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 HCC 1.76.030 g.

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 will accept testimony or a presentation on agenda items that involve an applicant (such as acceptance of a non conformity).

 

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 will appear on the agenda following “adjournment”.

 

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, CMC, DEPUTY CITY CLERK

 

Approved: