Session 09-03, a Regular Meeting of the Homer
Advisory Planning Commission was called to order by Vice Chair Storm at
PRESENT: COMMISSIONER
BOS, HAINA, KRANICH, SINN, STORM
ABSENT: COMMISSIONER
MINSCH, MOORE
STAFF:
DEPUTY
AGENDA
APPROVAL
The agenda was approved by consensus of the
Commission.
PUBLIC
COMMENT
The Public may speak to the Planning Commission
regarding matters not scheduled for public hearing. (3 minute time limit)
Presentations approved by the Planning Director, the Chair or the Planning
Commission. A Public Works representative may address the Planning Commission.
There were no public comments.
RECONSIDERATION
There were no items for
reconsideration.
ADOPTION OF THE 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 w
1.
Approval of Minutes of
2. Time Extension Requests
3. Approval of City of
4. KPB Coastal Management Program Reports
It was noted that the adjournment time should be
added to the January 21 minutes.
The Consent Agenda was adopted by consensus of the
Commission.
PRESENTATIONS
Presentations approved by the Planning Director,
the Chair, or the Planning Commission. A Public Works representative may
address the Planning Commission.
There were no presentations.
REPORTS
A. Borough
Report
There was no Borough Report.
B.
There was no KBAPC report.
C. Planning
Director’s Report
City Planner Abboud reviewed the staff report.
PUBLIC
HEARINGS
The Commission conducts Public Hearings by hearing
a staff report, hearing public testimony and the 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.
City Planner Abboud reviewed the staff report.
There were no applicant comments.
The public hearing was
opened.
There were no public comments.
The public hearing was closed.
KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL09-14
UPHOLDING STAFF’S DECISION TO ENFORCE THE NEED FOR A ZONING PERMIT PRIOR TO
CONSTRUCTION
Commissioner Sinn asked the City Planner if it was
spelled out clearly in the certified letter what the violation was for, it was
for not having a storm water plan submitted, it had nothing to do with the
installation, and that was clear in the certified letter.
City Planner Abboud responded yes, he had to have a
permit on site.
Commissioner Sinn said that was his only question
and thanked the City Planner.
Commissioner Kranich commented that the second
sentence in the second paragraph of the staff report, which is borne out in
code says that a storm water plan is required for projects in commercial
districts that have an impervious coverage of 60 percent or greater of the lot
area and so since gravel parking lots and/or roads are considered impervious
according to Homer Code, and that has been in place for twenty some odd years,
would seem pretty clear, that especially with the time line that has been laid
out by staff, the discussions that were held with the appellant and his
communications with some of his contractors, i.e. Seabright
Surveying/Engineering that it was pointed out numerous times that the storm
water plan was required prior to getting the zoning permit and so Commissioner
Kranich doesn’t know how it could have been made more clear to them that they
needed to have that plan irregardless of whether they installed anything. The
plan had to be approved before they get a permit to build.
VOTE: YES: BOS, STORM, HAINA, KRANICH, SINN
Motion carried.
PLAT
CONSIDERATION
The Commission hears a staff report, testimony from
applicants and the public, The Commission may ask questions of staff,
applicants and the public, The Commission w
City Planner Abboud reviewed the staff report. Mr.
Abboud suggested the Commission delete staff recommendation 2 as it is out of
the Commissions pervue.
Don Mullikin, project surveyor, commented that
there is a dilapidated shed near the new property line that could be removed.
Mr. Mullikin clarified that he believes the 200 foot well on the property was
done in 1993 and a replacement tank has been added to the septic system. He
requested that only the first sentence of staff recommendation 1 be placed on
the plat. He doesn’t feel the rest of the recommendation is appropriate as
there have been recent court cases where it has been shown that the Corps of
Engineers may not have jurisdiction on unconnected wetlands. He agrees it is
wise to notify people that there may be wetlands, but nothing further.
KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL09-13 APPROVING
THE CABANA SUBDIVISION PRELIMINARY PLAT
There was brief discussion.
VOTE: YES: STORM, HAINA, KRANICH, SINN, BOS
Motion carried.
PENDING
BUSINESS
KRANICH/BOS MOVED TO SUSPEND THE RULES TO ALLOW FOR
COMMENTS OF THE AUDIENCE.
Commissioner Kranich wanted to provide an
opportunity for audience comments before they started discussion on the next
agenda items.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
Guy Rosi commented regarding CUP 07-09 for the
storage buildings out
City Planner Abboud commented that there may need
to be some follow up on the CUP. Regarding the snow removal there may be some
civil recourse the neighboring property owners can follow up on. The Commission
encouraged Mr. Rosi to continue discussion with staff regarding the issues with
the CUP.
The Commission continued their worksession
discussion regarding the land use map.
KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL09-17
INCLUDING CHANGES A THROUGH C.
It was noted that they have had considerable discussion
regarding chapter 4 and everyone seems comfortable with it.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
KRANICH/SINN MOVED THAT STAFF ARRANGE A SCHEDULE
FOR PUBLIC HEARING FOR CHAPTER 4 OF THE COMP PLAN.
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
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, applicants, and the public. Any items brought before the
Commission for discussion are on the floor for discussion following
introduction of the item. The Commission w
City Planner Abboud
reviewed the staff report.
There was brief discussion regarding the amendments
and no additional changes were recommended.
KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL09-08
There was no discussion.
VOTE: NON OBJECTION:
UNANIMOUS CONSENT.
Motion carried.
City Planner Abboud reviewed the staff report and
gave some input regarding available lease space. There was some discussion
regarding Kevin Hogan who leases parcel 12C and has requested a replat for a
sliver behind the fish grinder on lot 12B to accommodate materials he has stored
there. Comment was made that allowing the replat would set precedence and it
shouldn’t be done. There was brief discussion regarding land use on the
available property on the spit.
The Commission had no formal recommendation.
It was suggested that Chair Minsch and Commissioner
Moore attend the worksession on February 23rd. Commissioner Kranich
said he would be willing to sit in on it.
INFORMATIONAL MATERIALS
A. Memorandum dated
B. Resolution 09-15, A Resolution of the City of
COMMENTS OF THE AUDIENCE
Members of the Audience may
address the Commission on any subject.
Guy Rosi addressed the Commission before Pending
business. There were no further audience comments.
COMMENTS OF THE COMMISSION
Commissioners may comments
on any subject, including requests to staff and requests for excused absence.
Commissioner Bos commented that it was a strange
meeting as there were a lot of people in the audience but they didn’t say much.
It was kind of a fun meeting, but he noted that he is a little tired of looking
at things repeatedly. He is still having fun though.
Commissioner Kranich commented that he is glad to
have chapter 4 behind them and thinks it is important that they went through it
several times. It was a good meeting.
Commissioner Sinn had no comment.
Commissioner Haina agreed with Commissioner Bos.
There is a fine line between too little and too much. It is important to learn
the history though so that is good.
Vice Chair Storm thanked staff for their patience
and the Commission for a good meeting.
ADJOURN
Meetings adjourn promptly at
There being no further business to come before the
Commission, the meeting adjourned at
MELISSA JACOBSEN,
Approved: