Session 09-05, a Regular Meeting of the Homer
Advisory Planning Commission was called to order by Chair Minsch at
PRESENT: COMMISSIONER
BOS, HAINA, KRANICH, MINSCH, MOORE, SINN
ABSENT: COMMISSIONER
STORM
STAFF:
PLANNING
TECHNICIAN ENGEBRETSEN
DEPUTY
AGENDA
APPROVAL
Agenda
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
The 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.
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.
Kyra Wagner,
Bette Seamen,
Chair Minsch opened the public hearing. There were
no public comments and Chair Minsch closed the public hearing.
KRANICH/MOORE MOVED TO BRING STAFF REPORT 09-22 PUBLIC
SIGN REQUEST FOR AN EXTERIOR SIGN AT THE HOMER PUBLIC LIBRARY TO THE FLOOR FOR
DISCUSSION
There was discussion regarding the lighting of the
sign. Comment was made that it would be better for the light to be shining down
rather than shining out in an effort to capture the stray lighting. Point was
raised that lighting placed down in the foliage would be more pleasing than a
light over the top of the sign. There was assurance that the most appropriate
lighting would be used.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
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
Planning Technician Engebretsen reviewed the staff
report and the laydown presented by Roger Imhoff requesting a exception to the
setback on lot 7A3.
Roger Imhoff, project surveyor and applicant’s
representative, clarified that code says the lot has to be 60 feet wide at the
setback. They are trying to situate it
so the houses will have better viewscapes. By moving the lower house on 7A3
toward the street about 22 feet, it will give the house on 7A2 better sight on
the lot. It helps the overall site configuration quite a bit.
There was brief discussion about the setbacks.
Question was raised regarding utility easements
that were included on a plat that was before the Commission previously and
Planning Technician Engebretsen clarified that utility easements aren’t
required on the interior lot lines.
Mr. Imhoff added that it is in the City’s pervue to
regulate setbacks and it is something that the Borough has always respected. He
thinks it is a good thing in this case because it benefits the neighborhood.
KRANICH/BOS MOVED TO ADOPT THE ADOPT STAFF REPORT PL
09-21 FOREST GLEN SUBDIVISION KALIE’S ADDITION PRELIMINARY PLAT WITH STAFF
RECOMMENDATIONS
Comment was made that when the preliminary plat and
minutes go to the Borough the Plat Committee will see that the Commission
looked at the request for the exception to the setback.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
PENDING
BUSINESS
A. Memorandum dated
KRANICH/BOS MOVED TO APPROVE THE MINUTES OF
There was brief discussion.
KRANICH/BOS MOVED TO AMEND THE MINUTES TO INCLUDE
THE DISCUSSION AS OUTLINED IN THE MEMORANDUM FROM THE CLERK.
VOTE: (primary amendment): NON OBJECTION: UNANIMOUS
CONSENT
Motion carried.
There was no further discussion.
VOTE: (main motion as amended): 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.
Staff
City Planner Abboud and Planning Technician
Engebretsen reviewed the staff report.
Commissioner Moore commented if someone wants build
up to the bluff and can keep the land from falling into the bay they should be
able to. This ordinance should allow for a waiver to let people build where
they want to on a coastal bluff if it can be done properly. Planning Technician
Engebretsen responded that if there is a lot that doesn’t have enough buildable
area the property owner could apply for variance.
KRANICH/BOS MOVED TO SUSPEND THE RULES TO ALLOW
PUBLIC COMMENT.
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
Roger Imhoff commented that he appreciates the
Commission working on this ordinance as it has been long needed in Homer. He
commented that there are some descriptions and wording that seem a little
subjective. He referenced line 96 that a ravine is a long, deep, hollow in the
earth’s surface, it seems that the words long and deep are open to
interpretation, why not call it a hollow in the earth’s surface. He noted there
are a few other spots with similar wording that could be changed. Mr. Imhoff
questioned what went into the 50% cut off where it if it less than 50% it is
not a steep slope, but 50% or more is; and what area’s of Homer that
topographic break mostly affects. Mr. Imhoff also raised question about how
this will tie in with the design criteria of the streets, utility placement,
and so on in subdivision development. He recalled an ordinance the
Transportation Advisory Committee proposed to allow narrow, steep streets in
steep areas of Homer, it seemed at the time like an excuse to develop some of
our bluff areas around town and he was opposed to it. His main concern is that
visually and scenically the bluffs above town are part of the real nice scenic
landscape of Homer and he would hate to see roads and houses put all the way up
there. On the other hand Mr. Imhoff noted that they have to be careful that
this is a police power situation where the City is doing a taking through land
use regulations. There is the right to do that but on the other hand people
need to be compensated if they are not going to be able to develop the property
in an economically feasible manner.
KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL09-25
STEEP SLOPE DEVELOPMENT ORDINANCE WITH STAFF RECOMMENDATIONS.
MOORE/KRANICH MOVED TO STRIKE LINE 111.
Commissioner Moore commented that he wants to
strike this because there is no allowance in the draft ordinance for a person to
build on the bluff. Some slopes can be developed safely if it is done properly.
He thinks this applies to all the bluffs in the City, not only the coastal
bluffs.
Staff responded that eliminating line 111 would
mean there would be no regulation at all. It was suggested that a solution
would be to add on line 152 that if you have a slope of 50% or greater or you
were within 40 feet of a steep slope the requirements listed in that section
would apply.
There was discussion that it could be possible for
someone to invest the money in the development, but there are still concerns regarding
health and safety.
VOTE: (Primary amendment): YES:
NO:
BOS, MINSCH, HAINA, KRANICH, SINN
Motion failed.
MOORE/KRANICH MOVED TO POSTPONE THIS
The Commission commented to staff on other areas of
the ordinance they would like more information on.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
City Planner Abboud
reviewed the staff report.
KRANICH MOVED TO BRING
There was consensus and
discussion ensued.
The Commission discussed in a worksession format the
recommended amendments to Chapter 8 and provided recommendations to staff.
KRANICH/BOS MOVED THAT WE SEND CHAPTER 8 BACK FOR
STAFF TO CORRECT
There was no discussion.
VOTE: NON OBJECTION:
UNANIMOUS CONSENT
Motion carried.
Chair Minsch called for a recess at
MINSCH/KRANICH MOVED TO AMEND CHAPTER FOUR OF THE
COMPREHENSIVE PLAN THAT WAS APPROVED AT THE
There was consensus and
discussion ensued.
The Commission discussed in a worksession format
Chair Minsch’s comments that were provided in the packet and provided
recommended amendments to Chapter 4 to staff.
SINN/BOS MOVED TO FORWARD CHAPTER FOUR AFTER STAFF
REVISIONS, FOR PUBLIC REVIEW.
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
There was brief discussion
on the scheduling of the hearings.
INFORMATIONAL MATERIALS
A. Letter dated
Commissioner Moore noted that Mr. Rosi sounded
pretty upset about this when he commented at the meeting. City Planner Abboud
commented that it was brought to light that there were some deficits in meeting
the code requirements. He confirmed that he is in violation of the CUP. Mr.
Fraiman hasn’t confirmed with documentation what has been done. Commissioner
Moore commented that we just levied a fine against a developer but they are giving
this guy leeway. Mr. Abboud said they will follow through with this.
B. Letter dated
There was discussion that Mr. Kennedy is operating
a functional junkyard in residential area and it is not allowed there. A CUP is
needed if he wants to operate a junkyard at the property out east.
COMMENTS OF THE AUDIENCE
Members of the Audience may
address the Commission on any subject.
There were no audience
comments.
COMMENTS OF THE COMMISSION
Commissioners may comments
on any subject, including requests to staff and requests for excused absence.
Commissioner Moore commented that someone brought
an issue to light and staff addressed it. It shows Mr. Rosi that if there is
something wrong, staff will take care of it. He is glad to see that. He thanked them for bringing Chapter 4 back.
Commissioner Kranich thought they got a lot done
tonight. He thanked the Attorney Suozzo for the training with them tonight. Mr.
Kranich said he got a phone call from Mr. Rosi who said he understands Mr.
Fraiman got a letter and asked if Mr. Kranich had anything to do with it. He
responded that he had not, he had no comments with the planning office and
whatever transpired after the meeting he had zero involvement. He was glad to
understand that something was started.
Commissioner Bos reiterated Commissioner Moore’s
thanks for bird dogging some of the folks that we need to keep an eye on. It
was a good meeting tonight.
Commissioner Sinn said he is glad to be through
chapter 4. He said he would think that if these violations are happening, if we
had enforcement it would come to light quicker.
Chair Minsch thanked Attorney Suozzo, the
information was most helpful. She said good job and thanked them for going over
chapter 4.
ADJOURN
Meetings adjourn promptly at
There being no further business to come before the
Commission, the meeting adjourned at
MELISSA JACOBSEN,
Approved: