EAST ADD BK 55 LT 1 & 2 - ExceptionEX410+ ION/VA1 ::ANCE, F OtThE SLIP
Approved for public hearing P &Z
Date
2. Notices of public hearing sent to prtparty own
days prior to public hearing)
3. Copy of notice and list of property owners attached
4. , g held P &Z 4-23-7S- of Approved)
Date
Date
(at least 10
Dr. Rud,Wasson and
Dr. Spencer Falcon
P. O. Box 766
Kodiak, Alaska 9961.5
Re: Lots .1 .6 2, Block 55 East Addition
Dear Dr. Wasson and Dr. Falcon:
Enclosed is a copy of the Planning and Zoning minutes
of April 23, 1975, granting a special exception for permittin
a .clinic on the above referenced Tots.
If you have any further questions, please do not
hesitate to contact this office.
cc: John Burnham,, Chairman
Sincerely,
onene weten,
• Borough,Secretary .
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION PAGE 3
MEETING, APRIL 23, 1975
the letter the Commission received from Mrs. Nachtweih. She stated that
no trailers were to be put on the land sold to Island Resources except for
a 600 foot strip. Mr. Ecklund noted that in the contract it stated that it would
be a 1,000 foot strip on the south boundary, near the Spruce Cape area.
Mr. Burnham entertained a motion for approval. Mr. Terry made a motion
to accept the rezoning. Seconded by Mr. Holt. Mr. Kourmeitis stated that
when Mr. Schafer sells the property, the individuals will not be able to put
trailers on it. The Commission noted that this was the way it was within the
contract. Question being called for motion passed by unanimous roll call vote.
VIII SUBDIVISIONS, PRELIMINARY
A. Vacation and Replat of Lot 16, Block 4, Airpark Subdivision - Huey DeVille -
It was noted that Mr. DeVille is replatting because he owned the piece of strip
in front of Lots 4, 5, 6, and 7 of Allman Lalande and he was vacating this strip
to connect the each of the lots within the Allman Addition so that he may sell these
portions to the owners of the lots and they may have legal access to their properties.
Mr. Holt moved for approval for a public. hearing. Seconded by Mr. Erwin.
Motion passed by unanimous roll call vote.
B. Subdivision of Lot 3, U. S. Survey 4970 - Joe Zentner (Psagshak Area) -
Mr. Ecklund explained where this area was located. Mrs. Gellis moved for approval.
Seconded by Mr. Terry. Motion passed by unanimous roll call vote.
C. Subdivision of Lot 14, Block 7, Bells Flats - Jeff Povelite - Mr. Holt moved
for approval of the preliminary plat. Seconded by Mrs. Gellis. The secretary
noted that the plat cannot be finalized until the land is paid off. *Questionbejng
called for, motion passed by unanimous roll call vote.
IX SUBDIVISIONS, FINAL
A. Lot 20, Block 7, Bells Flats Subdivision - Roy Ecklund - Mr. Ecklund noted
that there is access to the lots. Mr. Terry made a motion to approve the final
plat of Lot 20, Block 7, Bells Flats. Seconded by Mr. Holt. Motion passed by
unanimous roll call vote.
B. Woodland Acres Second Addition - Island Resources - It was stated in Mrs.
Nachtweih's previous letter on the rezoning that they cannot use her road as it
was private and they would have to put in theft own. Mr. Ecklund noted that
when the subdivision of Woodland Acres First Addition was done, the road was
not included within the subdivision, so legally this road is not her's to say that
it is private. Mr. Terry made a motion to approve the final plat. Seconded by
Mrs. Gellis. Motion passed by unanimous roll call vote.
C. Tideland Tract N -17A - Ursin Seafoods - Mr. Terry made a motion to approve
the final plat of Tideland Tract N -17A. Seconded by Mr. Holt. Motion passed by
unanimous roll call vote.
D. Lot 24, U. S. Survey 3098 - Mill Bay Road - Michael Shockley - Mr. Holt
moved for disapproval on the basis that it is not in conformity within regards of
the existing zone. Seconded by Mr. Terry. Motion passed by unanimous roll
call vote.
X P&Z ITEMS
A. Memo from Will Gariss - Re: Location of Proposed Clinic for Wasson /Falcon L.
Mr. Gaiss noted that Dr. Wasson and Dr. Falcon have submitted another request
to be granted a special exception on Lots 1, and 2, Block 55 East Addition.
Mr. Gariss stated that the essence of the memo from the Planning Department is
to consider what complies with the code. The findings were that there were too
many inconsistencies in the code. He did find that there are lots within the
area behind the hospital properly zoned to have a clinic there, which is another
possibility. Mr. Gariss questioned if there was adequate parking on the two
Tots of which they are ask:•ng for the exception and also adequate speed zones
K00IAK'USLAN[}BQROU6 PLANNING AND ZC]N|NGCOK4KA}SvUN PAGE
MEETING, APRIL 23, 1975
within the area. Dr. Wasson stated that they do have adequate parking, and
showed the commission a map of the lots and that he would be in favor of putting
in a cross walk and also be in favor of requesting that speed limits signs
be posted. Mr. Gariss noted that besides the area located behind the hospital
there are also some lots located on Mill Bay Road near the hospital that could
possibly be acquired for this use. Dr. Wasson stated that he looked into the
area located behind the hospital and that there would be too much traffic in
the residential area and the access to this lot was difficult. Nlr' Terry stated
that hebelieved that we could grant an��<ompti�n. mnadeafi�t�/n7
r code fir
Dr' Wasson
ing any pation of this building for any other
purpose and that th would check into the crosswalk and speed limit signs.
-bein�� motion passed by r}' u
B. Comprehensive Plans for Near Island and Port Lions - Mr. Gariss stated
that he is getting additional copies ot the plans. He turther stated that the
Borough has received a request to approve the plans and that he has sent in
a letter of approval, with the stipulation that this plan would be incorporated
in the Borough Comprehensive Plan. Mr. Terry stated that the Port Lions
City Council should approve the plan. Mr. Gariss noted that the council has
already approved the plan. Mr. Gariss suggested that we review the plan and
if agreeable then adopt them as additional volumes of the Kodiak Island Borough
Comprehensive Plan. It was noted that the Commission did accept the plan of
Near Island done by Tryck, Nyman and Hayes. Mrs. <3a||ls stated that the
plan was accepted in order for TN&H to be paid for the study. It was asked if
Near Island was zoned. Mr. Gariss noted that any and that is not classified is
Unclassified according to Section 17.09'070. Mr. Gariss also noted to the
Commission that Service-Recreation, Public - Semi-Public were not zoning
districts classified within our code. Mr. Gariss stated that he would write
a letter to Port Lions, requesting a letter as to their intent. Mr. Terry asked
that if we accepted the plan as it is now, would the zoning they have be in effect..
Mr. Gariss noted that no this is just a plan or guideline to go by.
C. Industrial Park - USS 3467 and USS 3468 - Mr. Gariss stated that he was
instructed by Mr. Wood to conduct a survey for an industrial park in U. S. Survey
3467 and 3468' He further stated that a Mr. Russell has asked the borough to
lease him some land within some of this survey so he could operate a sawmill.
Mr. Terry stated that this area in question was to close to residential land
Mr. Holt asked about sawdust biowing across the runway, if this would be a
hazard Mr. Gariss asked if he should continue to conduct a survey to seek an
industiral site. Mr. Holt stated that it is up to Mr. Russell to find his own site for a
sawmiil and then come to P&Z for approval, were not to find one for him. Mr. Burnham
feels that the Commission has a certain obligation to Mr. Hansen , in finding him a
sawmill site before we find anyone else one. Mr. Erwin recommended that Mr. Russell
contact Mr. Stover in leasing some of his land for a sawmill site. He had offered
it before to Mr. Hansen.
Q. Overall Program Development (HUD Planning Grant) - Mr. Gariss stated that
the borough has received a grant under which they established a planning department.
Under this grant they require that a three year program be submitted.
Mr. Gariss explained the process of how he developed the report. He further
stated that with the approval of the Assembly, he is submitting two alternate budgets
one for $30,000 with 10% paid by the borough and the other for $30'000 to have
an outside consultant update the Comprehensive PIan. He went on to say that
that he is hoping to keep the planning staff down to a minimum, that would be
hiring an assistant and a full time secretary. Mrs. Ge||is'stated that she thinks
it vital that the Borough be aware of all the bills passed at the legislature, as
they don't all apply to small towns. Mr. Gariss stated that he wanted the
Commission to feel free to put any input into this grant they wish.
E. Legal Opinion from Borough Attorney re: Proposed Amendments to Kodiak
Island Borough Code of Ordinances Chapter 16'24 - Improvement Guarantees -
Mr. Gariss stated that the attorney agreed with some part of the: revisement and
some parts he did not agree to. He will review this some more and come back to
Special Report
Prepared by: Planning Department
For: Kodiak Island Borough Planning and Zoning Commission
Subject: Dr. Wasson/Dr. Falcon Request,
Additional Use Permit
Lots 1 and 2, Block 55, East Addition
Per request of the Planning and Zoning Commission
the Kodiak Island Borough Planning Department has explored
the conditions and issues involved in the subject request
and herein presents its findings.
Permitted Uses, Residential Districts
Borough Code, Title 17.18.010, paragraph B and C,
permit clinics and professional offices in reisdential
districts R-2 and R-3.
Borough Code, Title 17.30.010 provides "the express
enumeration and authorization of a particular class of
building, structure, premises or use in a designated
district shall be deemed a prohibition of such building,
structure, premises or use in all other districts unless
otherwise specified."
Finding: The code as written restricts clinics and
professional offices to R-2 and R-3 districts.
Alternative: Rezone said lots to R-2
The Borough Code does not allow rezoning of specific
parcels of land. The code provides for the establishment
of districts and changes in the boundaries of existing
districts by Borough:Ordinance through assembly action
(title 17.72).
There exists no R-2 district in the vicinity of
said lots whose boundaries could be changed to incorporate
these lots. Consequently this alternative would require
the creation of a new district.
Finding: To create a new R-2 district encompassing
two lots would violate the intent of districting as
provided in the code. Consideration should be given to
establishing minimum acreage allowed for creation of a
new district.
Alternative: Hospital Subdivision
The Hospital Subdivision of U. S. Survey 3511 is
in a peculiar status. The Official zoning map permits
public and private use ( ref. Title 17.33) of this sub-
division. No record has been found by this dppartment that
the subdivision was includeddin any of the defined districts.
Consequently, its classification could be "Unclassified"
as allowed under Title 17.09.070 - Temporary Classification
of Land.
Finding: Location of the Clinic within the Hospital
Subdivision is clearly within the intent permited uses
established for the subdivision.
Alternative: Alternate Site, Mill Bay Road, Business District
Undeveloped property having desirable features in
close proximity of the hospital were located. These proper-
ties have equivalent assessed values to those of lots 1
and 2, Block 55 East Addition.
Finding: Seeking of alternative sites within the
Mill Bay Road Business District is a viable alternative.
Conclusion
The Planning Department concludes that the structure
and working of the Borough Code contain deficiencies and
in-compatibilities such that the code cannot provide
sufficient guidelines to resolve the issues.
Recommendation
It is recommended that the Planning and Zoning Commission
rely on its best judgements in this case to permit additional
uses as the Commission deems essential or desirable to the
public convenience or welfare. Until code clarification
has occurred, the Planning and Zoning Commission should con-
sider additional use permits for clinics and professional
offices in Unclassified, re6idential, and business districts
in the best interests of public welfare.
The only reservation the Planning Department would
have relative to granting an additional use permit for lots
1 and 2, Block 55 East Addition, is being assured of
adequate parking and that created vehicular and pedestrian
circulation patterns created would not interfere Frith State
HighloTy (Rezanof Drive) traffic when the highway improvement
project is completed.
Submitted by: Willard J. Gariss,
Planning Director
R. Holmes Johnson, M.D.
GENERAL PRACTICE
Spencer P. Falcon, M.D.
GENERAL PRACTICE
ISLAND MEDICAL CENTER
A Professional Corporation
Box 766
Kodiak, Alaska 99615
April 18, 1975
TO: Borough Planning Commission
Box 1246
Kodiak, Alaska 99615
FROM: Drs. Rud C. Wasson & Spencer P. Falcon,
Island Medical Center
Box 766
Kodiak, Alaska 99615
SUBJECT: SPECIAL EXCEPTION APPLICATION
Rud C. Wasson, M.D.
GENERAL PRACTICE
Under the conditions of Borough Statute 17.30.60. we
request the Planning & Zoning Commission to allow us
a Special Exception for Lots 1 & 2, Block 5, East
addition to allow us to build a medical clinic on
those lots. The combined lots are 14,400 feet, and
are zoned R-1. Reference original letter to Borough
Planning Commission dated 3/10/75.
We feel the Special Exception Application be considered
because the proposed improvement2to the lots will be:
1) Desirable from the viewpoint of the hospital
and public because of close proximity to the
hospital.
2) Provide a public convenience.
3) Be in harmony with the comprehensive borough
plan.
Rud C. Wasson, M. D.
RCW:cc