Session 07-16, a Regular Meeting of the Homer
Advisory Planning Commission was called to order by Chair Kranich at
PRESENT: COMMISSIONER
HOWARD, KRANICH, MINSCH, ZAK, HESS (arrived at
ABSENT: COMMISSIONER
FOSTER (Excused)
STAFF:
DEPUTY
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 the Minutes of August 14, September 5, and
2. Time
Extension Requests
3. Approval
of City of
4. KPB
Coastal Management Program
5. Commissioner
Excused Absences
PRESENTATIONS
Presentations approved by the Planning Director,
the Chair, or the Planning Commission. A Public Works representative may
address the Planning Commission.
REPORTS
A. Borough
Report
There was no Borough Report.
B.
There was no Kachemak Bay Advisory Planning
Commission Report.
C. Planning
Director’s Report
City Planner McKibben did not have a 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.
There were no public hearings.
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 plat considerations.
PENDING
BUSINESS
John Williams, City Resident and Boardmember for
the Refuge Room, stated they do agree with the action and would like to be recognized
under non conforming status. After this action they will continue to work out
details for the Refuge Room. Mr. William
said he has sent out some material to the City Council and the Planning
Commission and hopes that there might be resolution with the definition of use
of the Refuge Room that might work. He said he is satisfied with what has
happened and doesn’t have a problem with going forward.
There were no public comments.
MINSCH/ZAK MOVED TO ADOPT
STAFF RECOMMENDATION:
Recommendation:
Planning
Commission accept the original structure, built in 1977, at 397 East Pioneer
Way as a valid non-conforming structure for encroachment into the side yard
setbacks and for building area having more than 30% lot coverage.
Chair Kranich noted that in the Planning Commission
Policy and Procedures Manual there are four conditions that have to be met
regarding non conforming uses of Land/Structures. He read each of the
Conditions and City Planner McKibben responded as follows:
Legally Existing Structures are those that:
1. Exist
prior to the effective date of Ordinance 4-300-2 (Interim Zoning Ordinance)
dated
This building did not exist prior to Ordinance
4-300-2 (Interim Zoning Ordinance) dated
2. Exist prior to effective date of Ordinance No. 33 (Kenai
Peninsula Borough) dated
Ordinance 33 relates to the establishment of
interim zoning requirements in the Homer area. In the Commercial District there
are a number of uses listed. There are no restrictions in building area
regulation and the required lot area has no minimum requirement. Regarding yard
regulations, there is no requirement for front yard depth, no side yard except
that a side yard of net less than 10 feet in width shall be required on any
side abutting any lot in a residential district, no requirement for rear yard
depth except as necessary to meet parking and loading requirements.
3. Exist prior to effective date of Ordinance 78-13 (Kenai
Peninsula Borough) dated
This building was built in 1977 so it was in existence
prior to the adoption of this Kenai Peninsula Borough Ordinance. It includes
language regarding town houses, variances, contract zoning, and nonconformities
but there doesn’t appear to be language regarding side yard set backs or lot
coverage.
4. Exist prior to effective date of Ordinance 82-15 (Homer
Zoning Ordinance) dated
This building was built prior to the adoption of
City of
City Planner McKibben confirmed that based on the
record research the building built in 1977 with permit 77-1002 appears to have
met the setback requirement and lot coverage requirements that were in
existence at that time.
Chair Kranich noted that the staff report PL 07-100
states that the applicant understands that if the lot is re-platted that the
structure is required to conform to the current regulations of the Central
Business District.
Commissioner Hess arrived at
Chair Kranich asked about the two foot easement on
the west lot line on the asbuilt survey prepared by Roger Imhoff. City Planner
McKibben said it is her understanding that when this document easement was
granted it was relying on the asbuilt survey done by Ken Branch, which shows
the foundation walls on the property and the roofs to be hanging over the
property line. She suggested it might be prudent for the applicant to update
the easement to accurately reflect the results of the 2005 asbuilt or work with
the neighbor for a lot line adjustment. It isn’t an issue that effects the
action on the non conformity.
It was clarified that the staff recommendation says
There was discussion regarding accepting the non
conformity on the original building when there have been additions to the
building that need to be addressed. City
Planner McKibben explained that the addition on the rear of the building can be
addressed as a separate issue through a conditional use permit that addresses
more than 30% of the lot coverage. The deck on the front of the building may be
in violation as a zoning permit may not have been issued for it, but it can
easily be adjusted, redesigned or removed. Ms. McKibben said it is her
understanding that the Refuge Chapel plans to continue pursuing the CUP for the
Refuge Room as it has been remanded to the Commission by the Board of
Adjustment. Multiple types of conditional uses can and have been addressed in
one permit.
VOTE: YES: MINSCH, HOWARD, ZAK, KRANICH, HESS
Motion carried.
City Planner McKibben
summarized the staff report.
MINSCH/HESS I
The Commission discussed
the meeting schedule and their personal schedules.
MINSCH/ZAK I
There was no further
discussion.
VOTE: NON OBJECTION:
UNANIMOUS CONSENT.
Motion carried.
City Planner McKibben
summarized the staff report.
MINSCH/HESS I MAKE A MOTION TO ADOPT
RECOMMENDATION
Planning Commission review and discuss the draft ordinance and
amendment to the CDM and schedule for public hearing.
The Commission discussed the scheduling of the
public hearing on
Commissioner Howard said
she would be absent from the
Chair Kranich commented regarding the CDM and the
commercial streetscape in the GBD. The setback from the front building line is
requiring at least 50% of the front to be placed by the front setback line. If
someone has to set that much of a ten or fifteen thousand square foot building
so close to the road, it could end up creating a situation of a tunnel coming
into town. Setting the building back further would lose some of that mass and
feel more open.
There was discussion about addressing the issue. It
was noted that it may be better to hold off on further amendments until the public
has had an opportunity to weigh in on the public review draft.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
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).
There were no new business items.
INFORMATIONAL MATERIALS
There were no information
items to discuss.
COMMENTS OF THE AUDIENCE
Members of the Audience may
address the Commission on any subject.
John Williams said he is concerned after reading the letter from Mr. Griswold that there will be pressure on the Commission to shut the Refuge Chapel down. He requested they be allowed to continue to operate while they are trying to meet the City’s requirements. He has some ideas to help reach resolution and feels it would be detrimental to men who are at the shelter now if it were shut down. It is a spiritual project and hopes it can continue on. Mr. Williams acknowledged that they have messed up with the permitting in the past and are working to getting it straightened out. He asked again that operations be allowed to continue during the process.
Chair Kranich recommended that the Refuge Chapel
continue to work with staff. He explained that the Commission can’t take any
action until something comes before them on a published agenda.
COMMENTS OF THE COMMISSION
Commissioners may comments
on any subject, including requests to staff and requests for excused absence.
Commissioner Howard and
Minsch had no comment.
Commissioner Hess
questioned the status on the financial discloser that is being required now.
Deputy City Clerk Jacobsen said
that the information was mailed out by the City Clerk.
Commissioner Zak questioned if he will be able to
participate since he resides in the GBD area and he
was not allowed to participate in an action for a CUP at the previous meeting.
City Planner McKibben said she believes there is an attorney’s opinion that may
address the issue. Mr. Zak said he is
glad they are working on the Gateway Business district. He noted the greenhouse
that was recently constructed along the
Chair Kranich advised the Mr. Williams that after
the decisions and findings are complete, the action on the non conformity can
be appealed within 30 days.
ADJOURN
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. The next Regular Meeting is scheduled for
MELISSA JACOBSEN, DEPUTY
Approved: