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1989-03-16 Regular MeetingsEDIAK ISIA ADROU® Regular Assembly Meeting March 16, 1989 A regular meeting of the Kodiak Island Borough Assembly was held REGULAR MEETING March 16, 1989 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:33 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by the Reverend Fred Ellis of the Seventh Day Adventist Church followed by the Pledge of Allegiance. There were present: ROLL CALL Lorne White, Presiding Alan Austerman Ann Barker Jack McFarland Tom Merriman Absent: John Parker (Excused) Wayne Stevens (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Shirley Berns, Deputy Borough Clerk APPROVAL OP AGER APPROVAL OF AGENDA BARKER, moved to approve agenda as seconded by MERRIMAN submitted. `OTION CARRIED Unanimous voice vote CORSRW AGER APPROVAL OF CCNSENT The items on the consent agenda were read aloud b the Y presiding AGENDA officer. MERRIMAN, moved to approve consent seconded by BARKER agenda. MOTION CARRIED Unanimous voice vote APPROVAL OF RIRDTRR APPROVAL OF MINUTES A. K.I.B. Assembly Regular Meeting of February 16, 1989 and March 2, 1989. This item was previously approved under the "Consent Agenda." CITIE®S' CON PGC S CITIZENS' COMMENTS Mike Anderson stated that he had been billed for snow removal and sanding on Puffin Drive for the winter months. He stated he was in the process of subdividing his property which adjoins Puffin Drive into residential lots. In order to subdivide the property, he said he had to provide water and sewer lines to the lots. Installation of these lines commenced last fall but could not be completed before the heavy freeze, he said. He paid the service district maintenance contractor to grade and compact Puffin Drive SO it was in good condition during the winter months. He felt the borough should pay for the snow removal and requested relief from the costs. March 16, 1989 Page 40 KIBS103824 Kodiak Island Borough Regular Assembly Meeting COMMITTEE REPORTS Assemblyman Merriman reported on the Parks and Recreation Committee. He said the group was ambitious with worthy goals. He noted the committee was short two members and urged anyone interested to apply. Assemblyman Anaterman reported on the School Budget Review Committee and the Fisheries Gear Storage Task Force. He also reported on the Pacific Rim Fisheries Business Development and Policy Conference that he attended in Anchorage. He said he had made good contacts and met individuals with the University of Alaska, the Alaska Center for International Business, and the governor's Office of International Trade who would be willing to conduct seminars in Kodiak on the export business. Assemblymember Barker said she had been the borough representa- tive at the negotiation between the Lutheran Hospital and Homes Management Company and the hospital employees who were represented by the Teamsters Union. She said a tentative agreement had been reached but the agreement still had to be ratified by the hospital employees, hospital board, and the borough assembly. Assemblyman McFarland said the Consolidation Committee had a final draft in a rewrite situation. He said the time schedule called for a public hearing on April 4, 1989 and an audio conference on April 30 with the villages. Also, as a member of the Gear Storage Task Force, he urged citizens to offer their input to the committee. Tom Handel, Planning and Zoning Commission representative, stated he was available to answer any questions on the board of adjustment appeal and Robin Heinrichs was also present. PUBLIC BE;IBIBG PUBLIC HEARING A. Ordinance No. 89-08-0 Amending Ordinance No. 88-13-0, FY89 ORDINANCE Budget. NO. 89-08-0 AUSTERNAN, moved to adopt Ordinance seconded by MERRIMAN No. 89-08-0. AUSTERMAN, moved to amend by seconded by MCF ARLAND substitution. VOTE ON MOTION TO AMEND Ayes: Austerman, Barker, McFarland, Merriman, White Noes: None MOTION CARRIED 5 Ayes, O Noes The presiding officer called for public testimony; there being none, the assembly was reconvened. Mayor Selby clarified several changes in capital projects. 