in process of purchasing, be accessed from Wilton White Way and not from Sharatin Road. He requested the commission to reconsider to rescind the previous decision from last month's meeting. Chair Selig indicated that item will be addressed under Old Business on tonight's agenda. Mr. Walter Johnson-Concerned citizen: Mr. Johnson expressed concern in regards to public safety and health with Global Seafoods parking plan. Staff responded that the City police control traffic safety aspects and ADEC controls health issues and that the Borough does not regulate either the traffic safety or health issues. P & Z Minutes: March 15, 2000 Page 2 of 13 Chris Burns-neighbor resident: Mr. Bums expressed that he has felt the major brunt of the parking issues and that the neighborhood has been impacted by the parking problems stemming from Global Seafoods, but felt that Global Seafoods will be taking care of the issue in the near future. Anne Kalsic-Fuller's Boatyard Owner and several other properties in area: Ms. Kalsic asked that any future plans Mr. Ensley submits be drawn to scale. Ms. Kalsic explained that space G-4 indicated on plan would be directly on top of a fuel tank, and vans indicated on aerial photo from 1985 shows that vans are positioned into the city street. Ms. Kalsic expressed parking problems with Global Seafoods would have to be addressed before June. VI. PUBLIC HEARINGS A) Case S00-003. Request for preliminary approval of the subdivision of Lot 3, Alagnak Acres, creating Lots 3A through 3E, Alagnak Acres, and Commission approval of proposed screening, according to KIBC Section 17.21.050.0 Screening, between Lot 3 and Lot 4, Alagnak Acres. Island Lake Road. BOB SCHOLZE indicated forty-two (42) public hearing notices were mailed for this case with two being returned expressing no objection to the request. Staff further indicated an additional plat copy was given showing 33' wide utility easement on the south side of property by Cove Drive. Staff recommends approval of request subject to two (2) conditions of approval. COMMISSIONER STEWART MOVED TO GRANT preliminary approval of the subdivision of Lot 3, Alagnak Acres, creating Lots 3A through 3E, Alagnak Acres, subject to the conditions of approval contained in the staff report dated February 21, 2000, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL Prior to final plat approval, a drainage plan will be submitted to the KM Engineering/Facilities Department for review and approval. 2. Create a ten (10) foot wide utility easement along the front and rear lot lines of Lots 3B, 3C, 3D, and 3E, as indicated on the preliminary plat received back from PTI on March 1, 2000, and redesignate the ten (10) foot wide electrical easement along the lot line common to proposed Lots 3C and 3D as a utility easement, as requested by PTI. P & Z Minutes: March 15, 2000 Page 3 of 13 Kodiak Island Borough CHECK REQUEST This form is to be used for APPROVED invoices for which a purchase order has not been issued. DATE: TO: Accounting Technician Please Prepare Check Payable To: Total Amount: $ /971S—r1 Invoice Invoice D te Number //"1/ VENDOR NO. Project Contract Amount Account Number No. No. /EXPL 1■1 ATION OF EXPENSE: *** special instructions: Reviewed By: Suzanne Cowley, Purchasing Agent Authorized By: David A. Jensen, Borough Manager Deposition Services P.O. Box 3629 Kodiak, AK 99615 EIN 92-0156380 907 486-6221 Bus/907-486-6267 Fax CLIENT Kodiak Island Borough Community Development Attention: Jennifer Smith 710 Mill Bay Road Kodiak, AK 99615 DATE INVOICE NO. . 4/24/2000 1784 TERMS Net 15 ITEM DESCRIPTION QTY RATE AMOUNT P&Z Meeting 04-19-00, Case No 00-003 Clerical Transcribe approximately 25-minute portion of 5 25.00 125.00 meeting regarding Case 00-003. Compare 16-page transcript to tape; final and deliver. Thank you for your business. Sales Tax Note Terms - $25.00 Late Fee applies - 14% APR Interest will be charged - Thank you for your payment 6.00% 0.00 Total $125.00 Global Seafo2ds Kodiak, LLC Gerald B. (Jery) Ensley General Manager Office Address: 720 Olive Way, Suite 1220 • Seattle, WA 98101 Tel: 206 - 264 -1994 • Fax: 206 - 264 -1997 Plant Address: 800 Marine Way East • Kodiak, AK 99615 Tel: 907 - 486 -0355 • Fax: 907- 486 -0253 Global Seafoods NORTH AMERICA Donna L. Jones General Manager Kodiak Division Global Seafoods North America, L.L.C. 800 East Marine Street Kodiak, AK 99615 907 486 0355 Office 907 486 0253 Fax 907 486, 6510, Voice Mail' 907 4865625 After'7 pm donna @glokalseafoods com TRANSCRIPT OF PROCEEDINGS Planning & Zoning Meeting - April 19, 2000 (Previous portion not requested) CHAIRMAN SELIG: Thank you. We have one more case in public hearing, that would be Case D, 00 -003. The applicant is Global Seafoods Kodiak LLC, limited liability company. Agent is Gerald Ensley, general manager. The request is a variance in accordance with KIBC Section 17.57.080.h.1 Parking Spaces and Dimensions. To permit 20 -foot wide aisle -widths instead of the required 24 -foot widths for the required parking on Tract 18A, ATS 49. Location is 800 Marine Way. The zoning is I, industrial. Staff Report? MR. SCHOLZE: You have been provided with a supplemental memorandum with kind of an update and more information since last week's packet review work session. That little packet contains an updated site plan, which basically eliminates some of the aisle that was designated last week so that the variance, if granted, would apply only to the cross- hatched area shown on this plan updated, dated April 19th. You'll also note a notation on there that indicates that there are, on the northerly part of that entryway near the newer cannery building, near the doors where they go up to the offices, there are two supports for overhead pipes of some sort from the refrigeration building. You can see those. They're kind of indicated in photos 1 and 2. We have copies of eight photos that were provided to the Commission at last week's packet review work session. We have recopied, as part of this eight, what seem to be the most relevant of those photos. Photos 1 and 2 show those stanchions or support. The overall effect right there at the point of those poles, support poles, is to reduce -- it creates a bottleneck that effectively reduces the aisle width at that point to 17 feet. Now, since this variance request is for a minimum width of 20 feet, these pipe supports will either have to be removed or re- engineered to achieve at ground level, 20 foot unobstructed width for reasonable two -way vehicle passage in order for the variance as requested to be valid. So that has been added as a condition of approval. It appears as condition of approval number 2. Staff was -- I was down on site this afternoon just to update you, give you a report. There were 13 vehicles parked either on or in front of the buildings on that property. Certainly very few of them in compliance with a parking plan, but off the road anyway or at the side of the road. But in spite of that, what was obvious in the site visit was the demolition of the old cannery building, and I wanted to call it the yellow building, but in these photos -- if you look at photo number 4, it's the building to the left just under what's designated as Tract 18A. And that photo is no different today than it was last week. Essentially it means that demolition has not yet begun, at least of the exterior of that building as far as an observer could see from outside. Photo number 4 also shows you clearly another issue that has come up, and that black line designates the property line so you can see that the two buildings share a common wall right along that property line. And there has been attached here -- or in your packet last Deposition Services, Ltd. P.O. Box 3629; Kodiak, AK 99615 (907) 486 -6221 Case No. 00 -003 - I week, an exchange of letters from attorneys about how to deal with that party wall or common wall if the building is demolished. And apparently that has stalled some of the progress on demolition. The Staff Report here, if the Commission is willing to establish a specific extended time frame for completion of required parking, a second motion has been suggested here. And in specifying by motion an extended deadline if needed or appropriate as part of this action, the Commission can in no uncertain terms place the applicant on notice that zoning enforcement action will be initiated immediately through the Borough attorney, potentially leading to a stop work order and plant closure if the extended deadline is not met. And recommended motion number 2 which has not really set the deadline, that was left for the Commission with perhaps input from the applicant and neighbors, but that would serve that purpose and then the applicant would be essentially formally on notice. The original deadline, April 20th, tomorrow, clearly will not be met. So Staff recommendation at this point is that the request meets conditions necessary as reflected in findings of fact for the variance to be granted. So Staff recommends that the variance be granted, but also recommends the deadline for compliance be extended as appropriate but specified in motion number 2. And if you read that motion, then it makes clear that enforcement follows immediately if that in fact can't be met for whatever reason. It is further recommended a condition of approval be added requiring the two pipe supports, that they be either removed or re- engineered so that there is 20 feet at ground level so vehicles can pass. CHAIRMAN SELIG: Thank you, Bob. What is the wish of the Commission? Mr. Razo? COMMISSIONER RAZO: Thank you. I'll make a motion to grant the variance in accordance with Kodiak Island Borough Code Section 17.57.080.h.1 Parking Spaces and Dimensions, to permit 20 -foot wide aisle widths instead of the required 24 -foot widths on Tract 18A, ATS 49, subject to the condition of approval contained in the Staff Report dated April 1 lth, 2000, and to adopt the findings in that Staff Report as findings of fact for this case. UNIDENTIFIED VOICE: Second. CHAIRMAN SELIG: Thank you, Greg. At this time, I would like to -- I think we will just wait till after we have public testimony as to maybe working on the appropriate motion number 2. So, at this time, I would like to close the regular meeting and open up the public hearing. Those wishing to speak on this, please come forward to sign in. And the local number if 486 -3231 and the 800 number is 1- 800 - 478 -5736. Please state your name and we will allocate five minutes. At four minutes, I will let you know. Thank you. Deposition Services, Ltd. P.O. Box 3629; Kodiak, AK 99615 (907) 486 -6221 Case No. 00 -003 - 2 MR. JONES: Thank you. My name is Walter Jones. That was all that was required, wasn't it, just the name? CHAIRMAN SELIG: Yes. MR. JONES: ,I have some updated photographs. You've seen copies of my photographs in your packet. The latest were done this morning. There was not any cannery work being done this morning. And I am a little confused, maybe somebody can help me with this, but this first came up around November, didn't it, that they were going to provide parking? Was that the original request? CHAIRMAN SELIG: Staff, Bob, could you comment on that, please. MR. SCHOLZE: The permit was issued, yes, I think in November, and the original deadline was April 1st. And you're right. MR. JONES: Right. No changes? So we're going to give some more time. I would ask that perhaps you not give more time, but tell them to get it cleaned up and then come back. And when he's done it, give him the variances he wants. You know, give him the -- tell him he's got to do it within 20 feet and when he's all finished with it and can show proof that he has done this and he has provided the parking spaces. Now, his carport cover that he just put on to keep the fish from going out into the channel, was put up and it had to be put up by DEC's, local DEC, by the 15th. Now, Saturday, they were working on it. I think Saturday was the 16th. Of course, there are no employees working at DEC locally here, so it was not -- they didn't meet that date. Now, we're going to set another date. They haven't started with the November date originally and they haven't met that. I would request that you consider telling him when he has it all in line, come on in. He has put up a new building. He has put up some big brown tank, I don't know what that does. He is still parking over the line. The City says yep, he's illegally, so I just see a whole lot of things going on that would perhaps help in the cannery's situation for profit. There is no profit in parking, and unless you draw a line in the sand, I'm afraid you'll just move it and move it and move it. Thank you. CHAIRMAN SELIG: Thank you, Mr. Jones. Are there any others that wish to come forward and speak on this item? The local number is 486 -3231. The 800 number, 1 -800- 478 -5736. Thank you, Mr. Jones. Hearing none and seeing none -- excuse me, we have one person coming forward. MS. KALSIC: My name is Ann Kalsic. CHAIRMAN SELIG: Thank you. Deposition Services, Ltd. P.O. Box 3629; Kodiak, AK 99615 (907) 486 -6221 Case No. 00 -003 - 3 MS. KALSIC: My husband and I have Fuller Boatyard and the property across the street. I would like to request that you pick a date seriously for parking to be provided. Right now you have a great plan. It's on paper. The parking spots 4 through 9 are in a building that has not been torn down. It was supposed to be torn down by tomorrow. Part of the parking problem for the neighbors down there could be solved with a bus. Cook Inlet Processing has two buses a day, collect people both from my renters and from ISA's bunkhouse across the street from our property. Jerry keeps saying that in the future this problem will be solved. This impact is on the neighbors and the businesses on either side now. If you had to live with this every day, I think that your irritation factor would be as high as ours. Thank you. COMMISSIONER LINDSEY: Question? CHAIRMAN SELIG: Thank you, yes. Question, Ann. Mr. Lindsey? COMMISSIONER LINDSEY: Ann? MS. KALSIC: Yes. COMMISSIONER LINDSEY: I would like to get your input as to how you feel -- I think I have it, but you're somewhat skeptical as to the level of compliance and you as an impacted property owner demand a firm date. MS. KALSIC: Yes. COMMISSIONER LINDSEY: And what kind of a time frame do you think is adequate, considering the allowances that have been granted to this point? MS. KALSIC: Well, I have to look at it from the boatyard point of view. I have 45 guys working out there now. I have plenty of parking in the boatyard for my clients. I'm required to have that whenever I get a building permit. Before I can get a building permit, I'm required to have a parking plan. There was no parking plan when this permit was given. So if it's good for me, it should be good for my neighbors. I would like to see that you pick a date and have them stick to it. When I walked in here, Jerry said the problem would be solved by January 1st next year. That's not soon enough. We have herring boats leaving now. We have salmon season coming up. We have more salmon boats than herring boats. My neighbors have no parking. They would like to get their equipment out to start salmon fishing season, too. This has been a residential neighborhood. Our business has impacted it April, May, August and September. Global Seafoods operates 24 hours a day. Many of the people that live down there will not come in and speak before you. They have never participated like you do every week, and I think it's time you think of them even though they're not able to come here and express their opinions. I thank you. CHAIRMAN SELIG: Yes, Ann, I have a question for you. Deposition Services, Ltd. P.O. Box 3629; Kodiak, AK 99615 (907) 486-6221 Case No. 00 -003 - 4 MS. KALSIC: Yes. CHAIRMAN SELIG: Give me your thoughts on the condition of the road entrance and exiting down there as you come by KEA, into that area? And, I guess, the other question, did you participate in the City's when they came down there and were presenting a plan for that area? MS. KALSIC: Yes, I did. CHAIRMAN SELIG: Okay. What are your thoughts on that road now? Because I -- the history of Tagura as I know it, it was never intended to be a high impact road. It was always just a thin road, and it's hard getting in and getting out. And I know, your traffic alone for the boatyard is at this time a year and into salmon up until late fall, is pretty impacted. And now with the cannery there, Global, I can understand your concerns. I think the road probably -- and give me your concerns on that one area down there then. I have a hard time thinking that maybe it's too -- it's seriously impacted. MS. KALSIC: Well, that's correct. And part of the problem is that Global uses half of the road itself, half of the right -of -way, to park their vehicles there. The vans are out in the street already, then they park vehicles in front of that, and then they come up and park their large truck and offload either side with the forklift. 5 o'clock in the morning the other morning, I was awakened by a loud boom, and I thought maybe something had happened. I got up and went down, looked out the window, and they had unloaded totes up to our triplex up onto my property and on the other "side of the street so there was no traffic either direction. So they have not been a good neighbor to any of us. CHAIRMAN SELIG: Thank you. Yes, is there any other -- yes, yes. MR. JONES: May I have just a moment? CHAIRMAN SELIG: Yes, Mr. Jones, we'll allow you one moment, okay. MR. JONES: At the work session, I said 20 feet seemed to be a little short, you know, and that the McDonald's drive -thru, I think we're all very familiar with, was 18 -6, 18 feet 6 inches. Well, I had a chance to go through there tonight because .I needed dinner. Well, I drove through and there was a pickup truck with mirrors extended in a normal pickup, pulled off to the left to wait for something to be delivered. I picked up my package and went around it. Now, two adult slow careful drivers barely made it in the 18 -6, but there was inches between our -- my little mini -van and the truck that was there. So, it can be done. Let us consider the drivers. If they're young, if they're in a hurry, they may not have the same care. Thank you. CHAIRMAN SELIG: Thank you, Mr. Jones. Are there any others wishing to speak on this case? Mr. Ensley? Deposition Services, Ltd. P.O. Box 3629; Kodiak, AK 99615 (907) 486 -6221 Case No. 00 -003 - 5 MR. ENSLEY: Thank you. My name is Jerry Ensley, I'm the general manager of Global Seafoods. In your packets as well, is a letter from our attorney addressing the issue of the common wall, or party wall as she refers to it. I've had this wall inspected by engineers as well as contractors, and the wall is not a party wall. The wall is my wall. It belongs to our building. It does not belong to ISA's building. Therefore, once we have solved that problem with ISA and their portion of their, as I referred to it as a, shed. I apologize. The other portion to their lean -to warehouse is self - supporting. It has its own columns, it stands completely by itself. It is only attached to my building via about a 1/8 -inch piece of steel that they use to keep the rain out of the building. It's a matter of resolving that. I have no problem with the conditions given on the -- I can't think what Bob -- supplemental memorandum. No problem whatsoever. In fact, I would insist that you do give me a date. We started this corporation and this company with a group of gentlemen that are not familiar with Alaskan law as I was not familiar with Alaskan law. I'm not going to make excuses for it. We're learning. We've made some big mistakes. Probably the biggest mistake we made was allowed -- we were allowed to get a permit and allowed to build that refrigeration building. Had I known that we needed a 24 -foot wide driveway, I would have not built it there. Had I known that I was going to be running into all these difficulties with parking, we would have not built it there. We would not be here. That's just that simple. I have spoken with the owner of this company. He is at about his wit's end as I am. I will go and have an engineering firm and an architect, at my expense, redesign the driveway columns so that they can be removed. I will try to have that to you within a week. As my attorney has requested, we would like to have the 60 -day extension, but I'm willing to live with whatever time you decide. I realize we've impacted that neighborhood drastically. I want to solve it. I don't want to be a bad neighbor, but enough is enough. So, we would like to solve it as quick as possible. CHAIRMAN SELIG: Yes, Mr. Ensley, I have one question for you, sir. MR. ENSLEY: Yes. CHAIRMAN SELIG: Realistically now, I think we touched on it, the April 20 is going to come and go. MR. ENSLEY: The reason April 20th is going to come and go, Mr. Selig, is very simple. I didn't want -- did not want to get into a litigation battle with ISA. Consequently, I do not want to get into a litigation battle with the Commission either. So, I'm kind of in a tough spot here. I think we can through our lawyers resolve the issue of the party fairly quickly. Even if I have to pay to cover their interior wall for them so that I can proceed with the demolition. I'm willing to do that or share the cost with them at least. But I did not want to get into a litigation battle; therefore, I did not touch it for fear of litigation, obviously. Deposition Services, Ltd. P.O. Box 3629; Kodiak, AK 99615 (907) 486 -6221 Case N. 00-003-- 6 MR. CHAIRMAN: The question I then would present to you is, as I listen to Staff, we're probably going to make a second recommendation later on this evening. Could you help me with maybe a time frame that we can work with. We really need to have something, because once we make that this evening it's going to be held to. MR. ENSLEY: My lawyers suggested that we ask for a 60 -day extension, given the consequences of lawyer -to- lawyer discussions and so forth and getting anything accomplished very quickly. I can very easily live with a 60 -day extension if you feel comfortable with that. But by the same token, if you do not, and you wish to make it shorter, then I will be forced to push the issue as fast as I possibly can and explain to my lawyer as well as ISA's lawyer as well as the City attorney, that if we can't complete it by the legal, you know, through the legal means, by the time you give me, then obviously we're going to have to face the consequences. MR. CHAIRMAN: Thank you, I appreciate your comments. MR. ENSLEY: Yes, sir. MR. CHAIRMAN: Yes, Mr. Lindsey. COMMISSIONER LINDSEY: Given the history, and I wasn't here at the start of this, I would like to know what other mitigating efforts you have made and also what concessions you would plan on making because it's going to have abig difference on how I feel about extending you what I see is more time. I real -- and I commend your efforts for starting up this old plant. I know what was there. And we need the industry, we desperately do. However, it's exactly a good neighbor issue. MR. ENSLEY: Yes, I understand that. COMMISSIONER LINDSEY: Have you considered hiring one of the cab companies? Can you relieve some of this effort? MR. ENSLEY: I have made arrangements with a property owner down the street to park my excess vehicles. I have requested all of my people, in writing via memos, to please carpool as much as possible. I have also issued memos to all of my staff to please be as considerate of the neighbors as possible. In response to something that was said earlier, I personally, along with my chief engineer, walked that road, and there are several areas that I can physically show you that Tagura Road is less than 18 feet wide on driveable surface prior to getting to my area. I agree with Ann. I sympathize deeply with Ann, but because of the physical limitations with the buildings that I have now, I have no choice but to bring my truck down and offload. I have to store all of my equipment, my fiber in another building. I do not have the physical room. Deposition Services, Ltd. P.O. Box 3629; Kodiak, AK 99615 (907) 486 -6221 Case No. 00 -003 - 7 My comment to her that things would be resolved by January 1, indicates that we are going to make a major move, very quickly, very rapidly. That does not solve the immediate problem, and I am very, very much in tune with that problem. I can not stop my people from driving recklessly. I have asked and the police department has come down and ticketed. Ann herself has called and had tow trucks come. I have not -- I have told my people time and time again, do not do those things. I cannot police them 24 hours a day. I will look into -- again, I have requested from the owner of the company to allow me to buy a bus similar to CIPs. I have not gotten the okay yet. We have put $6.5 million into that property, and it's at the end of our time. We have gone as far as we are going to go for right now. So, all I can tell you, sir, is that, yes, we are trying, but there are a lot of things that have happened that none of us were aware of going to happen or we would have not even started this. CHAIRMAN SELIG: Thank you. MR. ENSLEY: Thank you. CHA RMAN SELIG: Yes, Mr. Razo. COMMISSIONER RAZO: You know, Mr. Ensley, I am extremely troubled by you coming before this Commission and saying that you either did not take the time to look into existing ordinances, local law, or disregarded those when you chose to make this venture. And that's what I'm hearing you say, that you didn't know you had to comply with the law. If you didn't know, I think that's your problem and that's why you're here today. MR. ENSLEY: That is correct, sir. COMMISSIONER RAZO: Now, as an attorney and also a member of this Commission, I don't think that anybody