KODIAK ISLAND BOROUGH LANDFILL SUB LT 1A - ZCP 12/12/2023 (2)2. No structure shall be constructed closer than fifty-five (55) feet from the center of the
improved driving surface of Kizhuyak Drive.
FINDINGS OF FACT
1. The conditions of approval for this conditional use will ensure that the value, spirit,
character, and integrity of the surrounding area are maintained to the maximum extent
possible.
2. The conditional use fulfills all C-Conservation zoning district requirements. Compliance with
those requirements and the conditions of approval will be further ensured during issuance of
zoning compliance for the project
3. This facility will provide a service that will enhance public health, safety, convenience, and
comfort within the community of Port Lions. The project is designed in accordance with
acceptable engineering standards and will be constructed, maintained, and operated in
accordance with all applicable federal, state, and local requirements. The conditions of
approval will further ensure that the facility is not harmful to the public.
4. The selected site fulfills all engineering requirements and the conditions of approval will
ensure sufficient setbacks, buffers, and other safeguards are provided.
5. The site is specifically located to maximize public benefit. The site provides better protection
from tsunamis and is located between the two main sections of the City. The central
location will more easily accommodate the provision emergency power to the entire
community during main power system failures.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
F. CASE 17-010. Request a variance (KIBC 17.105.040.A.2 and 17.195) to allow an 8' x 20'
accessory building (landfill customer service and support building) to encroach 34' into
the required I -Industrial zoning 50' front yard setback on Lot 1A, Kodiak Island Borough
Landfill Subdivision. This request is an effort by the Borough to improve landfill
customer safety and service by locating the building next to the existing landfill scales.
The applicant is the Kodiak Island Borough and the agent is Dave Conrad, KIB
Construction Inspector and Engineer. The location is 1203 Monashka Bay Road and the
zoning is I -Industrial.
COMMISSIONER PAINTER MOVED to grant a variance, per KIBC 17.105.040.A.2 and 17.195,
to allow an 8' x 20' accessory building (landfill customer service and support building) to
encroach 34' into the required I -Industrial zoning 50' front yard setback on Lot 1A, Kodiak Island
Borough Landfill Subdivision, and to adopt the findings of fact listed in the staff report dated
September 7, 2016 as "Findings of Fact" for 17-010.
Maker stated this is the borough;s effort to improve landfill customer safety and service. The
existing customer service building is next to the baler building and the scales are near the front
property line. By relocating the building next to the scales, it will allow customers to drive in onto
the scale for their full weight, unload, drive back onto the scales to get their empty weight and
obtain their ticket without having to transit across the heavy traffic area to improve safety. Staff
recommends approval of this request.
Open public hearing:
Dave Conrad, agent, encouraged the commission to move this forward. This is a result of taking
advantage of software purchased for the update to the billing for the landfill. It will streamline,
especially the commercial carriers that are on and off the property continuously as they won't
have to get out of their vehicles to walk across. There are times when it is very congested when
it's wet and icy. It would be a safety advantage to the public and time spent there.
Close public hearing:
Brief discussion.
FINDINGS OF FACT
Kodiak Island Borough Planning & Zoning Commission Minutes
September 21, 2016 Page 7
1. The longstanding location of the existing bailer building, scales, and traffic flow for landfill
operations require that the landfill customer service and support building be placed near the
scales to provide optimal public customer service in a safe efficient manner.
2. The strict application of the I -Industrial zoning district 50' front yard setback requirement
would not allow the building to be placed a manner that would maximize public benefit.
3. Granting of the variance will not result in material damage or prejudice to other properties in
the vicinity. Placing the building within the setback will have a minimal impact on site
aesthetics. That minimal impact is more than compensated for by the resultant
improvements to public safety, general welfare, and customer service.
4. Granting of the variance is consistent with various objectives of the adopted Comprehensive
Plan.
5. The special conditions from which relief is being sought are caused by the longstanding
location of the existing bailer building, scales, and traffic flow for landfill operations, not the
applicant.
6. The granting of this variance will allow construction of an accessory building on an (-
Industrial zoned parcel. Accessory Buildings are listed as a permitted use in that zoning
district.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
G. CASE S17-002. The applicant is the Kodiak Island Borough and the agent is the KIB
Resource Management Officer. The location is 593 Island Lake Road and the zoning is
PL-Public Use Lands. (rezone to R2-Two-Family Residential pending final approval by the
Borough Assembly)
COMMISSIONER BALDWIN MOVED to postpone Case S17-002 to the November 16, 2016
Planning and Zoning Commission regular meeting.
Maker stated this is a borough owned lot that follows the recent Land Disposal request. It is
retaining a 2 acre portion and subdividing a 1 acre portion. It will be offered at a future land sale.
Staff recommends postponement to allow for a drainage plan to be done and submitted by the
Resource Management Officer per commission direction at the work session.
In response to COMMISSIONER PAINTER'S inquiry of will the new plat change the original
covenant language or will it be a legal problem for the owners later on because we've changed
that language regardless of us moving around properties, we could have moved it to where
there's a lot of slope, etc. and not retain a portion but she believes we're supposed to save this,
the covenant says to save Lot 1A-4E. Maker stated the recording of this plat is, that covenant is
like vacating a portion of an easement, it would be considered similar, you would say easement
vacated this plat and specifically in the plat notes it says the original plat of Lot 1A-4, Plat 93-12
has a covenant designating all of Lot 1A-1 and 1A-4 for parks and recreational purpose and it
specifically states this plat amends the covenant as it pertains to Lot 1A-4 only, Lot 1A-4E
created this survey will remain designated for parks and recreational purpose. Lots 1A-4A, 4B,
4C, and 4D created this survey are not designated for parks and recreation by this plat. Once
this is recorded it is a legal document and that plat note will replace the old covenant.
Open public hearing:
Duane Dvorak, Resource Management Officer stated he concurs with staff's recommendation.
There should be adequate time to get a drainage plan by November. Before we do anything we
need a plan approved by the commission that we can put out for bid, it woud be a specific scope
of work. We are trying to get these lots together for land sale. We are projecting the land sale to
be in April 2017 and it does put some time constraint on things but still doable.
Don Swanson stated a few things came to light about this rezone and subdivision that he talked
about at the last meeting. There is a drainage issue on those lots. He lives adjacent to the
corner, the closest resident to those lots to be developed. He would like to see a real good
Kodiak Island Borough Planning & Zoning Commission Minutes
September 21, 2016 Page 8
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kodiak.ak.us
September 28, 2016
Mr. Dave Conrad, Construction Inspector and Engineer
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Re: Case 17-010. Request a Variance (KIBC 17.105.040.A.2 and 17.195) to allow an
8' x 20' accessory building (landfill customer service and support building) to
encroach 34' into the required I -Industrial zoning 50' front yard setback on Lot
1A, Kodiak Island Borough Landfill Subdivision. This request is an effort by the
Borough to improve landfill customer safety and service by locating the building
next to the existing landfill scales.
Dear Mr. Conrad:
The Kodiak Island Borough Planning and Zoning Commission at their regular meeting
on September 21, 2016, granted a variance request cited above and adopted Findings
of Fact in support of their decision.
The Commission adopted the following findings of fact in support of their decision:
FINDINGS OF FACT
1. The longstanding location of the existing bailer building, scales, and traffic flow for
landfill operations require that the landfill customer service and support building be
placed near the scales to provide optimal public customer service in a safe efficient
manner.
2. The strict application of the I -Industrial zoning district 50' front yard setback
requirement would not allow the building to be placed a manner that would maximize
public benefit.
3. Granting of the variance will not result in material damage or prejudice to other
properties in the vicinity. Placing the building within the setback will have a minimal
impact on site aesthetics. That minimal impact is more than compensated for by the
resultant improvements to public safety, general welfare, and customer service.
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4. Granting of the variance is consistent with various objectives of the adopted
Comprehensive Plan.
5. The special conditions from which relief is being sought are caused by the
longstanding location of the existing bailer building, scales, and traffic flow for landfill
operations, not the applicant.
6. The granting of this variance will allow construction of an accessory building on an (-
Industrial zoned parcel. Accessory Buildings are listed as a permitted use in that
zoning district.
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 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 or party
aggrieved, by filing a written notice of appeal with the Borough Clerk within ten (10)
calendar days 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 accompanied
by the appropriate appeal fee. Therefore, the Commission's decision will not be final
and effective until ten (10) calendar days following the decision. For more information
on the appeal process please contact the Borough Clerk's Office at 486-9310.
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.
If you have any questions about the action of the Commission, please contact the
Community Development Department at 486-9363.
Sincerely;
Sara Mason, Director
Community Development Department
CC: Nova Javier, Borough Clerk
Planning and Zoning Commission
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