'A VOTE ON MOTION TO ADOPT AS AMENDED •i3 Ayes: Barker, McFarland, Merriman, Austerman, White Noes: None MOTION CARRIED 5 Ayes, 0 Noes The presiding officer recessed the assembly and convened the Board of Adjustment. March 16, 1989 Page 41 KIBS103825 Kodiak Island Borough Regular Assembly Meeting • . . . . . . . . . . . . . . . e . . . . . . . . . . . . . e . • BOARD OF A0. ST"Ewr - BOARD OF ADJUSTN;trr BERG/COZART APPEAL An appeal of a Planning and Zoning Commission decision approving the following: Approval of an exception from Section 17.18.020 of the Borough Code to permit a forty by sixty (40 K 60) foot fishing gear storage and shop building to locate in a R1--Single-Family Residential Zoning District on Lot 10B-2, U.S. Survey 3099; and Approval of a variance from Section 17.18.050A of the Borough Code to permit a sixteen by twenty-four (16 % 24 foot accessory building to project sixteen (16) feet into the right-of-way in a R1--Single-Family Residential Zoning District along Lot IOB-2, U.S. Survey 3099; and Confirmation of the use of Lot 105-2, U.S. Survey 3099, for the purpose of outdoor commercial fishing gear storage as a legitimate nonconforming use of land in the R1--Single-Family Zoning District 2766 Rezanof (Applicant: Jon Smee) (Appellant: James Berg and Sid Cozart) Linda Freed, Community Development Department Director, said the request had three subsections. She indicated that the applicant's first request for an exception was different than what the P&Z Commission had approved. The first request for an exception from Section 17.18.020 asked to permit a 40 x 60 foot fishing gear Storage and shop building containing a single family dwelling, which would not be more than twenty percent of gross floor area of the building to locate in the R1 Zoning District. She said the P&Z Commission approved a modification of the exception to allow a 40 x 60 foot gear storage and shop building to be built without an apartment. She explained the decision of the P&Z Commission on each of the three sections and their findings. Tom Hands!, P&Z Commissioner, said in making the decision the commission tried to address the concerns of the neighborhood while at the same time giving the applicant an alternative to his original request. With the conditions of approval attached to the exception request for the gear storage warehouse, he said the commission hoped to mitigate some of the problems associated with fishing gear warehouses. He proceeded to explain the conditions and said the commission felt its decision was as fair as possible to both the applicant and the surrounding neighborhood. James Berg, one of the co -appellants, stated that he lived across the street from the land in question and worked down the street from it. First of all, he noted that he had worked as a commercial fisherman and realized the economic value of fishing to the com- munity. He thought the fishermen needed help but he also thought the sanctity of the zoning regulations needed to be maintained. He noted this area was zoned R-1 which is the only zoned property where gear storage and gear buildings are not allowed. He said he was against approval of this exception because he felt it would devalue his property. Another reason for his objection had to do with the safety of children and the fire hazard that might be created. He pointed out the rodent problem inherent with crab pot storage. He said the borough should have stronger zoning regulations and felt it was inappropriate for the P&Z Commission to change the request without holding another public hearing. He thought the issue of screening Spruce Cape Road as well as Rezanof Drive should be addressed. He brought up Mr. Bass's "grandfather rights" for gear storage and thought "grandfather rights" should be clearly defined and the date set when they became effective. He questioned if "grandfather rights" could be assigned to each piece of property when the property was subdi- vided. Another issue he brought up was the definition of a "Home Occupation" and felt that fishing activities did not fit into March 16, 1989 Page 42 KIBS103826 IhI. Kodiak Island Borough Regular Assembly Meeting that category. He stated that his primary concern for this BOA - BERG/COZART appeal had to do with safety in the area. He also thought the (Cont'd.) planning of the whole community should be considered and a deter- mination made about what was best and esthetically pleasing to the entire community. Son Smee, property owner, reviewed his request for an exception and approval of a variance. He gave the assembly a brief history of his background in Kodiak. He noted that he had traditionally stored fishing gear on this property which was zoned RR -1 when he purchased it and felt his right to store gear was "grandfathered." Regarding the request for a variance to permit a 16 X 24 foot accessory building to project sixteen feet into the right-of-way, he said the building was a skid shack which could be moved. He pointed out the topography of the land was such that this was the only area to place the building. He noted his original request for approval of an exception was for a combination gear storage and apartment building. He displayed photographs of several gear storage/apartment combinations located in Kodiak. He said his first objective was to achieve the fullest and best use of his property. He said he wanted to build a near storage/apartment combination building which would serve a dual purpose of providing a home and a place to work out of the weather. He said he would like to move his gear indoors and faze out as much as possible the outside storage. He said the storage would be for his personal use only, and would do everything that was possible to make this building esthetically pleasing. He displayed a plat of his property and noted that it had been subdivided into four lots. He said he sold lot 10A-1 and lived on lot IOB-1. He stated access his storage area would be from 10A-1 off Spruce Cape Road. Duane Peterson, property owner and neighbor of Mr. Smee, spoke in support of Mr. Smee's request. He said Mr. Smee was very consci- entious about keeping a clean yard. He noted since this was a fishing community and Mr. Smee was a fisherman, he thought Mr. Smee had a right to use his property in pursuit of his livelihood. Glenn Dick, Arc -N -Spark Welding employee, verified that he had sold Mr. Smee fishing pots since 1982 and had moved this fishing gear several time a year to Mr. Smee's property on Spruce Cape. He stated that Mr. Smee took great care in the stacking of his gear and his gear was clean. Bill Weaver, property owner near Mr. Smee, thought the P&Z Commission's decision was about even because he felt both sides won concessions. He said that he would not like to see the decision changed because it cleaned up the area. Scott Arndt, thought the decision of the Planning and Zoning Commission was a compromise on both sides and should be upheld. Sid Cozart, co -appellant, spoke in support of the appeal and stated he was against the building of a 40 X 60 gear storage building with or without an apartment. He also voiced objection to the P&Z Commission amending the request without any public testimony or input. He listed his reasons for being against the construction of the gear storage building. He questioned which lots on Mr. Smee's property had "grandfather" rights. He said he hoped this was not a "Kodiak Compromise." He said if it was a compromise that he would like to see additional conditions and he listed them. Tuck Bonney said he had walked around Mr. Smee's property and talked to him. He saw no problem with building the storage building since the building would be out of sight of both Rezanof and Spruce Cape Road with ample access from both roads. He said the question that bothered him in granting these types of excep- tions was the clear signal being sent to the community that you can do whatever you want regardless of the zoning code. He thought if the zoning in the area was wrong, it should be changed to support the use before the use was allowed. He said he was against a land use that was not compatible with the zoning code. March 16, 1989 KIBS103927 Page 43 Kodiak Island Borough Regular Assembly Meeting James Berg summarized his objections to the Planning and Zoning BOA - BERG/COZART Commission's decision to approve Mr. Smee's requests. (Cont'd.) Mr. Smee presented a list of names of people in the neighborhood who opposed the appeal. The presiding officer noted that each section of the request would be voted on separately. The presiding officer called for a ten minute recess. The presiding officer reconvened the assembly Assembly -embers questioned Mr. Smee regarding his gear storage and the possibility of placing additional stipulations such as screening and accessing the property from Rezanof Drive as conditions for approval. Linda Freed and Robin Henrichs responded to questions from the assembly and a discussion followed among assemblymembers. BARKER, moved to approve Planning seconded by AUSTERMAN and Zoning Commission's decision to: "Approve an exception from Section 17.18.020 of the Borough Code to permit a forty by sixty (40 K 60) foot fishing gear storage and shop building to locate in a R1--Single-Family Residential Zoning District on Lot 1OB-2, U.S. Survey 3099; subject to the following conditions: 1. The lot line between Lots 1OB-1 and 1OB-2, U. S. Survey 3099 must be vacated and the lots replatted into one (1) lot. 2. The ratio of the proposed building to lot size is expressly permitted by the Planning and Zoning Commis- sion for the forty by sixty (40 x 60) foot building as requested by the applicant. (No apartment is permitted as part of this motion.) 3. The applicant must provide and maintain screening between Lots 1OA-2 and 11, U.S. Survey 3099 and the lot ROB) created by condition of approval number one (1) above; and a fourth condition, 4. The applicant must provide and maintain screening between Lots 10A-2 and 11, and 103-2 and 11." She stated that her intent by adding the fourth condition is to have the gear screened from Spruce Cape. Linda Freed responded to questions from the assemblymembers. A discussion followed among assemblymembers about which lots needed to be screened. Commissioner Bendel pointed out that Condition R3 does require screening between the new lot and lots 1OA-2 and 11. Mayor Selby clarified the area required t0 be screened by the PIZ Commission. March 16, 1969 KIBS103828 Page 44 E3 Kodiak Island Borough Regular Assembly Meeting BARKER, moved to amend Condition #4 BOA - BERG/COZART seconded by MERRIMAN to read: (Cont'd.) "The applicant most provide and maintain screening between Lots IDA -1, 1OA-2 and 11, U.S. Survey 3099 and the lot (10B) created." VOTE ON MOTION TO AMEND Ayes: Barker Noes: McFarland, Merriman, Austermen, White MOTION FAILED 1 Aye, 4 Noes MCFARLAND, moved to amend to add seconded by AUSTERMAN "maintain screening between Lots 10A-1, 1OA-2 and 11, U.S. Survey 3099 and Lot 10B." Assemblyman McFarland said his motion could either be incorpo- rated in Condition 43 or be added as a Condition N4. MOTION WITHDRAWN MCFARLAND, moved to amend to add a seconded by AUSTERMAN fourth condition as follows: 4. Outdoor gear storage is allowed only in the area up to the old lot line of Lot IOB-2. Assemblyman McFarland stated he was attempting to define the area which had "grandfather rights" and was eligible for the storage of gear. He said the screening would take care of the gear storage area. VOTE ON MOTION TO AMEND Ayes: Merriman, Austerman, Barker, McFarland Noes: White MOTION CARRIED 4 Ayes, 1 No Assemblyman McFarland discussed the memorandum from the Community Development Department dated December 22, 1988 to Mr. Smee stating the actions taken by the Planning and Zoning Commission. The The memo said the department would be setting a precedent in allowing a commercial use in a R1 District which, in fact, is against the zoning code. He said the memo stated this use was consistent, but he felt it did not meet the definition of a "Home Occupation." He thought the borough code should be examined. Presiding Officer White called for a revote on the motion to amend as he was confused about the motion. REVOTE ON MOTION TO AMEND Ayes:. Merriman, Austerman, Darker, McFarland, White Noes: None MOTION CARRIED 5 Ayes, 0 Noes March 16, 1989 Page 45 i KIBS103829 Kodiak Island Borough Regular Assembly Meeting VOTE ON MAIN MOTION AS AMENDED BOA - BERG/COZART Ayes:A(Cont'd.) musteran, Barker, Merriman Noes: McFarland, White MOTION FAILED 3 Ayes, 2 Noes (CLERK'S NOTE: Assemblyman White filed a notice of intent to reconsider on the day following the meeting.) AUSTERMAN, moved to uphold the Planning seconded by MERRIMAN and Zoning Conmission's approval of a variance as follows: "Approval of a variance from Section 17.18.050A of the Borough Code to permit a sixteen by twenty-four (16 X 24) foot accessory building to project sixteen (16) feet into the right-of-way in a R1--Single-Family Residential Zoning District along Lot IOB-2, U.S. Survey 3099, subject to the following conditions: 1. The accessory building will be maintained at the applicant's sole expense. 2. The applicant assumes any liability associated with said accessory building on State-owned property. 3. If a future data the State determines that the accessory building at be removed from the State-owned property, the applicant or any subsequent owner of Lot IOB-2, U.S. Survey 3099, agrees to remove same without cost to the State. 4. Since the land is publicly owned, no prescriptive right accrues to the user. 5. The accessory building shall not reduce any required off-street parking. 6. A letter of approval from the State of Alaska Depart- ment of Transportation and Public Facilities approving the applicant's use of the Rezanof Drive East right-of-way muat be on file with the Kodiak Island Borough Community Development Department prior to issuance of zoning compliance." VOTE ON MOTION Ayes: Barker, McFarland, Merriman, Au6terman, white Noes: None MOTION CARRIED: 5 Ayes, 0 Noes AUSTERNAN, moved to uphold Planning and seconded by MERRINAN Commission's decision to: "Confirm the use of Lot IOB-2, U.S. Survey 3099, for the Purpose of outdoor commercial fishing gear storage as a legitimate nonconforming use of land in the R1--Single- Family Zoning District, as evidenced by public testimony and staff research." Assemblymember Barker requested Linda Freed to explain why it was necessary to confirm the continuing use or "grandfather rights" for outdoor storage on this property and why there could not be a "sunset clause" attached. March 16, 1989 Page 46 KIBS103830 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION BOA - BERG/COZART Cont'd.) Ayes: McFarland, Merriman, Austerman, Barker, Noes: White MOTION CARRIED 4 Ayes, 1 No The assembly referred to staff for findings of fact on the assembly's decision regarding the exception. AGBTERMAN, moved to approve Planning seconded by MERRIMAN and Zoning Commission's Findings of Fact on granting the variance and confirmation on use of the land as follows: "Granted the variance request and adopted the following findings of fact in support of their decision: 1. Exceptional physical circumstances or conditions applicable to the property or intended use of develop- ment, which generally do not apply to other properties in the same land use district. 2. strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. 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. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. 6. That the granting of the variance will not permit a prohibited land use in the district involved." VOTE ON MOTION Ayes: Merriman, Austerman, Barker, McFarland, White Noes: None MOTION CARRIED 5 Ayes, 0 Noes Assemblyman McFarland and Presiding Officer White gave their reasons for voting "No" on upholding PaZ's decision to approve an exception to permit a forty by sixty foot fishing gear storage and shop building to be located in a R-1 Zoning District. •. e e e e e e. e e. e e e. e e e e e i e e i e e e. e. e e Presiding Officer White adjourned the Board of Adjustment and reconvened the assembly. Presiding'Officer White called for a five minute recess. (CLERK'S NOTE: Assemblyman Merriman left the meeting.) Presiding Officer White reconvened the assembly. March 16, 1989 Page 47 KIBS103831 0 Kodiak Island Borough Regular Assembly Meeting Kes� P SBE waom IWI Ayes: MESSAGES FROM MAYOR Mayor Selby proclaimed the week of March 26, 1989 as Tsunami McFarland, White Awareness Weak and urged all citizens in the Kodiak community to None recognize the possibility of earthquakes and Tsunami and to join 4 Ayes, 0 Noes in the Emergency Preparedness Plan to minimize the damage in case AUSTERMAN, of disaster. seconded by MCFARLAND Mayor Selby commented on the excellent job the Chamber of Commerce had done in putting together the ComFish activities for the coming VOTE ON MOTION weekend and encouraged everyone to participate in it. Ayes: Also, he reported on his recent trip to Washington, D.C. and his ' interaction with members of the senate. He said that he found Noes: quite a change in attitude regarding fisheries issues and thought NOTION CARRI£I1 it was prompted by the high seas intercept issue. He felt there was a very favorable climate for the Alaska fishery industry in Washington. He said notification had been received that the annexation of the Shelikof Straits has been completed and the certificate of annex- ation should be in hand within two weeks. He added that a budget workshop with the state of Alaska would take place on Saturday, March 18, 1989 at 8:30 a.m. in the High School Auditorium. He urged citizens to participate in deciding how to trim the state's budget and seeking new sources of revenue. OLD EOEINEEE OLD BUSINESS None NBti BUSIMM NEW BUSINESS A. BID AWARDS BID AWARDS 1. Landfill Materials Acquisition Contract Award LANDFILL MATERIALS AUSTERMAN, moved to award landfill seconded by McParland Materials Acquisition Contract to Anderson Construction in an amount WE $56,160. VOTE ON MOTION Ayes: Austerman, Barker, McFarland, White Noes: None MOTION CARRIED 4 Ayes, 0 Noes 2. Landfill Dump Truck Bid Award LANDFILL DUMP TRUCK AUSTERMAN, moved to reject all bids seconded by MCFARLAND and authorize staff to rabid. VOTE ON MOTION Ayes: Barker, McFarland, ' Austerman, White Noes: None NOTION CARRI£I1 4 Ayes, 0 Noes March 16, 1989 Page 48 KIBS103832 - Kodiak Island Borough Regular Assembly Meeting 3, Surplus Landfill Equipment Bid Award BID AWARDS Ayes: (Cont'd.) AUSTERMAN, moved to reject all bids McFarland, White seconded by MCFAALAND and authorize staff to SURPLUS LANDFILL rebid. EQUIPMENT VOTE ON MOTION IN FIRST READING AS AMENDED Ayes: Austerman, Barker Barker, McFarland, Noes: McFarland, White Austerman, White MOTION FAILED 2 Ayes, 2 Noes None Mayor Selby stated the bidder had withdrawn his offer and 4 Ayes, 0 Noes requested the authorization to rebid the equipment. gage :a B. RESOLUTIONS RESOLUTIONS Norte C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION 1. Ordinance No. 89-10-0 Amending K.I.B. Code By Adding Section 3.20.080(F), Property Exempted From Taxation. ORDINANCE (Advance to Public Hearing on April 20, 1989) NO. 89-10-0 This item was previously approved in first reading under the "Consent Agenda." 2. Ordinance No. 89-11-0 Providing For The Issuance Of ORDINANCE 1989 General Obligation School Refunding Bonds Of The NO. 89-11-0 Borough In The Aggregate Principal Amount Of Not To Exceed $9,700,000 To Provide Funds Required To Refund Certain Outstanding General Obligation Bonds Of The Borough, Fixing Certain Details Of Such Bonds And Authorizing Their Sale. (Advance to Public Hearing on April 6, 1989) AUSTERMAN, moved to adopt Ordinance seconded by BARKER No. 89-11-0 in first reading. At the request of the presiding officer, Mayor Selby explained this ordinance was the refunding of the 1980 bond issue with the opportunity to save the borough residents approximately $150/160,000 over the remaining life of the bonds in terms of interest paid back. He noted that the refinancing costs were not included in the amount listed in the ordinance and said it should be changed to read $10,100,000. BARKER, moved to amend Ordinance seconded by MCFARLAND No. 89-11-0 to read $10,100,000. VOTE ON MOTION TO AMEND Ayes: Austerman, Barker, McFarland, White Noes: None MOTION CARRIED 4 Ayes, 0 Noes VOTE ON MOTION TO ADOPT IN FIRST READING AS AMENDED Ayes: Barker, McFarland, Austerman, White Noes: None _. MOTION CARRIED 4 Ayes, 0 Noes - March 16, 1989 gage :a KIBS103833 Kodiak Island Borough Regular Assembly Meeting D. OTHER ITEMS OTHER ITEMS None INPORl 710NAL MTNNIAW (No action required) INFORMATIONAL A. MINUTES OF OTHER MEETINGS MATERIALS 1. K.I.B. Hospital Advisory Board Regular Meeting of MINUTES OF OTHER January 18, 1989 and February 1, 1989. MEETINGS 2. K.I.B. Planning and Zoning Commission Regular Meeting of February 15, 1989. 3. Mo ... hka Bay Road District Budget Meeting of March 3, 1989. B. REPORTS 1. Status Report - Facilities, Community Development 2. K.I.B. School District Financial Report - January, 1989 3. K.I.B. Financial Report - February, 1989 C. OTHER REPORTS OTHER None CITIZBMS' COIMEM CITIZEN'S COMMENTS Robin Heinr icha questioned the decision on the appeal. He said there was a policy about assessory buildings and the allowable number of assessory buildings that Could be on a piece of property and wondered if this decision would effect this policy. He asked whether "size" or "scale" or the issue of fishing gear was the problem and asked for some guidance from the assembly. He explained the definition "Home Occupations" was used for low scale things that were deemed to be inoffensive in the neighbor- hood. He said if these uses became offensive, they were no longer deemed to be "Home Occupations" and became commercial uses. He stated that the Planning and Zoning Commission dealt with these things weekly and needed guidelines. A discussion followed between assemblymembers and Mr. Heinrich. on the definition of "Home Occupations." Scott Arndt called for a point of order on the appeal. He thought the assembly was suppose to affirm or disapprove the appeal and that was not what the assembly had done. He said the assembly had removed themselves to the Planning and Zoning Commission level and acted without being familiar with the codes. He thought the assembly looked at the issues rather than the appeal. He asserted the assembly did not act on the appeal and asked what the assembly was going to do to rectify the problem. He said he understood when the assembly at as a Board of Adjustment four votes were needed to reverse or modify a PSZ Commission decision. He also commented that the assembly did not understand the guidelines that the P6Z Commission used. Tom Hendel, addressing comments made by persona supporting the appeal, said the P6Z meeting where this appeal case was heard was his first meeting as chairman and he apologized if he had been guilty of errors in procedure. He said everyone who wished to testify at the public hearing had the opportunity to do so. He said when he closed the public hearing, a discussion ensued between the applicant and the P6Z Commission and that was how the commission arrived at the motion they voted on. Jon Smee stated that he did not have enough time to present his case during the appeal. He added that nothing had been changed on his property as a result of this appeal. He said the ironic thing was that he was renting a warehouse for inside storage less than a quarter of a mile from his house and no one was even aware Of it. Mr. Smee commented the same situation would be true if he built on his property. He thought the issue was not land use but rather land used for fishing gear storage. March 16, 1989 Page 50 KIBS103834 EM Kodiak Island Borough Regular Assembly Meeting ASSPID)LT 's R1l1641S ASSEMBLYMEN'S COMMENTS Assemblyman White inquired about the resolution regarding the comprehensive plan for the area north of Kodiak city limits. He said he did not see a problem in the way the Board of Adjustment had been handled. Assemblymember Barker encouraged everyone to attend the budget hearing on Saturday and said it was an opportunity to have input. She commented that she did not think outdoor storage was appro- priate in a R1 zoning district but suggested that large storage buildings be discussed at a work session. However, she thought these buildings filled a real need in the community but saw the need for regulation. Assemblyman McFarland requested a list from Ps2 showing the items where there needs to be established a basis of understanding. He said this was a fishing community and the community needed to make a commitment to assist the fishing industry. He thought a special meeting should be held to review the code and to rezone some special area if necessary. Assemblyman Austerman tended to agree with Mr. Arndt about the procedural handling of the appeal. He said the assembly did not address the appeal itself but addressed the decision by the Planning and Zoning Commission. He said the assembly did not make a motion either denying or upholding the appeal. He thought staff might be instructed to research the technicalities through the attorneys and if necessary reconsider the decision on the appeal. ADJWIDIIfHR ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 11:05 p.m. Pres ding Officer ATTEST: 1 Borough J1 k _, March 16, 1989 Page 51 KIBS103935 V.