on this Commission is going to wait until the lawyers that you and ISA have handling your problem come to some resolution. I think that the Commission fully intends to specify a deadline. And from my experience, when you as the client tell your lawyer what the deadline is, it's his job to come up with the solution by that deadline. So, I don't think you should expect to cut a lot of ice today and come in here and claim you didn't know that you had to comply with this parking problem and the laws that relate to the parking issue. I mean, that was your responsibility. MR. ENSLEY: I agree. CHAIRMAN SELIG: Thank you. Yes, Mr. Himes. COMMISSIONER HIMES: We've got a call on the line. CHAIRMAN SELIG: Yes, we have a call. Can we take that call, please. Your name, please? Deposition Services, Ltd. P.O. Box 3629; Kodiak, AK 99615 (907) 486 -6221 Case No. 00 -003 - 8 MS. BERNS: Yeah, hi. My name's Lacey Berns. And I live in that neighborhood, and I've lived there for about 16 years with my family. And I guess that we've probably been the most impacted in terms of the parking situation since late December when Global started operating. And we've been friendly and have suggested other places for the cars to park. And they most seem -- most of the cars seem to belong to the workers who work in two shifts during the 24 hours. But right now, there are 10 cars blocking the front of my property. And I had asked the office manager in March if they could please see that we had at least three car - lengths in front of our house during the spring so that we could start working on fishing gear and move skiffs. And, anyway, they did that for one or two days, and then just this last week we've had the same problem with the 10 cars. So, I guess I have a question. For the long term, will the demolition of the yellow building allow for enough parking space of the 10 cars which are parking in front of my house. And if not, then what's the plan? Because I'm not sure I'm hearing exactly how many places this plan will provide. And I know for sure that we're being impacted by 10 cars. So, we would really like our little neighborhood to go back to where it was a few months ago. And I really ask that the property owners look into other options for their cars. We live in very tight parking ourselves, and we've used the front of our house for parking for many years. We don't have that option right now, and I feel like we've really had to bear the burden of their parking situation. And I just request that you do something immediately for the short term, so that the cars, you know, even if they had to park downtown and walk five minutes, it's not a long walk. So, thank you for listening to my comments. CHAIRMAN SELIG: Thank you very much, Lacey. A question before you go off. Were you living in the neighborhood when there was any other cannery activity down there? MS. BERNS: Well, what I remember in 1984, it was pretty quiet down this way. And I think when Whitney owned that area, they had the entire storage yard that ISA owns now, where they have, you know, so there was a lot of parking area for that cannery. And what I remember as well is that there were a lot of vessels that they would pull up and store in that area as well. And so once ISA bought that property, they've been storing all of their equipment there. It's, you know, it's no longer available for parking. It's really very congested. Especially down here where folks drive into the boatyard. And, you know, we've always been able to live with some of the industrial activity because we leave town in the summer. But, this has been going on for quite awhile. And I just have to say that probably the most annoying thing is the noise level at all hours of the night and the cars without the mufflers that start up and the cars that won't keep running once they're started. And we're just a few feet away from that, and so it's been pretty hard on us as a family. CHAIRMAN SELIG: Thank you, but you are aware then that on one side of the road is residential and on the other side of the road is industrial zone. MS. BERNS: Oh, absolutely. Deposition Services, Ltd. P.Q. Box 3629; Kodiak, AK 99615 (907) 486 -6221 . Case No. 00 -003 - 9 CHAIRMAN SELIG: Then you would probably understand that there would be some activity there. I understand also that there has been not any activity down there for a few years and that is why with the activity of the boatyard which is annual and also now with the start up of Global, it is definitely impacting. And I say again, Tagura Road was never meant to handle that kind of traffic. MR. ENSLEY: That's correct. CHAIRMAN SELIG: Okay, Mr. Ensley, you have a comment, I think. MR. ENSLEY: No. CHAIRMAN SELIG: Okay, thank you. Are there any other individuals that wish to come forward and speak on this issue. COMMISSIONER OSWALT: I have a question. CHAIRMAN SELIG: Yes. Mr. Oswalt has a question for you. COMMISSIONER OSWALT: You've taken care of the parking, the off- street parking. But now, Jerry, what about the loading and unloading of your trucks. Is there any provision to get that out of the street? MR. ENSLEY: The only provisions that are made right now, Mr. Oswalt, is the fact that were initially going in and demolishing 50 feet of this building. And the decision to remove the remainder of the building has not been formally decided upon. Once -- it is going to be done. As to a time frame, I'm not sure yet. But that would solve the truck problem. COMMISSIONER OSWALT: Would that, by removing a little more of the building, then alleviate the loading problem that you've got right now. MR. ENSLEY: It possibly could, but if I start to take any more than 50 feet, then I have to take the whole thing because we stopped at 50 feet because that's where the start of the original metal barge is. The first 50 feet is all wooden structure. And in comment to that, sir, there are other operations throughout this town that also utilize the street on occasions to offload their particular vehicles for nets, boxes, totes, whatever. COMMISSIONER OSWALT: Yes, I've used the street myself. I'm aware of that. But one thing you always have to do when you do use the street is make sure that you have at least one alley, one way to go through, because, if nothing else, of fire danger or something on that order. MR. ENSLEY: There generally is. As Ann indicated, I was unaware that that had happened at 5:00 in the morning. And I will address that issue with the drivers so that it doesn't happen again. But generally speaking, my driver does leave at least one car space to Deposition Services, Ltd. P.O. Box 3629; Kodiak, AK 99615 (907) 486 -6221 Case No. 00 -003 - 10 the side of the truck so there is ample room for people to get through. And the vehicle is left running so in case there is an emergency, it can be moved immediately. COMMISSIONER OSWALT: Well, the biggest problem that I see is that. Is the fact that I was impacted a little bit myself, so I brought that up. I sat there and waited because no one was in the truck. The truck was running, as you say. MR. ENSLEY: Yes. COMMISSIONER OSWALT: But I kind of think that maybe you guys should take a cutting torch to the rest of that metal building. MR. ENSLEY: It is in the works. I just can't tell you when. COMMISSIONER OSWALT: Okay. CHAIRMAN SELIG: Thank you, Mr. Oswalt. Yes, just a comment as to what Reed just said. I drove the area three times this last week, and I noticed cars parked across, I don't know, they might be your employees and they might not. But I did notice that one time I drove down there, there was this truck and they were unloading some totes or some boxes, but I think they could have probably parked that truck in a little more convenient area so that it could've -- it was hard to go around either way. Coming back I know I was kind of squeezed for shortness, so that might be just a suggestion to you that you might talk to your drivers and see if they can think of the neighborhood as to traffic coming and going, you know, when they are stopped. MR. ENSLEY: Yes, sir. I sure will, you bet. CHAIRMAN SELIG: Are there any other issues or questions for Mr. -- thank you, Jerry, I appreciate it, okay. MR. ENSLEY: You bet. CHAIRMAN SELIG: Are there any others that wish to speak on this case? Local number 486 -3231, 800- 478 -5736. Hearing none and seeing none, we will close the public hearing and reopen the regular meeting. Commissioners? Yes, Mr. Himes. COMMISSIONER HIMES: I've got a couple concerns on this. The first being that a few months ago we denied an applicant for the very same reason. They didn't have enough parking. We denied it before he was even allowed to build. In consequence, he had to move his business or is in the process of moving his business. And I can't see approving another one. Deposition Services, Ltd. P.O. Box 3629; Kodiak, AK 99615 (907) 486-6221 Case No. 00 -003 - 11 The other concern is, I drove by there this evening right around 6 o'clock, and I've been driving by on a regular basis and checking. There's been no improvements at all to parking. As a matter of fact, there's more stuff in that area now than there was last week. There's some processing equipment, some totes. It could be used for parking. I haven't seen any improvement in the area and I can't vote for this. CHAIRMAN SELIG: Okay. COMMISSIONER BELL: Mr. Chairman? CHAIRMAN SELIG: Yes, Donna. (Tape change) CHAIRMAN SELIG: ...with this talking here we'll probably either go through with a second motion. You know, I -- go ahead, please. COMMISSIONER BELL: Well, actually, that's a flip. If the first motion doesn't pass, do we worry about the second motion? That takes care of it. CHAIRMAN SELIG: That takes care of it, yeah. COMMISSIONER BELL: Okay. CHAIRMAN SELIG: I guess the concern I have is I understand that as Mr. Ensley stated that he came in probably not knowing what he was getting into. And again listening to what Mr. Razo said, you know, he probably should have checked a lot of things before he did what he did. But not having done that and being into the ball game as they say, definitely he's not ahead. He's behind. But I would kind of like wish that -- and this is helping the city and people are getting money in their pockets and feeding their families and there's money going to the city coffers, maybe they can put some gravel on the road down there. But I'm inclined to hopefully see that he can fulfill what he's requesting in the variance. And I think what we would need to do as a Commission is to establish a definite time for Global to get it done. And if you can't get it done in that time, then maybe as Mr. Himes said we should just go ahead and deny it. But I would be willing to see if he could. He does have an operation going down there. I know that Kodiak is a fishing community, and this is what it's all about, fish. So, I would go -- I would run with for awhile to see if he could take care of all the problems he has down there and we go ahead with that second motion to set a definite time. And that's about where I'm at. Any other comments from the Commission? Mr. Razo? COMMISSIONER RAZO: I guess my comments are that this particular industry has b'een happening on that section of road for a long time. It's good that it's restarted, I guess, in terms of economics; not so good for the residential area that's grown up right next to it. Deposition Services, Ltd. P.O. Box 3629; Kodiak, AK 99615 (907) 486 -6221 Case No. 00 -003 - 12 But certain of the parking spaces that we're talking about are grandfathered in just because this has been disused for a long time. I'm a little dismayed that here we are on the 19th and we need to push back a request -- to have a push back on when this completion is going to be. I'm even more dismayed about the correspondence I see between these two companies' lawyers. I think that you're right, Clarence, that it's probably appropriate to give them a specific deadline. I would suggest that it be something like June 15th, and that it be a drop dead deadline; that if this isn't done, if this problem isn't fixed, then enforcement happens. And I think that's the best approach. CHAIRMAN SELIG: Thank you, Mr. Razo. That's -- I'd like to ask the Commissioners their comments on the date of June 15th. COMMISSIONER HIMES: Can we take care of the first motion? CHAIRMAN SELIG: I think we should have some discussion on this. Okay, we'll do it that way, right. Thank you, Mr. Himes. COMMISSIONER HIMES: Motion on the floor. CHAIRMAN SELIG: Motion on the floor. Questions? Roll call, Jennifer. SECRETARY SMITH: Mr. Stewart. COMMISSIONER STEWART: Yes. SECRETARY SMITH: Mr. Razo. COMMISSIONER RAZO: Yes. SECRETARY SMITH: Mr. Oswalt. COMMISSIONER OSWALT: Yes. SECRETARY SMITH: Mr. Lindsey. COMMISSIONER LINDSEY: Yes. SECRETARY SMITH: Mr. Himes. COMMISSIONER HIMES: No. SECRETARY SMITH: Mrs. Bell. COMMISSIONER BELL: Yes. Deposition Services, Ltd. P.O. Box 3629; Kodiak, AK 99615 (907) 486 -6221 Case No. 00 -003 - 13 SECRETARY SMITH: Mr. Selig. COMMISSIONER SELIG: Yes. SECRETARY SMITH: Motion carries. CHAIRMAN SELIG: Thank you. And now, as suggested by Staff, we have the necessity to make a motion number 2 which would establish, formally establish, an extended deadline, as Mr. Ensley has stated he needs. And this is going to be a very firm deadline. It was suggested by Mr. Razo that we set that date to be June 15th of the year 2000. And at this point, I would entertain somebody to make a motion, or before we make a motion perhaps we have some discussion on this. We'll entertain a motion and then discuss, okay. COMMISSIONER HIMES: Yeah, we need a motion first. COMMISSIONER BELL: Make the motion first. CHAIRMAN SELIG: Please do, Donna. COMMISSIONER BELL: Move to formally establish an extended deadline, of June 15th, 2000 for completion of the 10 required parking spaces on Tract 18A according .to the Parking Plan updated on April 19th, 2000, or to otherwise satisfy this parking requirement as prescribed by Code. This Motion is made with the Applicant's understanding that failure to install this required parking by June 15th, 2000 consistent with all applicable parking development standards will result in immediate zoning enforcement action through the Borough attorney. COMMISSIONER STEWART:. Second. CHAIRMAN SELIG: It's been moved and seconded. Commissioner discussion? Yes, Mr. Oswalt. COMMISSIONER OSWALT: I think that the witness is wrong. I think why don't we go a 30 -day period. COMMISSIONER HIMES: I'm very inclined to agree. UNIDENTIFIED VOICE: So you'd be talking May 20th? UNIDENTIFIED VOICE: May 20th. UNIDENTIFIED VOICE: From the original. UNIDENTIFIED VOICE: From the original. UNIDENTIFIED VOICE: It's an additional onto the original. Deposition Services, Ltd. F.O. Box 3629; Kodiak, AK 99615 (907) 486 -6221 Case No. 00 -003 - 14 UNIDENTIFIED VOICE: And then that's it. CHAIRMAN SELIG: Yes, Mr. Lindsey. COMMISSIONER LINDSEY: I'd like to add that there are a number of properties, there are still a few somewhat vacant properties, and there are avenues that could have been pursued to secure additional parking nearer to the area. Whether it's negotiate, a property owner will move his own car if the price is right, that is an avenue that is available. We're giving for. the second time the same (indiscernible) as Ann related, they are active citizens. We aren't hearing from the people that are impacted and afraid to speak up. I would like very much to strongly urge Mr. Ensley to consider 30 days. UNIDENTIFIED VOICE: Please make a motion to amend. CHAIRMAN SELIG: We need to amend the Motion. We have a date of June 15th. So if there is a Commissioner that would wish to amend the motion to make it COMMISSIONER BELL: Clarence? CHAIRMAN SELIG: Yes. Mr. Ensley, would you like to MR. ENSLEY: I don't know if can do this, but CHAIRMAN SELIG: Well, I think that under the circumstances MR. ENSLEY: I'm a little out of order, I realize that. But if you would consider June 1, I will give you this guarantee, that I will hire one extra person to patrol the parking situation per shift. And that person's designated job will be to keep the parking in line until we can solve this problem by June 1. Thank you. CHAIRMAN SELIG: Thank you. It has been suggested and asked by Mr. Ensley that this Commission change that June 15 date to read June 1. Do I hear anyone that would support that? COMMISSIONER BELL: I could live with that. CHAIRMAN SELIG: Excuse me? COMMISSIONER BELL: I could live with that. COMMISSIONER RIMES: Need to make a motion to amend it. COMMISSIONER BELL: Okay. I'd like to make a motion to amend the Motion number 2 to establish an extended deadline of 6 -1 instead of 6 -15 -2000. CHAIRMAN SELIG: Thank you. Deposition Services, Ltd. P.O. Box 3629; Kodiak, AK 99615 (907) 486-6221 Case No. 00 -003 - 15 COMMISSIONER STEWART: I'll resecond. CHAIRMAN SELIG: Moved and seconded. Will there be any further discussion on this? Jennifer, could you take roll call, please. SECRETARY SMITH: Mr. Oswalt. COMMISSIONER OSWALT: No. SECRETARY SMITH: Mr. Lindsey. COMMISSIONER LINDSEY: No. SECRETARY SMITH: Ms. Bell. COMMISSIONER BELL: Yes. SECRETARY SMITH: Mr. Razo. COMMISSIONER RAZO: Yes. SECRETARY SMITH: Mr. Stewart. COMMISSIONER STEWART: Yes. SECRETARY SMITH: Mr. Himes. COMMISSIONER HEVES: No. SECRETARY SMITH: Mr. Selig. COMMISSIONER SELIG: Yes. SECRETARY SMITH: Motion carries, 4 -3. CHAIRMAN SELIG: Thank you. That concludes this evening's public hearing session. (End of requested portion) Deposition Services, Ltd. P.O. Box 3629; Kodiak, AK 99615 (907) 486 -6221 Case No, 00 -003 - 16 CERTIFICATE STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT I, Jacqueline K. Herter, hereby certify: That the foregoing pages numbered 1 through 16 contain a full, true and correct transcript of a portion of the proceedings in Case Number 00 -003, Tract 18A, ATS 49, transcribed by me to the best of my knowledge and ability from two electronically- recorded tapes. DATED at Kodiak, Alaska, this 24th day of April, 2000. SIGNED AND CERTIFIED TO BY: ■ij-e Jacquelin . Herter, CPS, CERT Notary Public My commission expires: 06 -09 -02 Deposition Services, Ltd. P.O. Box 3629; Kodiak, AK 99615 (907) 486 -6221 Case No. 00 -003 - 17 lr_ *CASE 00 -003* CITY TIDELAND TRACT 18-A, ATS 49 PUBLIC HEARING NOTICE AREA: 350 FENT FROM EXTERIOR LOT LINES. efi:/f • i• itt;(fi. kv,A4Nt 1:1344.."L:s' 21112a.o. • • • • Kodiak Island Borough SUPPLEMENTAL MEMORANDUM DATE: April 19, 2000 TO: Planning and Zoning Commission FROM: Community Development Departmen SUBJECT: Information for the April 19, 2000 Regular Meeting CASE: 00-003 APPLICANT: Global Seafoods Kodiak, LLC Public Hearing Item VI-D REQUEST: A variance, in accordance with KIBC Section 17.57.080.H1--Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty-four (24) foot widths on Tract 18A, ATS 49. LOCATION: 800 Marine Way East ZONING: I-Industrial COMMENTS Last week's staff report is supplemented here by an updated site plan dated April 19, 2000, eliminating some of the aisle _ - (between existing cannery buildings) to which the variance would apply if granted. As a result, the variance would apply only to the area indicated by cross-hatching. The . eight (8) most relevant photos submitted at last week's packet review have also been copied and included. Photos #1 and #2 show two (2) pipe supports adjacent to the newer (northerly) cannery building near the entrance to the upstairs offices. They create a bottleneck effectively reducing aisle width to seventeen (17) feet at that point. Since the variance request is for a minimum width of twenty (20) feet, these pipe supports will have to be either removed or re-engineered to achieve at ground level twenty (20) foot unobstructed width for reasonable two-way vehicle passage in order for the variance to be valid. This has been added as a recommended condition of approval. A site visit this afternoon revealed that, while there were thirteen (13) vehicles variously parked in front of the buildings on Tract 18A, either on the property or at the side of the road, demolition of the old cannery building necessary to install parking spaces #4 through #9 has not yet begun. This has apparently been complicated by a common wall shared by the building to be demolished and, the building on the adjacent Case 00-003/Supplemental Memorandum Page 1 of 3 P & Z: April 19, 2000 • • Public Hearing Item V1-D property (Tract 16B), as evidenced by the attached exchange of letters between attorneys. Obviously, the , April 20th deadline will not be met. If the Commission is willing to establish a specific extended time frame for completion of required parking improvements on Tract 18A, a second motion is suggested. In specifying by motion an extended deadline as part of this action, the Commission will, in no uncertain terms, place the applicant on notice that zoning enforcement action will be initiated immediately through the Borough Attorney, potentially leading to a stop-work order and plant closure, if the extended deadline is not met. Recommended motion #2 will serve this purpose. RECOMMENDATION Staff believes that this request meets all the conditions necessary, as reflected in the "Findings of Fact" for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. Staff also recommends that the deadline for completion of required parking improvements on Tract 18A be extended as appropriate and as specified in Motion #2. It is further recommended that a condition of approval be added requiring that the two (2) pipe supports adjacent to the newer (northerly) cannery building, near the entrance to the upstairs offices, which create a bottleneck effectively reducing aisle width to seventeen (17) feet at that point, be either removed or re-engineered to achieve at ground level twenty (20) foot unobstructed width for reasonable two-way vehicle passage APPROPRIATE MOTION #1 Should the Commission agree with the staff recommendation, the appropriate motion is Move to grant a variance, in accordance with KIBC Section 17.57.080.H.1--Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty-four (24) foot widths on Tract 18A, ATS 49, subject to the condition of approval contained in the staff report dated April 11, 2000, and to adopt the findings in that staff report as "Findings of Fact" for this case. APPROPRIATE MOTION #2 Move to formally establish an extended deadline of for completion of the ten (10) required parking spaces on Tract 18A according to the parking plan updated on April 19, 2000, or to otherwise- satisfy this parking requirement as prescribed by code. This motion is made with the applicant's understanding that failure to install this required parking on by , consistent with all applicable parking development standards, will result in immediate wning enforcement action through the Borough attorney. Case 00-003/Supplemental Memorandum Page 2 of 3 P & Z: April 19, 2000 • CONDITIONS OF APPROVAL Public Hearing Item VI-D 1. The ten (10) on-site parking spaces being developed in conjunction with recent construction and this variance request, as identified on the site plan dated April 10, 2000, must conform with the parking development standards of KII3C 17.57.080. 2. The two (2) pipe supports adjacent to the newer (northerly) cannery building near the entrance to the upstairs offices (ref. to photos #1 and #2), which create a bottleneck effectively reducing aisle width to seventeen (17) feet at that point, be either removed or reengineered to achieve at ground level twenty (20) foot unobstructed width for reasonable two-way vehicle passage. Case 00-003/Supplemental Memorandum Page 3 of 3 P & Z: April 19,2000 fr 1-1 , ... ... 2_ '''' , --- ,e Of ci\goi 02— OV .6.R?rleA" t:'‘Cr 011501 err -.:rw6 Po itsr. 1 -rtio,E-Pitust- e,,f.Acrvi) fir /-0e k 0 A-041 ./e vett,c..t..6_. prisp14..e.._. gizacATEo onsA0i:- fa 04. )116.g..e.-- ftePoiuTog cosspi-A-rr--HO GANIrJ61:2-( 00(1..1 •a orrel. ••••■•••• tt? • cd410.1 cvl - • A co- F2- a w _14 • w 1 APR 19 '00 11 :11 ISA- D.PIKE 503 458 5524 April 19, 2000 International Seafoods of Alaska, Inc. P. 1/5 Kodiak • Egegik • Seattle Mr. Bob Scholze, Associate Planner Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 -6398 SENT VIA FAX: 9071 486 -9376 Re: Public Hearing Notice — Case 00-003 _ Request for a variance, in accordance with K 18C Section 17 57.080. H.1. Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty -four (24) foot widths for the required party on Tract 18-A, ATS 49, 800 Marine Way East. Dear Mr. Scholze: As an adjacent property owner, International Seafoods of Alaska, Inc. (ISA) is in receipt of the Public Hearing Notice concerning the above matter, set to be discussed at the Planning and Zoning Commission (P&ZC) meeting this evening, April 19th, in the Kodiak Island Borough Assembly Chambers (agenda Item VI.D., applicant: Global Seafoods Kodiak, LLC). In lieu of verbal testimony, ISA wishes to submit the following written comments for this evening's meeting: On April 11, 2000 ISA received a letter from LeGros Buchanan & Paul on behalf of Global Seafoods, advising us that due to a compliance order from the P&ZC to provide additional parking spaces they intend to demolish a portion of the barge building which shares a common wall with ISA's warehouse. It is my understanding that a copy of that letter was submitted to P&ZC and was indeed included in the packets reviewed by P&ZC at it's work session on April 11th. While referred to in their letter as a "storage shed", ISA's warehouse is not a °shed" at all, but is in fact a 80' long by 36' wide Garco steel structure. On April 17th a response letter was sent by Hedland, Brennan, Heideman & Cooke on ISA's behalf. A copy is attached herewith for your review. Essentially, it is not ISA's intent to contest P&ZC's requirement for Global to provide additional parking, nor to contest Global's above variance request in this matter. Our only concern is with the continued structural integrity of our warehouse which 517 Shelikof Street P. 0. BOX 2997 Kodiak, AK 99615 -2997, USA TEL 907 / 4864768 FAX: 907 / 4864885 2360 west Commodore way Seattle, WA 981991285, USA TEL 206 / 284 -4830 FAX: 205 / 286 -5920 April 19, 2000 Mr. Bob Scholze Page 2 of 2 shares a party wall with Global's barge building, the building Global apparently intends to partially demolish in order to provide additional parking. Naturally I$A's concerns are that there be no adverse effect on our warehouse structure or on the equipment, materials, and supplies currently stored within the warehouse. Should you have additional questions of ISA in this regard, please do not hesitate to contact me at our Astoria office (es indicated below my signature). Respectfully, international Seafoods of Alaska, Inc. Debbie Pike Gov't Relations & Legal Affairs 40654 Karpens Airport Lane Astoria, Oregon 97103 Tel: 503/458-5531 Fax 503/45$ -5524 Email: dpike@pacifier.com Attachments - 3 pages c: Martyr Byme, General Manager - ISA, Seattle Yoshbisa Inoue, Senior Vice President - ISA, Kodiak Jean Franquelln, Plant Manager- ISA, Kodiak Sara Heideman- Hedland, Brennan, Heideman & Cooke 44=R 19•'00 1 12 I5A- D.PIKE 50d 4b AMCAO4AGC• 40.1 1,41 a..I COLA0,14 MAMC9 T. BAtNNAN AAA C. NCIOGMAM ANY L. IAYOl1CLUL PATRICK N. ANDERS °N gI••NEL• CMRISTQPHSR R. CHOKE JIM r. VALGAlRC�, LAIw vPVtCEs fE731.'1.rD• BRENNAN. ETEIDEN►x a- COOKE A •AOIt111ONAL CO11'O1IMTICW IRA7 weal' NiNThr AVCttut. SuJrE 300 ANCHOR/4C. ALASKA 695 01 -3210 YGI.CAWONg 1107: 270 -$520 TIV.CPAS ;907; aia -o *77 April 17, 2000 V!A FACSTMILSr (907) 274 -9649 Cheryl L. Graves, Esq . LeQros Buchanan & Paul 510 L Street, Suite 601 Anchorage, Alaska 99501 Re: Global Seafoods Dear Ma. Graves- art/Art OaFICC= 741 *Cv0NT• Av!Mut A 0• Box 5r$ wrTMEL. m.aeMA llti■!• MC ?.1+7.11Aa we are in receipt of your April 11, 2000 letter to Martin Byrne of International Seafoods 'of Alaska, Inc. (ISA) . This firm represents i5A. Aa we understand the situation, Global Seafoods, as part of a zoning matter which arose due to Global's construction of a refrigeration building on Tract 18A, i9 being required to provide additional parking for that property. Your letter states that Clobal intends to demolish part of the barge building to satisfy these requirements. As your letter also indicates, the barge building shares a party wall with a 80' by-36' warehouse owned by rah, located on Tract 168. Please be on notice that black letter party wall law prohibits your client from taking any act.lon which in any way damages or .destroys the party wall; or which removes or lessen the support that that party wall provides to 25A's warehouse. see, e.g., . 'rd . ;ti - :mil - =. v. .•:•• -tt Re;lt •,,u� 425 S.W.2d 783 (Tenn.App. 1957) r Gimbel- Bras. Incv. Markette CQ p0ratiQn, 200 F.Supp. 95 (S.D.Pa. 1961), aff'd, 307 F.24 91 (3rd Cir. 1962); suliivan v- Donohoe, 191 N.E. 344 (Mass. 2934). Please feel free to call me if you wiali to discuss this further. Sinn erely, a E. Nei man SEH /wjh 1B09- 72\c01 cc: Martin 5yrne Debbie Pike H NODIAN. ISLAND RORIOUOR COMMUNITY DEVELOPMENT DEf'ART 710 Iv1111Bay Road, Kodiak, Alaska 99615 Publi PI)BLIC 'HEARING NO !I I • A public hOring will be held on Wednesday, April 19, 2000. Thro;; meeting will be p.m. in the Borough Assembly Chambers, 710 Mill Ray Road, Kodiak, Alaska, Kodiak Island Borough Planning and Zoning CorninisSion, to hea l. comments if following retmest: I Case 004103. Request for a varialie, ili augurdance with ICIBf SectiOn 17.51.080. .1 Splice.y 6ndiptmensionis, to permit twenty (20) foot wide aisle widths instead of twenty-thur'(24) foot Widths for th4 required party on Tract 49. 800 East. ICE • 1 77E cfrk,ing itiequir0 This notice is being sent to you because ourlirecords indicate you are a property owner in the area of th f . evilest. i If you do /16t w;h i...to testify ;verbally, you may provide your comments $ the space below, or in .$1 ieitter 110 the CoMmuntiy Development Department prior to the meeting. If you would like to fliot your mmrit i.i4, 4ur fax appropriate Oblie hearing section of thameeting. The local call-in te ephone number is 496-32 i'p If e*ti)11 niber is (907) 486.9376. If you would like to testify via telephone, please cal) in your common diri'r. the free tcleplione 'number is 1000-478-5736.: .. -; • • , i One week: prioir! to the regular meeting, on Wednesday, April 12, 2000, a ■ ork sesOion will be held At 0 ?mi. :in I the Kodiak Island Borough Conference Room (H12.1), to review the packet material for the cnso. , i I Kodiak Isiand)3orough enif le provides yc+ with specific aPpeal rights if you seagrce with the •. .1 i . . , • ' ssion's ! . u jail its decision on this reqnest. if yon have any questions about the request or your appeal rights, please fcel t486..93(2. i ! /1117-1L 13 1 1 :100-0, • , , 4‘ ,15 0 Youi N diATI: . i ________________ Malliug Add! • i • ; Your properly d Comments: • rons 4.5 I- AdL4, of peqbe, .1; I r oval, . Mt- p Vt1WW14.1 it de•-•-• m • , 4t/L.-$44.4 trtk_ hA-14 (eheNilwts Bob S'cholze, Associate Planner', Planning and Zoning Commission Members Community Development Department Kodiak Island Borough Kodiak, Alaska 99615 617 Re: Parking Issues on Marine Way/Global Seafoods Parking Requirements March 6, 2000 To Whom It May Concern: We have lived in the neighborhood located across from Fuller's Boatyard since 1984, sixteen years. It is an unusual area in the fact that it is a small, isolated enclave of residential homes amidst, sometimes, busy industrial activities. For the most part, the neighborhood has been quiet and one in which, children can play outside, run down to the park, and parking has not been a serious issue. Our lot is triangular-shaped and wedged between Tagura and Marine Way. Our parking area on Tagura is small, congested, with 5 residences located in the cul-de-sac. We frequently use our property which borders Marine Way to park in front of our house. Also, it is the only access to our shop and fishing gear located in the bottom portion of our home and on our property. We store skiffs and other gear on the Marine Way portion of the lot and need to be able to navigate a truck in the area to move them. We have been fortunate in the fact, that prior to Late 1999, the traffic and boatyard activities have been limited to only a few months a year, particularly in the spring and prior to salmon season and after. Vesset owners typically lift and repair their vessels prior to the season and their activities revolve around those working days in the boatyard. Activity is intermittent. For the most part, we have enjoyed [lying in the area, because we are tocated near a cut-de-sac turnaround at the end of Marine Way. We are isolated from much of the traffic you might expect in an industrial area. And, in the mid-80's some of the cannery activities stowed down due to closures of their plants and thus, created a pretty quiet neighborhood. However, the atmosphere in our area has changed with the expanding activities of Global Seafoods, which is located 0* a coupte hundred yards away. Our tot in particular has been impacted with at least 8 to 12 vehicles parking alongside the entire distance of our tot line, blocking access to our property. Since December, we have been dealing with increased noise, foot traffic, the starting up of engines, at ALL hours of the day and night, not to mention frequent police cruise-bys and tow trucks. At this juncture, 1 would comment that the character of our residential neighborhood has been seriously compromised by the expanded processing-related activity and the lack of adequate parking on the business premises. We have had friendly discussions with folks in the Global office concerning the parking issue. I have placed calls to both the City and to the Community Development Department to voice my concerns over the nature and extent of the parking problem. We have been assured by Global that they are working on a new parking area. However, the entire neighborhood is concerned that this parking situation may not be resolved in the near future. Just driving by today, I did not see enough space located near the demolition site to hold the many vehicles and boom truck which have been parking in front of our residences. While we do support the fish processing industry and encourage more options for fishermen, and we do not want to appear to be obstructive to their expansion, we would tike to see our neighborhood restored to its original atmosphere and pace of activity. We would like to see all the business-retated vehicles permanently parked on and/or near the business' property. We would also like the foot traffic to decline, particularly the noise and vehicle/engine noise between 9:00 p.m. and 7:00 a.m., when folks get off their shift. We are constantly awakened by engines without mufflers during those hours. Thank you for your review of our concern and please include our comments in the record of this issue. We sincerely hope that this matter can be resolved soon. Sincerely, nil's and Lacey Berns 814 Tagura Rd./Block 34, Lots 16 and 17 East Addn. Kodiak 486-5091 cc: City of Kodiak IA 9f;;-:D APR 19'T '00 11:11 . PIKE 503 458 553-2r April 19, 2000 International Seafoods of Alaska, Inc_ P. 1/5 Kodiak • Egeglk Mr. Bob Scholze, Associate Planner Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 -6398 Re: Public Hearing Notice — Case 00 -003 Request for a variance, in accordance with KIBC Section 17 57.080. H.1. Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty-four (24) foot widths for the required party on Tract 18-A, ATS 49, 800 Marine Way East. Seattle SENT VIA. FAX: 907 / 489 -937 ELOPPNiENT. '1ENT Dear Mr. Scholze: As an adjacent property owner, International Seafoods of Alaska, Inc. (ISA) is in receipt of the Public Hearing Notice concerning the above matter, set to be discussed at the Planning and Zoning Commission (P&ZC) meeting this evening, April 19th, in the Kodiak Island Borough Assembly Chambers (agenda Item VL.D., applicant: Global Seafoods Kodiak, LLC). In lieu of verbal testi ISA wishes to submit the following written comments for this evening's meeting: On April 11, 2000 ISA received a letter from LeGros Buchanan & Paul an behalf of Global Seafoods, advising us that due to a compliance order from the P&ZC to provide additional parking spaces they intend to demolish a portion of the barge building which shares a common wall with ISA's warehouse. It is my understanding that a copy of that letter was submitted to P&ZC and was indeed included in the packets reviewed by P&ZC at it's work session on April 111h. While referred to in their letter as a "storage shed°, ISA's warehouse is not a °shed' at all, but is in fact a 80' long by 36' wide Germ steel structure. On April 17th a response letter was sent by Hedland, Brennan, Heideman & Cooke on ISA's behalf. A copy is attached herewith for your review. Essentially, it is not ISA's intent to contest P&ZC's requirement for Global to provide additional parking, nor to contest Global's above variance request in this matter. Our only concern is with the continued structural integrity of our warehouse which 517 Shelikof Street P. O. Box 2997 Kodiak, AK 99615 -2997, USA TEL 907 /4864768 FAX: 907 / 486.4885 2360 West Commodore Way Seattle, WA 981994285, USA TEL. 206 / 284 -4830 FAX: 206 /286-5920 APR 19 '00 11.12 ISA- D.PIKE 503 458 5524 P.2 /5 Ap'ii t 9, 2000 Mr. Bob Scholze Page 2 of 2 shares a party wall with Global's barge building, the building Global apparently intends to partially demolish in order to provide additional parking. Naturally ISA's concerns are that there be no adverse effect on our warehouse structure or on the equipment, materials, and supplies currently stored within the warehouse. Should you have additional questions of ISA in thi regard, please do not hesitate to contact me at our Astoria office (es indicated below my signature). Respectfully, International Seafoods of Alaska, Inc. Debbie Pike Gov't Relations & Legal Affairs 40654 Karpens Airport Lane Astoria, Oregon 97103 Tel: 503/458-5531 Fax 51)31458-5524 Email: dplke(pacifer.com Attachments - 3 pages Martyr Byme, General Manager — ISA. Seattle Yoshhisa Inoue, Senior Vice President - ISA, Kodiak Jean Franquelin, Plant Manager- ISA, Kodiak Sara Heideman- Hedland, Brennan, Heideman & Cooke • APR 19•'00 11:12 I8A- D7PIKE .50- 458 5524 ANC$ORAOC: a..ICGL.".i14 rAMC3 T. BAENN.sr+ 64A• G NCICCMAN NW/ L• VAYOR61.11L PATR/Cd M. ANIGICREO M RF•MEL• crow xrgPNCR R. COOKE JIM .h VAI.GARCC 1.*w OFFICES NEX X. YD• BREN AN. SEIDEMN &. COQU A IROK1NOMAt 61111KRATICI4 12M7 WEST N7NTm AVr$Wt.5WT; 300 ANCIIOAASG ALASKA 998OI -3219 YGI.CMMONe f01071279-65211 TgLCFAx ;907; 278 -O$77 April 17, 2000 VIA FACSIMILE: (907) 274 -8649 Cheryl L. Graves. Ems. LeGros Buchanan & Paul 510 L Street, Suite 601 Anchorage, Alaska 99501 Re: G1cbal Seafoods Dear Ma. Graves: aE?M'L OfFiCC_ 2$1 $Ctielem £V MLC x.4- sox S55 4LTwe�. Aya(Q.1tl. ***so ■:C7. I+i•27Y we are in receipt of your April 11, 2000 letter to Martina Byrne Of International Seafoods of Alaska, Inc. (ISA). This firm represents ISA.. As we uaderetand the situation, Global Seafoods, as part of a zoning matter which arose due to Global's construction of a refrigeration building on Tract 18A, is being required to provide additional parking for that property. Your letter states that Global intends to demolish part of the barge building to satisfy these requirements. As your letter also indicates, the barge building shares a party wall with a B0' by 36' warehouse owned by ISA, located on Tract 168. Please be on notice that black letter party wall law prohibits your client Exam taking any act.lon which in any way damages or destroys the party wall, or which removes or lessens the support that that party wall provides to ISA's warehouse. See, e.g., Third National Hank v. 1ett -Re;,lty CS2mt►anv, 425 $.W.2d 783 (Tenn.App. 1961); Pimh 1 - +£1. v e con ,ration, 200 P.Supp. 95 (B.D.Pa. 1961), aff'd, 307 F.2d 91 (3rd Cir. 1962); ul ivy v_ Domhoe, 191 N.P. 364 (Masi. 1634) Please feel free to call me if you wish to discuss this :Luther. SZH /wj h a09.72\001 cc: Martin nyznn Debbie Pike KoDIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI-D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 19, 2000. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: Case 00-003. Request for a variance, in accordance with KIBC Section 17.57.080. H.1. Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths -instead of the required twenty-four (24) foot widths for the required party on Tract 18-A, ATS 49. 800 Marine Way East. This notice is being sent to you because our records indicate you are a property owner in the area of the request__ If you do not wish-to teitity verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9376. , If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior io the regular meeting, on Wednesday, April 12, 2000, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9362. Your Name: Zif 74. g-044 aailg Mailing Address: 84 AC Joga94 4o di , j , , Your property description: .A. i 0 7- 1_, Comments: tde ---tixa` 0140"0 a f ho, a.5 at . „re:a4c, / c e.9.444,14eS * 1, - • ..„ r i.,,,,/ lePliego /4-e/oche/lick fior c.f/(M- IA" /oar" • . Nsi /4 areA, 1^00. /4=60,- fl(411-4 ir/.-41;lef 'es ae44' --dt--- ..5-:: 4,044 kit --*--741-t- ,. qop,awf-- f tat' tesihteis , .i6. fill gnadi 4:,;s. '6w '4 so 4 ceiteoe „Caw • Le Ct .-ti /40/4/114 s3/ hp' --af;/ eC41117 1.41,et5 , i ,e f;) , ,,.:, I I; 44 It ,( / / / 1 , BERNS 9074865 @91 NUl)I.AX ISLAN RORIQU�k1 COMMUNITY DEVELOPMENT :, DE 'ARTM 710 Mill Pay Road, Kodiak, Alaska 99015 '; Public PUBLIC'HEARING NO ICE A. public he4ring will lie held on Wednesday, April 19, 2000. The; meeting will be iii' p.m. in , the `Borough ,assembly Chambers, 710 Mill Ray Road, kodiak, Alaska, befo o . tho Kodiak slaiid .Borough Planning and Zoning Commission, to hea comments if an r, n the following request' 1 { , 1 Case 00 -0o,1 Requost for a vari.anac, in au4urdance with KIBC Sectpn 17.3/.080. 'c�rlcirtg Spuce. find pimensions, to permit twenty (20) toot wide aisle widths instead* of t1 ere uired twenty -four (24) foot Widths for the required party on Tract i18- A, :;ATS 49. 800 East. 1u 1e Why This notice i being sent to you because ourIrecords indicate you are a prop o erty va ier m the area of fi P t } upst. ; If you; do nbt wish -to testify iverbally, you May provide your comments i$ the space below, nr in 'a etter to the s Cohmunity Development Department prior to the meeting_ If you would like to fax your cnrnma?nts t u4, nn• fax number is1(90) 486 - 9376.! If you would like to testify via telephone, please call in your comuie11 di ri g'the appropri. to p.zblie hearing section of the'meeting. The local call -in telephone: nurnhpr h 486-32 I T ie'tQ11 free telep hone in, umber is 1000-478-57i6.; i One week prig to the regular meeting. on Wednesday, April. 12, 2000, a work see¢ion will be held at 1J © .n? the Kodiak Island Borough Conference Rnnrn (#11.21), to review the packet material for the case. l i 1 Kodiak Island, Borough Cole. provides yoi with specific appeal rights' if you 4isagree with tho decision on thus request. If yotr have any questions about the request or your appeal, rights, please fce1 icy at 4.136.930. ftPgAL 131ZOx bit, Your Name' tAE-iC ' rl5 t Mat6,tg Adds ray: �J' rroue p>r�operty iptions }Continents: II 5 GCS t'}a�.%' /A IA-IA *144 t4- 4 ltrn � . -141 ct. ) L! til t7! ViS.r,F: Lcovt (all ltk .�. (poem MAS E I 4 • Bob Scholze, Associate Planner and Planning and Zoning Commission Members Community Development Department Kodiak Island Borough Kodiak, Alaska 99615 Re: Parking Issues on Marine Way/Global Seafoods Parking Requirements March 6, 2000 To Whom It May Concern: We have lived in the neighborhood located across from Fuller's Boatyard since 1984, sixteen years. It is an unusual area in the fact that it is a small, isolated enclave of residential homes amidst, sometimes, busy industrial activities. For the most part, the neighborhood has been quiet and one in which, children can play outside, run down to the park, and parking has not been a serious issue. Our lot is triangular-shaped and wedged between Tagura and Marine Way. Our parking area on Tagura is small, congested, with 5 residences located in the cul-de-sac. We frequently use our property which borders Marine Way to park in front of our house. Also, it is the only access to our shop and fishing gear located in the bottom portion of our home and on our property. We store skiffs and other gear on the Marine Way portion of the lot and need to be able to navigate a truck in the area to move them. We have been fortunate in the fact, that prior to tate 1999, the traffic and boatyard activities have been limited to only a few months a year, particularly in the spring and prior to salmon season and after. Vessel owners typically lift and repair their vessels prior to the season and their activities revolve around those working days in the boatyard. Activity is intermittent. For the most part, we have enjoyed living in the area, because we are located near a cul-de-sac turnaround at the end of Marine Way. We are isolated from much of the traffic you might expect in an industrial area. And, in the mid-80's some of the cannery activities stowed down due to closures of their plants and thus, created a pretty quiet neighborhood. However, the atmosphere in our area has changed with the expanding activities of Global Seafoods, which is located only a couple hundred yards away. Our lot in particular has been impacted with at least 8 to 12 vehicles parking alongside the entire distance of our lot line, blocking access to our property. Since December, we have been dealing with increased noise, foot traffic, the starting up of engines, at ALL hours of the day and night, not to mention frequent police cruise-bys and tow trucks. At this juncture, I would comment that the character of our residential neighborhood has been seriously compromised by the expanded processing-related activity and the lack of adequate parking on the business premises. We have had friendly discussions with folks in the Global office concerning the parking issue. I have placed calls to both the City and to the Community Development Department to voice my concerns over the nature and extent of the parking problem. We have been assured by Global that they are working on a new parking area. However, the entire neighborhood is concerned that this parking situation may not be resolved in the near future. Just driving by today, I did not see enough space located near the demolition site to hold the many vehicles and boom truck which have been parking in front of our residences. While we do support the fish processing industry and encourage more options for fishermen, and we do not want to appear to be obstructive to their expansion, we would like to see our neighborhood restored to its original atmosphere and pace of activity. We would like to see all the business-related vehicles permanently parked on and/or near the business' property. We would also like the foot traffic to decline, particularly the noise and vehicle/engine noise between 9:00 p.m. and 7:00 a.m., when folks get off their shift. We are constantly awakened by engines without mufflers during those hours. Thank you for your review of our concern and please include our comments in the record of this issue. We sincerely hope that this matter can be resolved soon. Sincerely, ns and Berns 814 Tagura Rd./Block 34, Lots 16 and 17 East Addn. Kodiak 486-5091 cc: City of Kodiak Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT — APRIL 11, 2000 Meeting of: April 19, 2000. Public Hearing Item VI -D ITEM TITLE: Case 00 -003. Request for a variance, in accordance with KIBC Section 17.57.080.H.1. Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty -four (24) foot widths for the required party on Tract 18 -A, ATS 49. 800 Marine Way East. RECOMMENDED ACTION: Staff believes that this request meets all the conditions necessary, as reflected in the "Findings of Fact" for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. APPROPRIATE MOTION: Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a variance, in accordance with KIBC Section 17.57.080.H.1 -- Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty -four (24) foot widths on Tract 18A, ATS 49, subject to the condition of approval contained in the staff report dated April 11, 2000, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. The ten (10) on -site parking spaces being developed in conjunction with recent construction and this variance request, as identified on the site plan dated April 10, 2000, must conform with the parking development standards of KIBC 17.57.080. Case 00- 003 /Summary Statement Page 1 of 1 P &Z: April 19, 2000 Kodiak Island Borough MEMORANDUM DATE: April 11, 2000 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the April 19, 2000 Regular Meeting CASE: 00-003 APPLICANT: Global Seafoods Kodiak, LLC AGENT: Gerald Ensley, General Manager Public Hearing Item VI-D REQUEST: A variance, in accordance with KIBC Section 17.57.080.11.1--Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty-four (24) foot widths on Tract 18A, ATS 49. LOCATION: 800 Marine Way East ZONING: I-Industrial Twenty nine (29) public hearing notices were distributed on April 5, 2000. Date of site visit: March 2, 2000 1 Zoning History: The 1968 Comprehensive Plan identifies this area as Industrial. 2. Location: Physical: 800 Marine Way East Legal: City Tideland Tract 18A 3. Lot Size: 43,133 sq. ft. 4. Existing Land Use: Seafood processing 5. Surrounding Land Use and Zoning: Case 00-003/Staff Report Page 1 of 7 P & Z: April 19, 2000 North: West: East: South: Public Hearing Item VI -D Lots 5 -8, Block 33, East Addition Use: Multi - family Residential Zoning: B- Business City Tideland Tract P 16B Use: Bunkhouse; Storage related to processing plant. Zoning: I- Industrial City Tideland Tract N25A Use: Boatyard Zoning: I- Industrial Channel Use: Marine transportation Zoning: N/A 6. Comprehensive Plan: 7. Applicable Regulations: The 1968 Comprehensive Plan depicts this area as light industrial. The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.57.080 Parking area development standards — Multifamily dwellings and non- residential uses. F. Driveways /separation. 1. minimum driveway widths shall be twelve (12) feet for one -way traffic and twenty -four (24) feet for two -way traffic. Maximum driveway width shall be thirty-two (32) feet wide COASTAL MANAGEMENT APPLICABLE POLICIES Commercial/Industrial Development 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: N /A. This action does not proposed to dredge or fill the shoreline or anadromous streams, tideflats or wetlands. 2. Natural Setting. Views and Access Case 00- 003 /Staff Report Page2of7 P &Z: April 19, 2000 Public Hearing Item VI -D Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: N /A. This is not a development that can provide public access to the shoreline. 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N /A. This action does not involve dredging, filling or mining processing. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: N /A. This does not involve structural development in or over the water. 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. Consistent: Yes. While buffer zones are not being developed, the intent of parking required is to minimize conflict between processing and residential land uses. 6. Accessory Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is Case 00- 003 /Staff Report Page 3 of 7 P & Z: April 19, 2000 Public Hearing Item V1-D a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control, facilities or utilities. Consistent: 7. Wetlands Yes. Accessory development associated with this required parking is the refrigeration facility located adjacent to the processing plant. Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N/A. This action does not involve fill or drainage of water bodies, floodways, backshores, or natural wetlands. COMMENTS This request is for a variance from Code Section 17.67.080.F.1, which requires driveways supporting parking for non-residential development to be twenty-four (24) feet wide for two-way traffic. The applicant is requesting that, in this case, the driveway width for required parking on Tract 18A be allowed to be only twenty (20) feet wide. As part of renewal of fish processing operations on Tract 18A, a new 24 ft. by 42 ft. refrigeration building has been constructed (CZ-99-042), eliminating some existing "grandfathered" parking spaces. Staff has determined that this new construction requires that eight (8) new parking spaces be provided, six (6) to replace parking spaces eliminated and two (2) for new construction of the refrigeration building at one space per 700 square feet. Two (2) parking spaces are also required for construction related to a new electrical room at the back of the refrigeration building and a new canopy area over fish tanks on the dock (CZ-00-010). Two additional parking spaces would be required for a proposed 40 ft. by 40 ft. storage mezzanine, if and when it is constructed (CZ-99-044). The parking plan submitted dated April 10, 2000 shows ten (10) parking spaces provided in the northwest corner of the tract where older structures are in the process of demolition. These ten spaces will satisfy parking requirements for all recent construction with the exception of the mezzanine, now on hold. Construction of the mezzanine cannot proceed until two (2) more parking spaces are provided on site. The deadline established for installation of the required ten (10) parking spaces is April 20, 2000, however hazardous materials abatement has delayed progress related to demolition of an old cannery building. Case 00-003/Staff Report Page 4 of 7 P & Z: April 19, 2000 • Public Hearing Item VI-D Due to location of existing structures, potential width of driveway to accommodate the designated parking spaces is restricted to twenty (20) feet, as indicated on the parking plan. While this four (4) feet short of minimum width, it is more than double the width of a standard parking space, and therefore should be able to accommodate two-way traffic when necessary. In a similar circumstance, the Commission recently granted a variance for two-way aisle width of eighteen (18) feet in support of commercial development on Mill Bay Road (Case 99-014). The variance in' this case would apply to the twenty-foot width running the length of the tract from the front lot line to the dock between existing cannery buildings, and to the perpendicular twenty- foot width .behind the newly constructed refrigeration/electrical building, as indicated on the site plan. The original on-site waste building has been demolished making room for three parking spaces (#1-#3). The front portion of the old cannery building street-side of the barge is in the process of hazardous materials abatement and demolition and will, when that is completed, provide area for six more parking spaces (#4-#9). Parking space #10 will be made available by van removal from behind the refrigeration building. Adherence to the parking development standards of KIBC 17.57.080, including surfacing and parking space identification, is required. The net result will be an improvement to what was previously undefined and inadequate on-site parking supporting cannery operations. That situation resulted not only from "grandfatheringo" since the processing operations predate 1980, but also from sale of the adjacent tract, which once was in common ownership and historically supplied much of the parking for operations on Tract 18A. RECOMMENDATION Staff believes that this, request meets, all the conditions necessary, as reflected in the "Findings of Fact" for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a variance, in accordance with KIBC Section 17.57.080.H.1-- Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty-four (24) foot widths on Tract 18A, ATS 49, subject to the condition of approval contained in the staff report dated April 11, 2000, and to adopt the findings in that staff report as "Findings of Fact" for this case. Case 00-003/Staff Report Page 5 of 7 P & Z: April 19, 2000 CONDITION OF APPROVAL Public Hearing Item VI -D 1. The ten (10) on -site parking spaces being developed in conjunction with recent construction and this variance request, as identified on the site plan dated April 10, 2000, must conform with the parking development standards of KIBC 17.57.080. 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 and use district. Seafood processing on Tract 18A is an established, historical use which, typical of most processing plants along Kodiak's waterfront, developed over a number of years without adequate parking. Parking is "grandfathered" since current code requirements for number of parking spaces and related parking development standards are not satisfied. Structural development covers most of the property, leaving only a minimal area for vehicles. The historical on- site . parking deficiency will be improved by the six (6) parking spaces required to replace "grandfathered" parking eliminated by new construction and four (4) parking spaces required for new construction, all of which will conform to parking area development standards with the exception, as requested here, of aisle width. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Without this variance, new construction to upgrade plant operations, include safety features related to ammonia refrigeration, would not be possible. Nor would on -site parking improvements be possible creating ten (10) spaces substantially conforming with parking area development standards in areas made available by demolition of old structures. Seafood processing on this marine industrial tract would not be economically viable without these improvements. 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. While construction activity related to renewed processing operations has disrupted residential life in the nearby neighborhood, that disruption is diminishing as construction winds down. In the long term, granting this variance request should result in a better parking and traffic situation since more parking spaces conforming to parking area development standards will be available when demolition of old structures is completed. The applicant has also undertaken measures voluntarily to mitigate negative parking and traffic impacts such as in -house enforcement of Case 00- 003 /Staff Report Page 6 of 7 P & Z: April 19, 2000 • Public Hearing Item VI-D street parking, cooperative parking arrangement with a neighboring plant with excess space, and possibility of bussing workers from the ferry dock. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The 1968 Borough Comprehensive Plan designated this area as light industrial. The granting of the variance will not be contrary to the plan's objectives. 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 location of existing buildings and an electrical transformer dictates aisle width to access the newly created parking area made available by demolition of an old cannery building. The applicant is dealing with the constraints of a long established industrial tract substantially covered by structures, development issues which were decided 20-30 years ago. Current efforts should improve the parking situation on the property. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. Seafood processing is a permitted use in the I-Industrial zoning district. Case 00-003/Staff Report Page 7 of 7 P & Z: April 19, 2000 Qfs giL©c 1 EP 1 __001 ......, --.- of ". POIeriON ItixoNtr Rer'P ve. ro Atto"1 ARitiAgy cANir eg-t• rr.DiN� oc s. ,i‘\ '. • I =MAID W.YuCHANAN THOMAS E. PAUL ROBPxT W. NOLTINO MARC E. WARNER CRAIG L. NOL1WD= RoBatT N. WI NOES DOHAW P. MARINICOV=C3t DAVID C. SRATU RIC11AID A NI$.SEN LATH G. SCHOOLC71APT. !R' DINNIE PL MORAN" ERICR. LRlv1'tt1E LAURA L PARLEY �a�cu9 6JLNr INHN F`- JL 1048602r, N LE GROS BLJCHANAN & PAUL LAW 01710ES LIMO ALASKA ONIC 510LSEE= SUITE RE ANCHORAGE. ALA= 99101 -0999 April 11, 2000 Mr. Martin Byrne, General Manager International. Seafoods of Alaska, Inc. 517 Shalikof Kodiak, Alaska 99615 RE: General Matters Our File No.: 24016 Dear Mr. Byrne: NO.E81 G003 JOHN T. ECK RT AMY C. ESTES IO:7-LY M. GARRRY CHE M1..GRAVE' WaLIAM A. BLi . AMANDA A. OWEN GAIL LT.EN PYLE DANIELLE M. RYMAN" 'ONLY AILAWA 'ALA3SA & WA&W'CGTON AIL OTtmR9 WAIN =MOM 601) 27749C0 FAlEID4LE NE7)174.o649 MOTET: tbsiselegiculsahlmin WOW hnp :dwww.k=ta.com fq,_11111 APR 12 2000 D,..r�h''� Global Seafoods, LLC, has received a notice from the Zoning Commission requiring the addition of more parking to its property. The only means of meeting this requirement is to remove about 50 feet of the barge building on Global Seafoods' premises, which sits immediately next to your property. We understand you have a storage shed that may utilize a wall of the barge, and removal of a portion of the barge may impact your storage shed. We are in the process of having an engineer review the structures to determine whether removal of a portion of the barge will impact your storage shed. You may wish to do the sane. We trust you will cooperate with our engineer's efforts. If we determine that there may be some impact to your storage shed, we will want to discuss with you how the impact can be minimized and afford you a reasonable opportunity to take remedial measures to preserve your property before the barge wall is demolished. Please be aware, however, that we are under an obligation to timely comply with the requirements imposed by the Zoning Commission. Thus, your earliest attention to this matter is necessary. EIATILE 101 MTN AVENUE, SUITE 250O • SEATTLE. WA91GNCZ 4 911041as1 • TELEPHONE: OM 643 -4990 • BOWIE; <TON 467.428 • INTERNET: 04/11/2000 13:56 Mr. Martin Byrne 11, 2000 Page 2 c BUCHANAN PAUL 4 19074860253 al NO.E61 ;004 Please give either of us a call to discuss this matter further at your earliest opportunity. Very truly yours, LE GROS, BUCHANAN & PAUL By CLG\JE:mw\kpw . Y V Counsel f. GLOBAL S 0 S. LLC JERY ENSLEY, Plant Manager GLOBAL SEAFOC S, LLC 24016/international Seafoods of Alaska Lt:: re Notice fro= Zoning Commiss,',u APR 1 2 2000 CONNUWYDEVELONth DEPARNEWT *CASE 00 -003* as CITY TIDELAND TRACT 18 —A, ATS 49 PUBLIC HEARING NOTICE AREA: 360 FEET FROM EXTERIOR LOT LINES. SID Kodiak Island Borough CERTIFIED MAI Z 227 172 533 RETURN RECEIPT REQUESTED Mr. Gerald Ensley, General Manager Global Seafoods Kodiak, LLC 800 Marine Way East Kodiak, AK 99615 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 March 20, 2000 Re: Parking Determination: Zoning Compliance Permits CZ-99-042 and CZ-99-044 Tideland Tract 18A-800 Marine Way East (Global Seafoods) Mr. Ensley: Following your presentation to the Planning and Zoning Commission at their regular meeting on March 15th, the parking determination for recent construction on the property referenced above was revised down based on observations that you made. The number of parking spaces eliminated by the new 24 ft. x 42 ft. refrigeration building has been reduced by two, from eight (8) to six (6). Six vehicles could reasonably have parked, in tandem, in that area, as indicated on the parking plan, with minimum impact on the twenty (20) foot wide aisle designated by you site plan. This, in addition to the two (2) additional spaces required for new construction associated with the refrigeration building (at one parking space per 700 sq. ft. according to KIBC 17.57.040.A), totals eight (8) off-street parking spaces required. The parking plan you submitted shows nine (9) off-street parking spaces, adequate for construction related to zoning permit CZ- 99-042. The proposed 40 ft. by 40 ft. mezzanine (CZ-99-044) also has a parking requirement of two (2) spaces calculated at one space per 1,000 square feet for storage. Since only one of these two additional parking spaces is indicated on the parking plan, further construction and/or permit issuance related to this storage mezzanine is suspended until such time as an additional parking space is provided. As noted, if the four (4) parking spaces in front of the easterly (operating) cannery building remain available, they need not be replaced. A site visit March 17 confirmed that four vehicles utilize the area in front of the generators and fuel tank for parking. Since these four spaces are "grandfathered," they are not required to meet parking code development standards. Your variance request for aisle width of twenty (20) feet instead of the required twenty-four (24) feet is scheduled as a public hearing item on the Commission's April agenda. The Commission will decide on this request on April 19, 2000. It is only reasonable that the parking compliance deadline should correspond to the Commission's decision on the variance request. Therefore, the deadline for installation of the required parking (8 spaces total for the new refrigerator building, or 10 spaces total for the refrigeration building plus the mezzanine) is extended from April 1, 2000 to April 20, 2000. Your appearance at last week's meeting and submittal of a parking plan, along with explanation of construction scheduling and other measures undertaken to mitigate impacts of development on the neighborhood, was appreciated by the Commission. If you have any questions, •please call me at 486-9362. Sincerely, Bob Scholze, Associate Planner Community Development Department cc: Len Kimball and Doug Mathers, Building Department Planning and Zoning Commission t...--- Concerned Citizens Linda Freed, Community Development Department Director March 15, 2000 Mr. Bob Sholze, Associate Planner Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 -6398 Re: your letter of February 16, 2000 Dear Mr. Sholze: MAR 1 5 2C Subject: Zoning Compliance Permit CZ -99- 042 - Parking Requirements Tideland Tract 18A-800 Marine Way East (Global Seafoods) I am writing this letter to request a reconsideration of your decision of February 16, 2000 requiring a total of 14 new parking spaces as a condition of zoning compliance at Global Seafoods Plant, 800 Marine Way East. Global Seafoods received zoning compliance permit CZ -99 -042 to construct a refrigeration building on Tideland Tract 18 -a. It was issued contingent upon restoration of parking displaced by the structure itself, plus additional parking otherwise required for the refrigeration building. (Two additional parking spaces per 700 square feet according to KIBC 17.57.040A.) After having the air photo that you provided us enlarged, we had lengthy conversation with Tom Parsons (a former long -term employee of the Eagle Cannery). Based on those two events, it is our contention that the 24 X 42 footprint of the refrigeration building provided parking for freezer vans during times of full plant operation. Further, the area you reference as being in front of the cannery building also provided parking for two freezer vans. Therefore, it appears that the new building has not displaced any parking spaces. Furthermore, it appears that the requirement for new spaces is two according to KIBC 17.57.040.A, and the contingencies contained in zoning compliance permit CZ -99 -042. I am submitting a parking plan and an application for an aisle width variance with this letter. I am also requesting your reconsideration of the required number of parking spaces. The demolition of the waste building at the northwest corner of Tract 18 -a is completed and two new parking spaces are available. Hazardous materials abatement is currently in progress. We have scheduled the demolition of the front portion of the barge to begin upon completion of the abatement process. We will provide the proposed parking spaces as soon as possible after the demolition is completed. We realize the need for off street parking and we have arranged for additional off site parking. Global Seafoods thanks you for your patience and reconsideration in this matter. Sincerely. Gerald Ensley, General Manager Global Seafoods KGiiIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI-D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 19, 2000. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: Case 00-003. Request for a variance, in accordance with KIBC Section 17.57.080. H.1. Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty-four (24) foot widths for the required party on Tract 18-A, ATS 49. 800 Marine Way East. This notice is being sent to you because our records indicate you are a property owner in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9376. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, April 12, 2000, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9362. Your Name: Mailing Address: Your property description: Comments: Kodiak Island Borough LIVE 4.1 GEO B A S E D P R O P E R T Y S Y S T E M PAGE 1 DATE 4/04/00 VENUE: CITY LB9220 TIME 13:53:02 FORM LETTER #: 1 PROPERTY GROUP LISTING GROUP #: 20003 CDSEC3 FORM LETTER DESCRIPTION: PHN VENUE 1 PROPERTY NUMBER OWNER NAME PROPERTY ADDRESS MAILING ADDRESS R1100000330 INT'L SEAFOODS OF ALASKA 616 E MARINE WAY INT'L SEAFOODS OF ALASKA KODIAK AK 99615 2360 W COMMODORE WAY SEATTLE WA 98199 INT'L SEAFOODS OF ALASKA 712 E MARINE WAY INT'L SEAFOODS OF ALASKA KODIAK AK 99615 2360 W COMMEDORE WAY SEATTLE WA 98199 :-.-3-6..°---. INT'L SEAFOODS OF ALASKA 714 E MARINE WAY INT'L SEAFOODS OF ALASKA KODIAK AK 99615 2360 W COMMEDORE /WAY SEATTLE ( WA 98199 81100000390 - GLOBAL SEAFOODS KODIAK, LLC 800 E MARINE WAY GLOBAL SEAFOODS KODIAK, LLC KODIAK AK 99615 ATTN: BRENDAN MCKENNA 720 OLIVE WAY, #1220 SEATTLE WA 98101 R1100000400 FULLER BOATYARD INC I O01200401 FULLER BOATYARD INC P.300_n?ilid* FULLER BOATYARD INC R1120300011 FRANK III & LES ABENA R1120300021 J & MARIA GARCIA ETAL R1120300030 THOMAS & CHERYL MERRIMAN R1120300050 WALTER & ELSPET JOHNSON R1120300060 FRANCES & MARTH KEEGAN 816 E MARINE WAY KODIAK NHN E MARINE WAY KODIAK NHN E MARINE WAY KODIAK 816 E REZANOF DR KODIAK 814 E REZANOF DR KODIAK 810 E REZANOF DR KODIAK 722 E REZANOF DR KODIAK 720 E REZANOF DR KODIAK AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 FULLER BOATYARD INC P 0 BOX 1486 KODIAK AK 99615 FULLER BOATYARD INC P 0 BOX 1486 KODIAK AK 99615 FULLER BOATYARD INC P 0 BOX 1486 KODIAK AK 99615 F & L ABENA P 0 BOX 2863 KODIAK AK 99615 J & M GARCIA ETAL P 0 BOX 4422 KODIAK AK 99615 T & C MERRIMAN P.O. BOX 1155 KODIAK AK 99615 W & E JOHNSON 201 CENTER AVE KODIAK AK 99615 F & M KEEGAN 720 REZANOF DR E KODIAK AK 99615 R11203000.70 HELEN HALL TRUST 718 E REZANOF DR H HALL TRUST KODIAK AK 99615 P.O. BOX 43 Kodiak Island Borough LIVE 4.1 DATE 4/04/00 TIME 13:53:02 FORM LETTER #: 1 FORM LETTER DESCRIPTION: PROPERTY NUMBER ' OWNER NAME G E O BASED P R O P E R T Y S Y S T E M VENUE: CITY PROPERTY GROUP LISTING GROUP #: 20003 PROPERTY ADDRESS MAILING ADDRESS PAGE 2 LB9220 CDSEC3 R1120310080 R1120310090 R1120330011 81120330012 R1120330031 R1120330050 nvvvi�- R1120330090 WILLIAM & VICKI JONES 818 STELLER WAY KODIAK CHRIS & BETSEY MYRICK 816 STELLER WAY KODIAK MARY JACOBS NHN E TAGURA RD KODIAK STAN ANDERSON ETAL, ETAL 829 E TAGURA RD KODIAK EARL & DELORIS PETERSON 821 E TAGURA RD KODIAK EARL & DELORIS PETERSON 825 E TAGURA RD KODIAK EARL & DELORIS PETERSON 819 E TAGURA RD KODIAK ANNE & VITOMIR KALCIC 817 E TAGURA RD KODIAK VITOMIR & PIXIEANN KALCIC 815 E TAGURA RD KODIAK VITOMIR & PIXIEANN KALCIC 813 E TAGURA RD KODIAK VITOMIR & PIXIEANN KALCIC 811 E TAGURA RD KODIAK WILLIAM & DORIS BACUS 716 MISSION RD KODIAK WILLIAM & DORIS BACUS 716 MISSION RD KODIAK AK 99615 KODIAK W & V JONES 818 STELLER WAY KODIAK AK 99615 AK 99615 C & B MYRICK AK 99615 P.O. BOX 1323 KODIAK AK 99615 M JACOBS AK 99615 P 0 BOX 3080 KODIAK AK 99615 S ANDERSON ETAL AK 99615 P.O. BOX 310 KODIAK AK 99615 E & D PETERSON AK 99615 P 0 BOX 1104 KODIAK AK 99615 E & D PETERSON AK 99615 P 0 BOX 1104 KODIAK AK 99615 E & D PETERSON AK 99615 P.O. BOX 1104 KODIAK AK 99615 A & V KALCIC AK 99615 P.O. BOX 2085 KODIAK AK 99615 ✓ & P KALCIC AK 99615 P.O. BOX 2085 KODIAK AK 99615 ✓ & P KALCIC AK 99615 P.O. BOX 2085 KODIAK AK 99615 ✓ & P KALCIC AK 99615 P.Q. BOX 2085 KODIAK AK 99615 AK 99615 AK 99615 BACUS,WILLIAM & DORIS 716 MISSION KODIAK W & D BACUS 716 MISSION AK 99615 Kodiak Island Borough LIVE 4 . 1 0 5 0 BASED P R O P E R T Y S Y S T E M PAGE 3 DATE 4/04/00 VENUE: CITY LB9220 TIME 13:53:02 FORM LETTER #: 1 PROPERTY GROUP LISTING GROUP #: 20003 CDSEC3 FORM LETTER DESCRIPTION: PROPERTY NUMBER OWNER NAME PROPERTY ADDRESS MAILING ADDRESS R1120330110 DANNY & ELLEN GRAHAM 810 MISSION RD KODIAK — --02 - - VITOMIR KALCIC ETAL 812 MISSION RD KODIAK Rai- &OT3d&3.3'0 KODIAK ISLAND BOROUGH 814 MISSION RD KODIAK R1120340130 DONALD & JAN CHATTO 900 MISSION RD KODIAK R1120340140 MARY JACOBS 818 E TAGURA RD KODIAK R1120340150 TERRY & ROBBIE GUNTER 816 E TAGURA RD KODIAK R1120340170 CHRIS & LACEY BERNS 814 E TAGURA RD KODIAK RaPkeerrrilt CITY OF KODIAK NHN E TAGURA RD KODIAK i 9W10 VITOMIR KALCIC 719 E MARINE WAY KODIAK R1340010020 MARTHA SHURAVLOFF 715 E MARINE WAY _ KODIAK �0 INT'L SEAFOODS OF ALASKA 713 E MARINE WAY KODIAK R1340010050 MILDRED MULLER TRUST 711 E MARINE WAY KODIAK R1340010060 JOSEPH & MARY JENSEN 623 E MARINE WAY KODIAK AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 KODIAK AK 99615 D & E GRAHAM 1122 MISSION RD KODIAK AK 99615 ✓ KALCIC ETAL P.O. BOX 2085 KODIAK AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK AK 99615 D & J CHATTO P.O. BOX 3206 KODIAK AK 99615 M JACOBS P 0 BOX 3080 KODIAK AK 99615 T & R GUNTER P.O. BOX 4230 KODIAK AK 99615 C & L BERNS P.O. BOX 26 KODIAK AK 99615 C KODIAK P.O. BOX 1397 KODIAK AK 99615 ✓ & P KALCIC PO BOX 2085 KODIAK AK 99615 M SHURAVLOFF P.O. BOX 222 KODIAK AK 99615 INT'L SEAFOODS OF ALASKA 2360 W COMMEDORE WAY SEATTLE WA 98199 M MULLER TRUST P.O. BOX 882 KODIAK J & M JENSEN 616 MISSION RD AK 99615 Kodiak Island Borough LIVE 4.1 G E O BASED P R O P E R T Y S Y S T E M PAGE 4 DATE 4/04/00 VENUE: CITY LB9220 TIME 13:53:02 FORM LETTER 4: 1 PROPERTY GROUP LISTING GROUP #: 20003 CDSEC3 FORM LETTER DESCRIPTION: PROPERTY NUMBER OWNER NAME PROPERTY ADDRESS MAILING ADDRESS KODIAK AK 99615 R1340010070 MIKE & JANE FITZGERALD 714 MISSION RD M & J FITZGERALD KODIAK AK 99615 P.O. BOX 3088 KODIAK AK 99615 WILLIAM SR & DO BACUS 714 MISSION RD WILLIAM SR. & DORIS BACUS KODIAK AK 99615 716 MISSION RD KODIAK AK 99615 R1340010080 FLORENTINE & ANNA LAMUG 712 MISSION RD F & A LAMUG KODIAK AK 99615 P.O. BOX 4227 KODIAK AK 99615 6;5444414349--- JOSEPH & MARY JENSEN 710 MISSION RD J & M JENSEN KODIAK AK 99615 616 MISSION RD KODIAK AK 99615 Ri t- JOSEPH & MARY JENSEN 616 MISSION RD J & M JENSEN KODIAK AK 99615 616 MISSION RD KODIAK AK 99615 R1340010095 FLOYD L LAVERDURE 614 MISSION RD FLOYD L LAVERDURE KODIAK AK 99615 614 MISSION RD KODIAK AK 99615 R1340010100 ROBERT & ELEANO KING 612 MISSION RD R & E KING KODIAK AK 99615 P.O. BOX 1434 J KODIAK AK 99615 +9t1-3400.14141 INT'L SEAFOODS OF ALASKA 619 E MARINE WAY INT'L SEAFOODS OF ALASKA KODIAK AK 99615 2360 W COMMEDORE WAY SEATTLE WA 98199 134 XU10-242 ROBERT KING 619 E MARINE WAY R KING KODIAK AK 99615 P.O. BOX 1434 KODIAK AK 99615 TOTAL LETTERS: eiM9d3e;fooir *CASE 00 -003* -CITY TIDELAND TRACT 18 -A, ATS 49 PUBLIC HEARING NOTICE AREA: 350 FEET FROM EXTERIOR LOT LINES. ti Mr. Gerald Ens ley General Manager Global Seafoods Kodiak, L.L.C. 800 Marine Way East Kodiak, AK 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 April 4, 2000 Re: Case 00-003. Request for a variance, in accordance with KIBC Section 17.57.080.H.1. Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty-four (24) foot widths for the required party on Tract 18-A, ATS 49. 800 Marine Way East. Dear Mr. Ensley: Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their April 19, 2000 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is recommended. The week prior to the regular- meeting, on Wednesday, April 12, 2000, at 7:30 p.m. in the Borough Conference Room (#121), the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this worksession in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486-9362. Sincerely, ennifer mith, Secretary Community Development Department --.1.0DIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, ROOM 205, KODIAK, ALASKA 99615-6398, (907) 486-9362 The application fee for items covered by this form is $200.00, except as otherwise noted Conditional Use Permits, and Variance applications also requlre the submission of a site plan. A plicant Info mation . Property owner's name: ' Property owner's mailing address: 'OO TY\ OVN.A/r`—k— v City: ..■:0-4-4-4k-. State: OLI- . Zip: CI c'iac" Home phone: LA e b . 0 3 S- Work phone: If applicable, Agent's name: ./2/\-0---- Agent's mailing address: F 0 0 (W\ ad-../t-1,2_ r. City: State: oUr.. 1 : Home phone: Work phone: Property Informaron Legal Description:4 -----,f-1.-..": — k ri I Present use of property: _,_2..,.._ _•__.,,..,.E__z_.e,„0.....ift.d. c5c) e. t--1L Oa 4 Proposed use of property: I 0 ! MAR 1 5 2000 Applicant Certification 1, the applicant/authorized agent, have been advised of the procedures involved with this request copy of the appropriate regulations. . comivilifJn 13.cliiL-OPMENT DEPARTMENT and have recieved a Authorized Agent's Signature Date Property Owner's Signature Data STAFF USE O ). Y ._ Code Section(s) involved: r: ,-- PAYMENT VERIFICATION 000059312 3/15/20 Var Fees 13:20: PAID 20000 $, m Paid in Full *** Kodiak Island Borough Kodiak AK 99E15 ,CA-r : :nr II-1,-nA XVariance Conditional Use Permit Title 18 Review Other (appearance requests, etc.) $ 50.00 CDR.6 . . FIR1:6 Zoning change from to Application received by: Qe-t--- Staff signature Date July, 1993