Session 09-10, a Regular
Meeting of the Homer Advisory Planning Commission was called to order by Chair
Minsch at 7:00 p.m. on June 3, 2009 at the City Hall Cowles Council Chambers
located at 491 E. Pioneer Avenue, Homer, Alaska.
PRESENT: COMMISSIONER BOS, HAINA, KRANICH, MINSCH, MOORE, SINN
STAFF: CITY PLANNER ABBOUD
PLANNING TECHNICIAN
ENGEBRETSEN
CITY MANAGER WREDE
DEPUTY CITY CLERK JACOBSEN
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 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 May 20, 2009
2. Time Extension Requests
3. Approval of City of Homer Projects under
4. KPB Coastal Management Program Reports
The
minutes were moved to new business.
The
amended Consent Agenda was approved 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. Kachemak Bay Advisory Planning Commission
Report
There
was no KBAPC report.
C. Planning Director’s Report
1. Staff
Report PL09-54, City Planner’s Report
City
Planner Abboud reviewed the staff report.
There
was discussion regarding the remand of the Ordinance 09-19 rezoning lots in UR
to RO. City Manager Wrede said he included in his report to Council that there
needs to be more specific direction to the Planning Commission regarding their
intent in the remand. He will ask for more guidance.
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.
A.
Staff
Report PL 09-44, An Appeal of a Rooming House Determination for Refuge Chapel
at 397 E. Pioneer Avenue, Lot 4&5, Block 6, and Lot 5 Block 7 of the
Glacier View Subdivision No. 2. Tax ID 177-20-203, 177-20-307, and177-10-504.
Commissioner
Moore stated that he does business with Darren Williams.
KRANICH/BOS
MOVED THAT COMMISSIONER MOORE HAS A CONFLICT OF INTEREST.
Chair
Minsch questioned if Commissioner Moore felt he could make a fair and impartial
decision on the merits of the appeal. Commissioner Moore responded that he
could. He explained that Mr. Williams is a customer of one of his businesses,
the dollar amount falls below the amount in City Code. Mr. Williams has been a
customer of his for a number of years. He grew up with the family in Homer.
There
was no further discussion.
VOTE:
NO: BOS, MISNCH, HAINA, KRANICH, SINN
Motion
failed.
Chair
Minsch stated that this is an appeal by Frank Griswold of the April 9th
determination by the City Planner Rick Abboud on the remand of CUP 07-03. The
City Planner determined the Refuge Room is a rooming house, which is a
permitted use in the CBD zoning and that as a result, CUP 07-03 is moot. The
Commission will only be addressing that issue tonight. We will begin with oral
arguments.
Chair
Minsch noted for the record that Frank Griswold was not in attendance.
City
Planner Abboud commented that his material is included in the packet. He has a
response to the nine points of appeal. He commented that the Commission should
decide on the issues of fact, whether the definition of rooming house describes
the Refuge Room. The letter goes through the process of how he arrived at his
decision. There is a memorandum from City Attorney Klinkner that gives him advice
on this too. The Commission has to decide if the Refuge Room is a rooming house
or not; and does the Refuge Room consist of not more than five guest rooms that
are used, rented, or hired out to be occupied for sleeping purposes by
guests. He reviewed that a rooming house
means a dwelling containing not more than five guest rooms that are used,
rented, or hired out to be occupied for sleeping purposes by guests. A rooming
house shall not accommodate in excess of 15 guests. A rooming house shall also
include any structures associated with the dwelling, such as guest cabins,
provided that a conditional use permit was obtained for any associated
structures, if a permit is required in order to have more than one building
containing a permitted principal use on the lot. Rooming house does not include
bed and breakfast. In code, 21.03.040 defines dwelling as any building or
portion thereof designed or arranged for residential occupancy by not more than
one family and includes facilities for sleeping, cooking and sanitation. Mr.
Abboud said in his interview with Mr. Williams, it was confirmed that this does
include facility for sleeping, cooking, and sanitation. Is the refuge room
designed or arranged for residential occupancy by not more than one family?
This requirement goes in to more general definition of the word family being
part of a dwelling. It includes a group not to exceed six unrelated persons
living together as a single housekeeping unit in a dwelling unit. His advice
from the attorney says it is specific going to general. Being allowed for 15
guests would trump the general definition of family. Do the residents of the
Refuge Room live together as a single house keeping unit? Yes, they are
together in one specific area. Does the Refuge Room house no more than six
residents? If it houses more than six then the Commission must define the law
that he stated before, does permission for up to 15 guests in the definition of
a rooming house prevail over the limitation to six persons in the definition of
family.
City
Planner Abboud said it comes down to this definition fitting the activities
happening on the site. There is a long history of this. It has been reviewed,
some of the definitions have changed since then, conditions at the structure
have changed and he believes this is the most accurate definition that we have
to work with for all the reasons stated in his letter and the memos to the
Commission. They even have specific guidance in the definition of dormitory. If
it doesn’t meet the definition of shelter or dormitory, it must be something
else. Dormitory means a building or portion of a building that provides one or
more rooms used for residential living purposes by a number of individuals that
are rented or hired out for more than nominal consideration on a greater than
weekly or pre-arranged basis. A building or structure that provides such rooms
on less than a weekly basis shall be classified as hotel, motel, rooming house,
or more suitable classification. Since a dormitory excludes hotel, motel, shelter
for the homeless, and bed and breakfast, in this instance he doesn’t think
there is anything more suitable than rooming house. He feels it is a logical determination, based
in law, and affirmed by our attorney.
Chair
Minsch opened the floor for public comment. There were no public comments.
Chair Minsch stated that oral arguments are concluded in this matter.
KRANICH/BOS
MOVED WE POSTPONE DELIBERATION ON THIS MATTER UNTIL AFTER THE FINAL ITEM OF NEW
BUSINESS TONIGHT.
Chair
Minsch stated that it is the intention that they begin deliberation at the end
of tonight’s meeting.
There
was no further discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
Chair
Minsch stated they have postponed deliberations and a written decision will be
prepared and issued to the parties after the deliberations are completed.
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 will accept testimony or a
presentation on agenda items that involve an applicant.
There
were no plats scheduled for consideration.
PENDING BUSINESS
A.
Staff
Report PL 09-48, CUP 09-03 at 173 W. Pioneer Ave, request for more than one
building containing a permitted principle use on a lot, to allow a detached
single family home to be constructed behind Northwind Homer Collections
Commissioner
Moore stated he does business with the applicant.
KRANICH/BOS
MOVED THAT COMMISSIONER MOORE HAS A CONFLICT OF INTEREST.
Commissioner
Moore stated that one of his companies provides services for the applicant at
that location. The dollar amount falls under the limit set in City Code. When
questioned he stated that he could make a fair and impartial decision regarding
this matter.
There
was no discussion.
VOTE:
NO: MINSCH, SINN, KRANICH, BOS, HAINA
Motion
failed.
It
was noted that the public hearing has already been held and there is an
additional staff report regarding the comment that was recorded at the last
meeting and a revised condition two.
KRANICH/BOS
MOVED TO ADOPT STAFF REPORT PL 09-48 WITH TERMS, CONDTIONS, AND RECOMMEDNATIONS
STATED THEREIN.
There
was comment that this would allow full utilization of the property and both
buildings are permitted uses.
KRANICH/BOS
MOVED TO AMEND TO ADOPT THE REVISED CONDITION NUMBER TWO IN STAFF REPORT PL
09-55 TO REPLACE STAFF RECOMMENDATION NUMBER TWO IN STAFF REPORT PL 09-48.
There
was no discussion.
VOTE
(Primary Amendment): NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
There
was no further discussion.
VOTE
(Main motion as amended): YES: MINSCH, HAINA, KRANICH, SINN, BOS, MOORE
Motion
carried.
There
was brief discussion of the appeal process and the applicant was advised to
contact staff with questions.
B.
Staff
Report PL 09-49, CUP 09-04 at 353 Grubstake, Request for a reduction in the
setback from a dedicated right-of-way to construct a deck ten feet into the
twenty foot setback
It
was noted that the public hearing has already been held.
KRANICH/BOS
MOVED TO ADOPT STAFF REPORT PL 09-49 CONDITIONAL USE PERMIT 09-04 WITH STAFF
RECOMMENDATIONS AND COMMENTS.
There
was brief discussion that this is acceptable as the deck is not being built in
a right-of-way. Borough Platting Officer Mary Toll had been queried whether it
was necessary as a 10 foot setback is shown on the plat, but a direct answer
was not obtained. No issue was raised due to line of site.
Chair
Minsch recognized that she needed to confirm the Commissioners Bos and Haina
had reviewed the record prior to participating in this action and the previous
CUP. Commissioner Bos stated that he listened to the recording and Commissioner
Haina said he had read the minutes.
VOTE:
YES: KRANICH, BOS, HAINA, MOORE, SINN, MINSCH
Motion
carried.
C.
Staff
Report PL 09-53, Draft Comprehensive Plan: New Energy Chapter
SINN/BOS
MOVED TO STAFF REPORT PL 09-53 WITH THE RECOMMENDATIONS MADE IN THE WORKSESSION
AND MOVED TO PUBLIC HEARING.
Comment
was made that staff did a great job tying this in with the rest of the plan.
The few changes the Commission requested lend itself to the direction the City
is trying to go and they are pleased with it.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
D.
Staff
Report PL 09-50, JG Evans Tracts Subdivision Preliminary Plat
Commissioner
Moore stated that one of his
companies has done business with the applicant in the past.
KRANICH/BOS
MOVED THAT COMMISSIONER MOORE HAS A CONFLICT OF INTEREST.
Commissioner
Moore commented that he is unsure if he is doing business with them currently.
The dollar amount falls under city code.
Chair
Minsch asked if he could make a fair and impartial decision. Commissioner Moore
answered that he could.
VOTE:
NO: MINSCH, HAINA, KRANICH, SINN, BOS
Motion
failed.
City
Planner Abboud reviewed staff report.
A
correction was note in the staff report to change minimum lot size from 40
square feet to 40,000 square feet. Staff will make that change.
Question
was raised regarding the Public Works comment on the section line easement not
being a recommendation. Planning Technician Engebretsen commented there is a
public access and the section line there. The staff report was written that way
so if the Borough does decide to require the dedication, the plat doesn’t need
to come back and go through Public Works again. It isn’t a recommendation for
it to become a right-of-way at this time.
There
were no applicant or public comments.
BOS/SINN
MOVED THAT WE ADOPT STAFF REPORT PL 09-50 WITH STAFF RECOMMENDATIONS.
There
were comments in favor of the action.
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
A.
May
20, 2009 Regular Meeting Minutes
The
meeting minutes were discussed and amended.
KRANICH/BOS
MOVED TO ADOPT THE MINUTES AS AMENDED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
There
was discussion clarifying that deliberations would take place after the end of
the meeting.
INFORMATIONAL
MATERIALS
A.
A
Resolution of the City Council of Homer, Alaska Repealing Resolution 09-08(A)
COMMENTS OF THE
AUDIENCE
Members of the Audience may address
the Commission on any subject.
There
were no audience comments.
COMMENTS OF THE
COMMISSION
Commissioner
Haina commented that it is good to be back.
Commission
Sinn commented regarding the Resolution 09-49 where it says the Planning
Commission subsequently determined they will have adequate time to meet the
needs of the planning process. He questioned if he missed that one, because he
doesn’t remember that conversation.
Commissioner
Moore commented regarding the wind energy. He might disagree with staff’s
determination that the wind generators are not a structure. He brought up that
in Arizona they came back that a tower or windmill on a not is a structure. He
doesn’t know why they need to do an ordinance, he thinks it is an accessory
structure and you do need a permit for it.
Commissioner
Kranich commented that if they are going to be a structure then the definition
of structures as are used in our current code need to be amended a little bit
to include some of the parameters of these types of structures.
Commissioner
Bos thanked Planning Technician Engebretsen and Deputy City Clerk Jacobsen for
their support in this whole program. He congratulated Commissioner Haina on his
reappointment.
Chair
Minsch thanked the Commission for their work and they are doing a great job.
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 w
There
being no further business to come before the Commission, the meeting adjourned
at 8:05 p.m. The next Regular Meeting is scheduled for June 17, 2009 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,
Approved: