Session 10-12, a Regular Meeting of the Homer Advisory Planning Commission was called to order by   Chair Minsch at 7:00 p.m. on July 21, 2010 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

PRESENT:      COMMISSIONERS BOS, HIGHLAND, MINSCH, SINN

 

ABSENT:        COMMISSIONERS KRANICH, DRUHOT

 

STAFF:                   CITY PLANNER ABBOUD

                   PLANNING CLERK ROSENCRANS     

 

APPROVAL OF 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

 

No items were scheduled 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.   

 

A.       Approval of the June 16 and 24, 2010 regular meeting minutes

B.       Time Extension Requests                                          

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

D.       KPB Coastal Management Program Reports

 

The consent agenda was approved by consensus of the Commission.

 

PRESENTATIONS

 

There were no presentations scheduled.

 

REPORTS

 

A.           Staff Report PL 10-61, City Planner’s Report

 

City Planner Abboud reviewed his report.

 

 

 

 

 

PUBLIC HEARINGS

Testimony limited to 3 minutes per speaker. 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.  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.       Staff Report PL 10-64, CUP 10-06, 1033 Skyline Drive/Becker

 

City Planner Abboud reviewed the staff report; stated staff is recommending approval of the request for a conditional use permit.  The public hearing was opened.

 

Dave Becker, owner of property at 1033 Skyline Drive, explained to the planning commission that before being annexed in 2003, they were outside of city limits.  The property and buildings were not out of compliance.  After discussion with the police chief, it was agreed that a repeater was needed to provide better reception for officers and improve public safety.  There was an urgency to get the repeater operating due to the high volume of activity the police department was expecting over the 4th of July weekend.  It was not explained to him initially which permits were necessary to proceed, so he is now applying for a conditional use permit to be in compliance with current city code. 

 

Bill Glynn, neighboring property owner, stated he had no objection to Mr. Becker developing his property as he wished as long as same rules apply for everyone.  He stated he has adhered to city code in terms of setback requirements, driveway and encroachment requirements.  He said in doing so, he had to move a tower, thus losing customers.  Mr. Glynn also expressed the same rules should apply to parking as people have parked in his space when there isn’t enough room across the street. 

 

Mr. Becker replied Chief Robl would like to see minimal parking, to avoid liability and the attraction for some to park, climb towers, etc.  He responded that no one he knows is parking in Mr. Glynn’s space anymore; it was temporary, and only when his contractor was working on site.

 

With only four commissioners present there was a lack of a quorum, the public hearing was closed.   

Discussion followed.

 

SINN/BOS-MOVED TO CONTINUE DELIBERATIONS ON STAFF REPORT PL 10-64, CUP 10-04 WHEN THERE ARE FIVE COMMISSIONERS PRESENT.

 

Motion carried.

 

B.       Staff Report PL 10-65, Variance at 1033 Skyline Drive/Becker                     

                                                                  

City Planner Abboud reviewed the staff report; stated staff is recommending approval of the request for a variance.  The public hearing was opened.

 

Dave Becker, owner of property at 1033 Skyline Drive, explained the property was surveyed and the plat was done in 1954, so there were no set back requirements at the time.  When the property was annexed in 2003, it was recognized the building in question was not in compliance.  To move the building would put it in a dangerous spot and access would be difficult.

 

 

 

Bill Glynn mentioned that his property is steep as well, and he had to use many yards of fill on his property in order to comply, and access it. 

 

Public hearing closed.

 

Commissioner Bos asked Mr. Becker if he would consider this to be the last building opportunity on the lot, and where he would choose to put another structure.  Mr. Becker stated he would consider other development on the property, and if he were aware of the rules up front he would have considered moving the building further down the slope.  The site was chosen because it was the best place for the tower. 

 

City Manager Wrede addressed the issue and concurred this was the best place for the repeater, timing was important due to the necessity to increase public safety.  He clarified that when he gave Mr. Becker the go ahead, he was clear that the developer is responsible for obtaining all necessary permits.  The miscommunication was that the permits weren’t specified up front.

Public hearing closed.

 

SINN/BOS-MOVED TO CONTINUE DELIBERATIONS ON STAFF REPORT PL 10-6, Variance 10-01, WHEN THERE ARE FIVE COMMISSIONERS PRESENT.

 

Motion carried.

 

PLAT CONSIDERATION

 

 A.      Staff Report PL 10-60, Stream Hill Park Unit 2, Resubdivision of Lots 35 & 45 Preliminary Plat

 

City Planner Abboud reviewed the staff report; stated staff is recommending approval of the plat. 

 

SINN/BOS-MOVE TO APPROVE STAFF REPORT PL10-60 WITH STAFF RECOMMENDATIONS.

 

Motion carried.

 

                  

PENDING BUSINESS

 

A.       Staff Report PL 10-57, Draft Steep Slope Ordinance

 

The commission continued their discussion from the work session. 

 

Consensus of 50% slope, discussion of 40% versus 50, and what is the right number, 32-40. 

 

HIGHLAND/SINN-MOVE TO FORWARD STAFF REPORT PL 10-57 FORWARD TO PUBLIC HEARING.

 

Discussion followed regarding percentage of slope.

 

HIGHLAND/SINN-MOVE TO AMEND STAFF REPORT PL 10-57 TO CHANGE SLOPE TO NO MORE THAN 45%.

 

Motion carried.

 

B.       Staff Report PL 10-58, Draft Spit Comprehensive Plan                            

 

HIGHLAND/BOS–MOVED TO CONTINUE DISCUSSION OF STAFF REPORT SR PL 10-58 AT THE NEXT WORK SESSION.

 

Motion carried.

 

C.       Staff Report PL 10-59, Draft Rezone Ordinance

 

The commission continued their discussion from the work session. 

 

NEW BUSINESS

 

 

INFORMATIONAL MATERIALS

 

A.   City Manager’s Report dated June 28, 2010

 

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 comments from staff.

 

 

COMMENTS OF THE COMMISSION

 

There were no comments from the commission.

 

ADJOURN

There being no further business to come before the Commission, the meeting adjourned at 9:04 p.m. The next regular meeting is scheduled for August 4, 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.

 

                                                                  

Shelly Rosencrans, Planning Clerk

 

Approved: