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Planning and Zoning Commission Work Session Wednesday, August 8, 2018, 6:30 P.M., KIB Conference Room

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Planning and Zoning Commission Work Session Wednesday, August 8, 2018, 6:30 P.M., KIB Conference Room Kodiak Island Borough Planning and Zoning Commission Work Session Wednesday, August 8, 2018, 6:30 p.m., KIB Conference Room Work Sessions are informal meetings of the Planning and Zoning Commission where Commissioners review the upcoming regular meeting agenda packet. They may request or seek additional information from staff or the applicant to be presented at the regular meeting. Although additional items not listed on the work session agenda may be discussed when introduced by the Chair, Commissioners, or staff, no formal action is taken at work sessions. Items that require formal Commission action are placed on the Planning and Zoning Commission regular meeting agenda. Citizen comments at work sessions are NOT considered part of the official record. Citizen comments intended for the "official record" should be made at a Planning and Zoning Commission regular meeting. Citizen comments will not be allowed regarding cases which are scheduled for public hearing. Page 1. CALL TO ORDER 2. ROLL CALL 3. CITIZEN COMMENTS Items not scheduled for Public Hearing. Limited to three minutes per speaker. 4. ITEMS FOR DISCUSSION 5. PACKET REVIEW PUBLIC HEARINGS No Public Testimony will be taken at the Work Session. 4 - 43 a. CASE: 17-027 (Postponed at the June 27, 2018 Regular Meeting) APPLICANT: Roy Fairman REQUEST: A Variance to allow an existing single-family residence to encroach 19 feet into the required front yard setback on Lot 9, Block 2, Port Lions Subdivision (KIBC 17.195 and KIBC 17.75.050, this request has been amended to reflect the actual variance required to accommodate an encroachment shown on a newly provided as-built survey). LOCATION: 415 Bayview Drive, Port Lions R1-Single-Family Residential District ZONING: 17-027 Supplemental Staff Case Packet_8.1.2018_ 44 - 63 b. CASE: 18-019 APPLICANT: Chris & Lisa Kostelecky REQUEST: A Variance to allow construction of a single-family dwelling with a roofed front deck that encroaches 7 feet into the required 25 foot front yard setback and a roofed rear deck that encroaches 1 foot into the Page 1 of 267 required 10 foot rear yard setback on Lot 2, Block 46, East addition Subdivision (KIBC 17.195, 17.75.050.A, and 17.75.050.C). LOCATION: NHN Rezanof Drive East (abuts 1423 Rezanof Drive East) R1-Single-Family Residential District ZONING: 18-019 Packet 64 - 201 c. CASE: 19-002 APPLICANT: City of Larsen Bay REQUEST: An ordinance of the Kodiak Island Borough amending KIBC 17.10 (Comprehensive Plan) to incorporate the 2018 Larsen Bay Comprehensive Plan Annex Update. LOCATION: All lands within the corporate boundaries of the City of Larsen Bay Varies ZONING: 19-002 Packet 202 - 244 d. CASE: 19-001 APPLICANT: Planning and Zoning Commission REQUEST: Planning and Zoning Commission Resolution No. FY2019-01 Recommending a Capital Improvement Projects Priority List for FY2018-2022. LOCATION: Borough wide Varies ZONING: 19-001 CIP Case Packet 6. OLD BUSINESS 7. NEW BUSINESS 245 - 259 a. Prioritization of the KIBC Title 16 (Subdivision), 17 (Zoning), and 18 (Borough Real Property) amendment topics discussed at the July 11, 2018 Kodiak Island Borough Assembly/Planning and Zoning Commission Joint Work Session. NB-9A Amendment Topic Priority Packet 8. COMMUNICATIONS 260 - 267 a. Planning and Zoning Case Results Letters July P&Z Case Results Letters Packet 9. REPORTS a. Meeting Schedule: • September 12, 2018 Work Session-6:30 p.m.-KIB Conference Room • September 19, 2018 Regular Meeting-6:30 p.m.-Assembly Chambers Page 2 of 267 10. STAFF COMMENTS 11. COMMISSIONER COMMENTS 12. ADJOURNMENT Page 3 of 267 PUBLIC HEARING ITEM 7-A AGENDA ITEM #5.a. P&Z REGULAR MEETING: AUGUST 15, 2018 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-027. A Variance to allow an existing single-family residence to encroach 19 feet into the required front yard setback on Lot 9, Block 2, Port Lions Subdivision (KIBC 17.195 and KIBC 17.75.050, this request has been amended to reflect the actual variance required to accommodate an encroachment shown on a newly provided as-built survey). DATE: August 1, 2018 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 17-027 APPLICANT: Roy Fairman LOCATION: 415 Bayview Drive, Port Lions LEGAL DSC: Lot 9, Block 2, Port Lions Subdivision ZONING: R1-Single-Family Residential District NOTICE: Thirty-nine (39) notices were mailed out on July 5, 2018. As of the date this report had been prepared, two comment forms were received in favor of the request. Although comments in opposition have been received at past public hearings for this case, none were received during this public notice cycle. STAFF ANALYSIS This case was originally heard at the June 21, 2017 P&Z regular meeting, during which it was postponed until the January 2018 P&Z regular meeting. At the January 24, 2018 P&Z Regular Meeting it was postponed until the June 2018 P&Z regular meeting. During this period the Commission had recommended that the applicant provide an as-built survey for review. Immediately prior to the June 27, 2018 Regular Meeting, the applicant provided an as-built survey which showed new information related to existing encroachments. Specifically, the survey showed no side yard setback encroachment and a front yard encroachment that exceeded what was initially requested. The motion was amended to reflect actual conditions by eliminating the side yard encroachment and increasing the variance for the front yard encroachment to 19 feet. The increased variance required that the request be re-advertised. Consequently, the request was postponed to the August 15, 2018 Regular Meeting to facilitate proper notice. Further review since then has shown that, although the motion language has always referred to a staff report dated May 18, 2017, the initial staff report referred to by the motion and published for the record was actually dated June 14, 2017. A new, amended motion provided below seeks to incorporate the changes stemming from the applicant’s provision of an as-built survey and rectifying the date of the staff report and proper condition of approval and appropriate findings of fact. CONCLUSION Staff has determined that this request meets all of the conditions necessary, as reflected in the findings of fact, for a variance to be granted under KIBC 17.195.050 (Variance). Due to a new staff report date with minor changes, staff recommends the amended motion on the floor be CASE: amended again slightly to correspond with the most current staff report. 17-027 (Postponed at the June 27, 2018 Regular Meeting) Page 4 of 267 AP... Case No. 17-027 PUBLIC HEARING ITEM 7-A AGENDA ITEM #5.a. P&Z REGULAR MEETING: AUGUST 15, 2018 RECOMMENDATION Staff recommends that this site plan be approved, subject to one (1) condition of approval. CURRENT MOTION The current motion on the floor is: Move to approve a variance to allow an existing single-family residence to encroach 19 feet into the required front yard setback on Lot 9, Block 2, Port Lions Subdivision (KIBC 17.195 and KIBC 17.75.050) subject to the condition outlined in the staff report, and to adopt the findings of fact listed in the staff report dated May 18, 2017 and entered into the record as “Findings of Fact” for Case No.17-027. MOTION TO AMEND Should the Commission agree with staff recommendations, the appropriate motion to amend is: Move to amend by striking “dated May 18, 2017” and inserting “dated August 1, 2018”. Staff recommends that this motion to amend be approved. Should it be approved, the following amended motion will be on the floor: Move to approve a variance to allow an existing single-family residence to encroach 19 feet into the required front yard setback on Lot 9, Block 2, Port Lions Subdivision (KIBC 17.195 and KIBC 17.75.050) subject to the condition outlined in the staff report, and to adopt the findings of fact listed in the staff report dated August 1, 2018 and entered into the record as “Findings of Fact” for Case No.17-027. Staff recommends that this main motion, as amended, be approved. CONDITION OF APPROVAL 1. The property owner shall apply for after-the-fact zoning compliance for his single family residence and any accessory buildings. FINDINGS OF FACT 1. There are physical circumstances or conditions that are unique to this parcel. 2. Strict application of the zoning ordinance would result in practical difficulties including moving or demolishing part of a single-family residence. 3. Granting a variance would not adversely affect surrounding properties. 4. The variance is consistent with land use and housing goals and implementation actions identified in the Comprehensive Plan. 5. The applicant is not seeking relief from a self-imposed condition. 6. Granting the requested variance would not result in a prohibited land use in the R1-Single- family Residential District. CASE: 17-027 (Postponed at the June 27, 2018 Regular Meeting) Page 5 of 267 AP... Case No. 17-027 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING: AUGUST 15, 2018 AGENDA ITEM #5.a. CASE: 17-027 (Postponed at the June 27, 2018 Regular Meeting) Page 6 of 267 AP... Case No. 17-027 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING: AUGUST 15, 2018 AGENDA ITEM #5.a. CASE: 17-027 (Postponed at the June 27, 2018 Regular Meeting) Page 7 of 267 AP... Case No. 17-027 PUBLIC HEARING ITEM 7-A PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING: AUGUST 15, 2018 P&Z REGULAR MEETINGAGENDA JUNE 27, ITEM 208 #5.a. KIB Image Overlay Map I Image Overlay Case No.
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