Session 10-02, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Chair Minsch at 7:05 p.m. on February 3, 2010 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

PRESENT:      COMMISSIONER BOS, DRUHOT, KRANICH, MINSCH, SINN

 

ABSENT:        COMMISSIONER WALKER

 

STAFF:                   CITY PLANNER ABBOUD 

                   DEPUTY CITY CLERK JACOBSEN

 

APPROVAL OF AGENDA

 

City Planner Abboud noted that the applicant requested the Quiet Creek preliminary plat be removed from the agenda.

 

The agenda was approved by consensus of the Commission.

 

PUBLIC COMMENT

The public may speak to the Planning Commission regarding matters on the agenda that are not scheduled for public hearing or plat consideration.  (3 minute time limit).

 

There were no public comments.

 

RECONSIDERATION

 

There were no items for reconsideration.

 

ADOPTION OF CONSENT AGENDA

All items on the consent agenda are considered routine and non-controversial by the Planning Commission and are approved in one motion.   There will be no separate discussion of these items unless requested by a Planning Commissioner or someone from the public, in which case the item will be moved to the regular agenda and considered in normal sequence.   

 

1.       Approval of Minutes of January 6, 2010

2.       Time Extension Requests

3.       Approval of City of Homer Projects under HCC 1.76.030 g.

4.       KPB Coastal Management Program Reports

 

PRESENTATIONS

Presentations approved by the City Planner, the Chair, or the Planning Commission.

 

There were no presentations scheduled.

 

REPORTS

 

A.       City Planner’s Report

 

City Planner Abboud reviewed his staff report.

 

 

 

PUBLIC HEARINGS

The Commission conducts Public Hearings by hearing a staff report, presentation by the applicant, hearing public testimony and then acting on the Public Hearing items.   (3 minute time limit)  The Commission may question the public.  Once the public hearing is closed the Commission cannot hear additional comments on the topic.  The applicant is not held to the 3 minute time limit.

 

A.       Conditional Use Permit (CUP) 10-01, Amending CUP 86-02, 3815 Homer Spit Road, #A, Homer Enterprises, LLC/The Sport Shed

 

City Planner Abboud reviewed the staff report.

 

Jeanne See and Tabor Ashment owners of the Sport Shed commented to the Commission. They explained that the amendment clarifies the way they are using the property and this came about in their lease renewal. Currently they rent the rooms out in the summer season. They said they were in attendance to answer questions from the Commission.

 

Chair Minsch opened the public hearing. There were no public comments and the hearing was closed.

 

There was brief discussion that the use doesn’t meet the definition of hotel/motel. City Planner Abboud responded that it is something that may need to be addressed in the future but the lessees have a legal document saying the use is hotel/motel so they will let it stand.

 

KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL 10-01 AMENDING CONDITIONAL USE PERMIT 86-02, INCLUDING FINDINGS.

 

There was brief discussion.

 

VOTE: YES: MINSCH, DRUHOT, KRANICH, SINN, BOS

 

Motion carried.

 

B.       Staff Report PL 10-08, CUP 10-02, 4048 Bartlett Street/Homer Senior Citizens, Inc., a Request for More than one Building Containing a Principle Permitted Use on a Lot

 

City Planner Abboud reviewed the staff report.

 

Fred Lau and Pat Cash from Homer Senior Citizens, Inc. were in attendance to answer questions. Mr. Lau said he understands that they have to have Fire Marshall Approval when the get their permit, and that the project will meet the required setbacks for Swatzell Street.

 

Chair Minsch opened the public hearing. There were no public comments and the hearing was closed.

 

KRANICH/BOS MOVED TO ADOPT STAFF REPORT 10-08 APPROVING CONDITIONAL USE PERMIT 10-02 WITH FINDINGS AND CONDITIONS.

 

The Commissioners commended staff for the informative staff report. Comments were made that this is a good service for the community and it achieves the goal of infill.

 

VOTE: YES: DRUHOT, MINSCH, KRANICH, SINN, BOS

 

Motion carried.

 

PLAT CONSIDERATION

The Commission hears a report from staff, presentation from the applicant and testimony from the public.  The Commission may ask questions of staff, applicants and the public.

 

A.       Staff Report PL 10-09, Barnett Subdivision Quite Creek Addition No. 2 Preliminary Plat

 

This item was pulled at the request of the applicant.

 

B.       Staff Report PL 10-12, Fairview Subdivision No. 16 2010 Replat Preliminary Plat

 

City Planner Abboud noticed pages missing from the staff report and asked for a break to get those pages. Chair Minsch called for a recess at 7:45. The meeting resumed at 7:59.

 

City Planner Abboud reviewed the staff report.

 

There was discussion about the carport and shop building on the lot and it raised a conversation about what would prompt a survey. The most likely scenarios are when dealing with a lender or work in an easement. It was expressed that it would be very beneficial to have an asbuilt survey on file with applications.

 

There was discussion confirming that there is legal access to the property off the right-of-way.

 

There were no applicant or public comments.

 

KRANICH/BOS MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT IN STAFF REPORT 10-12 INCLUDING STAFF RECOMMENDATIONS.

 

There was further discussion clarifying the legal access to the property.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

PENDING BUSINESS

 

A.       Staff Report PL 10-08, Draft Spit Comprehensive Plan

 

Chair Minsch noted for the record that they discussed scheduling a joint worksession with the Port and Harbor Commission on March 3.

 

There was consensus of the Commission to postpone discussion until after that worksession.

 

B.       Staff Report PL 10-05, Draft Ordinance 10-xx, Amending HCC 21.75, Storm Water Plans

 

There was consensus of the Commission to postpone discussion to the next worksession that staff can schedule it.

 

NEW BUSINESS

The Commission hears a report from staff.  Commission business includes resolutions, ordinances, zoning issues, requests for reconsideration and other issues as needed.   The Commission may ask questions of staff and the applicants. Any items brought before the commission for discussion are on the floor for discussion following introduction of the item.  The Commission will accept presentation on agenda items that involve an applicant (such as acceptance of a nonconformity.)  A member of the public wishing to comment on regular business items that do not require a public hearing or public notice may do so under Public Comment.

 

A.       Staff Report PL 10-12, BOA Decision on Refuge Room

 

Chair Minsch stated that it is her understanding that the City Manger and staff are asking some further questions of the City Attorney. She asked for a motion to postpone.

 

KRANICH/BOS MOVED TO POSTPONE ACTION ON STAFF REPORT 10-12 BOA DECISION ON REFUGE ROOM UNTIL BROUGHT BACK BY STAFF.

 

Chair Minsch clarified that there are some questions they need answers to before proceeding.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

B.       Staff Report PL 10-13, Planning Commission Vacancies

 

KRANICH/BOS MOVED THAT THE PLANNING COMMISSION DECLARE A VACANCY DUE TO ABSENCES AS OUTLINED IN STAFF REPORT PL 10-13.

 

The Commission briefly discussed their bylaws and procedures.

 

VOTE: YES: MINSCH, KRANICH, SINN, BOS, DRUHOT

 

Motion carried.

 

INFORMATIONAL MATERIALS

Items listed under this agenda item can be HCC meeting minutes, copies of zoning violation letters, reports and information from other government units. 

 

A.       City Manager’s Report Dated January 26, 2010 with attachments.

 

B.       Letter from FEMA to Mayor Hornaday regarding National Flood Insurance Program Community Assistance Visit dated January 8, 2010

 

C.       Memorandum 10-xx to Mayor Hornaday and City Council from Rick Abboud, City Planner and Dotti Harness-Foster, regarding Junk Car removal

 

COMMENTS OF THE AUDIENCE

Members of the audience may address the Commission on any subject.  (3 minute time limit)  

 

There were no audience comments.

 

 

COMMENTS OF STAFF

 

There were no staff comments.

 

COMMENTS OF THE COMMISSION

Commissioners may comment on any subject, including requests to staff and requests for excused absence. 

 

Commissioners Druhot and Sinn had no comments.

 

Commissioner Kranich commended staff on the staff reports for the CUP’s in tonight’s packet.

 

Commissioner Bos commented that the staff reports are getting noticeably better, the information seems clear. He welcomed Chair Minsch back. It was a good meeting tonight.

 

Chair Minsch commended the Commission on their work tonight and in her absence. She opened the door to the possibilities that not only are the reports improving, but the qualifications of the Commissioners and their interpretation of the reports are also improving.

 

ADJOURN

Meetings adjourn promptly at 10 p.m. An extension is allowed by a vote of the Commission. Notice of the next regular or special meeting or work session will appear on the agenda following “adjournment”.

 

There being no further business to come before the Commission, the meeting adjourned at 8:24 p.m. The next Regular Meeting is scheduled for February 17, 2010 at 7:00 p.m. in the City Hall Cowles Council Chambers. There is a worksession at 5:30 p.m. prior to the meeting.

 

 

                                                         

MELISSA JACOBSEN, CMC, DEPUTY CITY CLERK

 

Approved: