Session
09-17, a Regular Meeting of the Homer Advisory Planning Commission was called
to order by Chair Minsch at 7:00 p.m. on October 21, 2009 at the City Hall
Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.
PRESENT: COMMISSIONER BOS, HAINA, KRANICH, MINSCH,
SINN, WALKER
STAFF: CITY PLANNER ABBOUD
DEPUTY CITY CLERK JACOBSEN
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
There
were no items 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.
1. Approval
of Minutes of October 7, 2009
2. Time Extension Requests
3. Approval of City of Homer Projects under
4. KPB Coastal Management Program Reports
5. Draft Decision and Findings for CUP
09-08, 595 Ocean Drive Loop, Lot 70A
Oscar Munson Subdivision
The
Consent agenda was adopted by consensus of the Commission.
PRESENTATIONS
Presentations approved by the City
Planner, the Chair, or the Planning Commission.
There
were no public hearings scheduled.
REPORTS
a. Borough Report
b. Kachemak Bay Advisory Planning Commission
Report
c. City Planner’s Report
1. Staff
Report PL 09-93, City Planner’s Report
City
Planner Abboud reviewed the staff report.
PUBLIC HEARINGS
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. (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.
The applicant is not held to the 3 minute time limit.
A. Staff Report PL 09-85, Appeal of a Zoning
Enforcement at 844 Ocean Drive Loop,
Lot 83 Oscar Munson Subdivision
Chair
Minsch asked if any Commissioner had ex parte communication, perceived personal
bias, or conflict of interest to disclose regarding this matter.
Commissioner
Haina stated that he had an ex parte communication with the appellant and it
could be perceived as a personal bias in the matter. Commissioner Haina was excused
from participating and left the table.
Chair
Minsch noted a lay down item from the appellant, Mr. Kennedy, a letter to Mr.
Kennedy from the City Planner from October 21st, and a letter from
City Attorney Klinkner to City Clerk Johnson dated October 21st. Chair
Minsch asked if any of the information has raised question on how to proceed. There
was no response from the Commission.
City
Planner Abboud reviewed the staff report.
Chair
Minsch stated that this would be the time for the appellant to make a
presentation. The City was notified by Mr. Kennedy that he would not be in
attendance tonight. Chair Minsch opened the public hearing.
Don
McNamara, City resident on Ocean Drive Loop, commented that Mr. Kennedy’s
junkyard was there before he got to the neighborhood over 20 years ago. As far
as he can see it is getting cleaner rather than dirtier. He isn’t saying that
he shouldn’t clean up his junkyard but should be given a little leniency as far
as a time line, maybe one year or five years, whatever the Commission deems
appropriate. It didn’t pile up over a short time and it isn’t going to get
cleaned out over a short time. Mr. McNamara added that if they came through the
neighborhood they would find that many sheds are in the road right-of-way, at
least four on his street, a few of the B&B’s have signage over what is
allowed in the zoning law, and there is some boat storage on lots without
residences. He feels they are singling out one guy, when they could be going
through the whole neighborhood and cleaning it up by getting sheds off the
roadway, and boat storage off the streets.
Angie
Newby, City resident on Ocean Drive Loop, is owner of the property across the
street from Mr. Kennedy. She said she has a very different take than Mr.
McNamara. She moved to the neighborhood in 1987 when Mr. Kennedy was operating
a more robust, active business across the street because he lived there. She
doesn’t believe he is a full time resident there now. Back in the 80’s it was a
lot of dismantled vehicles which he might be able to get up and running, and as
a result he was allowed to continue, or felt that he could continue on in the
manner in which he has. Mrs. Newby said she provided photos which show a daily,
regular look at the property. Saturday when she was driving home she was
following Mr. Kennedy’s truck and he unloaded about a dozen barrels containing
who knows what on the property. There is a sign that he has at the property
that says “this area is closed today” or “this area is open today”. It is
actually an ongoing viable business that he is running in a residential
neighborhood. More importantly it is a junkyard and it is salvage and storage
material that definitely needs to be moved. She thinks Mr. McNamara represents
many of the neighbors who think Mr. Kennedy is a really nice guy. He is a nice
guy and this is nothing about whether or not he is a nice person. It is a clear
violation of the City’s planning and zoning code. Mr. Kennedy happens to own a
1200 square foot building and 2.4 or so acres in an industrial zone out east.
He has a place to move what he has stockpiled on that site and be in compliance
with zoning at that location. Mrs. Newby noted that the planning department has
been thorough in their evaluation and investigation of this. It is not
something that has been taken on lightly over the years.
Pam
Brant resides on Diamond Ridge and owns property on Ocean Drive Loop. She asked
the Commission to please take a serious look at the staff recommendation that
Mr. Kennedy be made to get rid of all the items on the lot. She worked for the
City when this was initially brought to the court in 1987 when he was told to
remove any inoperable or unlicensed vehicles and any junk materials off the
lot. Here it is 24 years later. At this point it appears to be a hazard. She
has concern as there are barrels that she doesn’t know what might be in them
and they are leaching into the ground water. She feels it is a health and
safety concern at this juncture. There is probably ten times more junk and
stockpile material than there was in 1987. It is even in the right-of-way, into
the ditch. She asked the Commission vote to uphold the staff recommendations.
There
were no further comments and Chair Minsch closed the public hearing.
City
Planner Abboud clarified that the property that Mr. Kennedy has out east that
was mentioned earlier is zoned GC2, and would have the possibility to be made
compliant.
Question
was raised whether the court order referenced is still in effect. City Planner
Abboud commented not that he knows of but so much time has passed it is his
understanding that the process has to start over.
KRANICH/BOS
MOVED TO BRING STAFF REPORT 09-85 TO THE FLOOR FOR ADOPTION, INCLUDING STAFF
RECOMMENDATIONS.
There
was brief discussion about the time frame of the court order. Question was
raised that if nothing was done after a court order in 1987, how will Mr.
Kennedy be held accountable if the Commission votes to uphold the staff recommendations.
City Planner Abboud commented that he can be held accountable through City
Code. The enforcement includes a process in which can result in it being
considered a nuisance. The City has the right to remediate a nuisance through
code, by having the property cleaned up and bill the property owner for the
cost. It is different than the time when the previous citation was issued.
Commissioner
Kranich noted that in part of the discussion in the staff report the appellant
feels that he is grandfathered, but he purchased the property almost two years
after the zoning code was adopted. He doesn’t see how this could be
grandfathered.
VOTE:
YES: BOS, MINSCH, WALKER, KRANICH, SINN
Motion
carried.
Commissioner
Haina returned to the table.
B. Staff Report PL 09-94, Ordinance 09-50,
Nonconforming Mobile Homes
City
Planner Abboud reviewed the staff report.
Chair
Minsch opened the public hearing. There were no comments and the public hearing
was closed.
KRANICH/BOS
MOVED TO BRING STAFF REPORT PL 09-94 TO THE FLOOR TO DISCUSS AND ADOPT THE
FINDINGS PERTAINING TO ORDINANCE 09-50.
The
Commission reviewed and supported the findings listed in the staff report with
the following comments and amendments:
KRANICH/BOS
MOVED TO AMEND THE SECOND PARAGRAPH IN THE STAFF REPORT TO INCLUDE THE WORD NOT
AFTER SHOULD.
Staff
finds that Ordinance 09-50 should be evaluated separately from Ordinance
09-46(S)(A). It is staff’s opinion that
the unique circumstances regarding Mr. Nakada should not single handedly fuel revision of the nonconforming code.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
Regarding
Finding 4 comment was made that the explanation that mobile homes having to be
removed if the property is transferred is going to be next to impossible to
enforce since the City has no knowledge of property transfers or the structures
or uses which happen to be on them.
Regarding
Finding 6 it was noted that the language is very subjective in that there isn’t
a way to measure dilapidation.
Regarding
Finding 7:
SINN/BOS
MOVED TO ADD TO THE END OF FINDING 7 THAT MOBILE HOMES SHOULD NOT BE SINGLED
OUT.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
Regarding
Finding 8 point was raised that it is pie in the sky language as there isn’t a
way to enforce “disposal in a lawful manner”.
Regarding
Finding 12 it was reiterated the City has no knowledge of property transfers
and it is senseless to tie City Code to property transfers.
KRANICH/HAINA
MOVED TO ADD A NEW STATEMENT FINDING 14 ORDINANCE 09-50 WOULD BE DIFFICULT TO
ENFORCE. THE CITY IS NOT NOTIFIED OF PROPERTY TRANSFERS.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
BOS/SINN
MOVED TO ADD FINDING 15 IT WOULD BE INAPPROPRIATE TO REVISE NON CONFORMING CODE
UNTIL ADOPTION OF THE PENDING COMPREHENSIVE PLAN.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
HAINA/BOS
MOVED TO ADD FINDING 16 ORDINANCE 09-50 DEMINISHES THE EFFORTS OF THE LAND
OWNERS WHO HAVE ALREADY GONE THROUGH THE CONSIDERABLE EXPENSE OF BRINGING THEIR
NON CONFORMING MOBILE HOMES INTO CONFORMITY.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
KRANICH/BOS
MOVED TO ADD THE LAST BULLET INTO THE CONCLUSION.
Conclusion:
We shouldn’t create an exception for replacement of mobile homes for the two
districts affected – UR and RO. We don’t
want mobile homes there, and have not since 1982. Generally the nonconforming
code has let nonconformities continue forever. But it clearly does not allow
for complete replacement; i.e. if there is a fire and more than 50% of the
structure is damaged, the new structure has to be in compliance. 21.61.030(C) If a nonconforming structure or nonconforming portion of a structure
is damaged by any means to an extent of more than fifty percent of its
replacement cost at time of the damage, it shall not be reconstructed except in
conformity with the provisions of Homer City Code.”
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
The
Commission concurred that amended findings 15 and 16 should be switched so that
Commissioner Bos’ amendment would be listed last.
VOTE:
(Main motion as amended): NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
PLAT
CONSIDERATION
The
Commission hears a report from staff, presentation from the applicant and testimony from the public. The Commission may ask questions of staff,
applicants and the public.
A. Staff
Report PL-09-90, Nantia Acres Preliminary Plat
Chair Minsch noted the supplemental staff report PL
09-90(S) which was provided as a laydown.
City Planner Abboud reviewed the staff reports.
Roger Imhoff, project surveyor, was available for
questions.
Question
was raised regarding the increase of the sewer easement and if it is agreeable
to the applicant. Mr. Imhoff said of course not. He continued that on plats in
the City, Public Works Department makes recommendations and whether or not the
property owner thinks they are excessive, they go through.
There
was discussion clarifying the location southern sewer easement.
Mr.
Imhoff thanked City Planner Abboud and staff for their patience during this
process as it went through a lot of changes and discussion.
SINN/KRANICH
MOVED TO ADOPT STAFF REPORT PL 09-90 WITH STAFF RECOMMENDATIONS FROM STAFF
REPORT 09-90(S)
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
PENDING BUSINESS
A.
Staff
Report PL 09-92, Policies and Procedures/Bylaws Manual
KRANICH/BOS
MOVED TO BRING STAFF REPORT PL 09-92 FOR DISCUSSION AND POSSIBLE AMENDMENT.
The
Commission discussed telephonic participation. They agreed that it is not
beneficial to the Commission since a lot of their work at meetings utilizes
visual information and laydown items. It was noted in the future if they are
able to utilize programs like Skype that allow for visual teleconferencing it
would be worth considering again.
KRANICH/BOS
MOVED TO POSTPONE TO THE NEXT MEETING.
There
was discussion that the information in the packet is not in order. It was
requested that a clean copy be provided to compare the changes with.
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 and the applicants. Any items brought before the
commission for discussion are on the floor for discussion following
introduction of the item. The Commission will accept presentation on
agenda items that involve an applicant (such as acceptance of a
nonconformity.) A member of the public
wishing to comment on regular business items that do not require a public
hearing or public notice may do so under Public Comment.
A. Staff Report PL 09-91, Ordinance amending
the residential office zoning district
KRANICH/BOS
MOVED TO POSTPONE THIS TO A FUTURE WORKSESSION.
There
was brief discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
INFORMATIONAL
MATERIALS
Items listed under this agenda item
can be
A. Anchorage Daily News article, ‘Our View: Dumpsters’, published October 12, 2009
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 THE
COMMISSION
Commissioners may comment on any
subject, including requests to staff and requests for excused absence.
Commissioners
Haina and Sinn welcomed Commissioner Walker and said it was a good meeting.
Commissioner
Kranich commented that he is glad to have another productive member on the Commission.
He hopes they all realize the weight of the decision in the appeal tonight. It
is a long on going problem and he has heard about the problem of his yard over
the years. He feels everyone weighed their decision and looked at code. It
isn’t easy making these decisions, but we have to do things based on code, and
everything else has to be set aside.
Commissioner
Bos welcomed Commissioner Walker and expressed his appreciation of the
documentation provided by staff regarding the appeal, and he hopes the
information provided continues in that realm.
Commissioner
Walker thanked everyone and was expecting that more people would show up.
Chair
Minsch commended the Commission on the good work and said it is obvious they
are reading their packets, and doing their homework.
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 8:28 p.m. The next Regular Meeting is scheduled for November 4, 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: