CITY AND BOROUGH OF SITKA Planning Commission Minutes of Meeting. February 19, 2013

Transcription

1 CITY AND BOROUGH OF SITKA Planning Commission Minutes of Meeting Present: Jeremy Twaddle (Chair), Richard Parmelee (Member), Darrell Windsor (Member), Cheryl Westover (Member), Chris Spivey (Member), Wells Williams (Planning Director), Melissa Henshaw (Planner I) Members of the Public: Stephen Weatherman (Municipal Engineer), William Stortz (Building Official), Garry White, Michael LaGuire, Chelsea McLeod, Marsha Lysons, Tom Reinholdt, Doug Hardcastle, Shannon Haugland (Sitka Daily Sentinel) Chair Twaddle called the meeting to order at 7:00 p.m. Consideration of the Minutes from the February 5, 2013 meeting: MOTION: M/S WESTOVER/SPIVEY moved to approve the meeting minutes for February 5, 2013 The evening business: ZONING TEXT AMENDMENT ACCESSORY DWELLING UNITS (ADU) SITKA ECONOMIC DEVELOPMENT ASSOCIATION (SEDA) Public hearing and consideration of a proposed zoning text amendment on accessory buildings to allow Accessory Dwelling Units (ADU) proposed by Sitka Economic Development Association (SEDA). Planner Henshaw went over the changes from last meeting that included height restriction, size standards, and design standards. APPLICANT: Garry White, SCIP Director came forward stating that he would like to see ADU s least restrictive as possible. PUBLIC COMMENT: William Stortz, Building Official came forward stating that it may be necessary that fire protection requirements be put in place. Under the Building Code there are minimum room requirements of 120 square feet and habitable room requirements of no less than 70 square feet. The following changes/additions will be made: ADUs shall not exceed the height of the primary dwelling unit or maximum of 25 feet in height whichever is less; For a primary dwelling unit with more than 1,500 square feet of living space (excluding garage area), the ADU shall be no larger than 33% of the primary dwelling unit s total square feet or 800 square feet whichever is smaller; For a primary dwelling unit with less than 1,500 square feet (excluding garage area), the ADU shall not exceed 500 square feet; ADUs shall be designed to preserve or complement the architectural design, style, and appearance of the primary single-family dwelling unit. Page 1 of 5 DRAFT

2 Specifically, the roof pitch, siding materials, color and window treatment of the ADU shall be the same as, similar to, or an improvement to the appearance of, the primary dwelling unit; the applicant must meet with the Building Official and Planning Department prior to applying for the building permit. The following code sections will need to be changed: Definition; residential land use table; development standards; amend the off street parking; requirements in supplemental regulations and a hand out will need to be made for this. MOTION: M/S PARMELEE/WESTOVER moved to recommend to the Assembly the adoption of the necessary zoning code text amendments to achieve the accessory dwelling unit permitted use as outlined in the proposal with the attached amendments with the finding that it achieves the goal of the comprehensive plan to further allow for a diverse group of housing units and facilitates the provision of affordable housing options while at the same time protecting adjacent properties. Commissioner Spivey recused himself from the next item. VARIANCE REQUEST 213 GAVAN STREET DOUG/GRACIA HARDCASTLE Public hearing and consideration of a variance request filed by Doug and Gracia Hardcastle at 213 Gavan Street. This is for a reduction in the front setback along Gavan Street to 10 feet for an addition of a garage and apartment. The property is also known as Lot 1 Block D Moore Memorial Addition. Planner Henshaw reviewed this request. This variance was granted in However, since substantial construction progress has not been made; the applicant has applied again. This will be an addition of a garage and mother-in-law apartment that will be attached to the house. APPLICANT: Doug Hardcastle came forward stating that this project was put on hold due to major medical expenses and is asking for a renewal for this previously approved variance. MOTION: M/S PARMELEE/WESTOVER moved to approve a variance request filed by Doug and Gracia Hardcastle at 213 Gavan Street. This is for a reduction in the front setback along Gavan Street to 10 feet for an addition of a garage and apartment. The property is also known as Lot 1 Block D Moore Memorial Addition. Staff recommended the following finding. MOTION: M/S PARMELEE/WESTOVER moved to approve that the findings are consistent with the previously approved findings from the previous variance. Page 2 of 5 DRAFT

3 VARIANCE REQUEST 3308 HALIBUT POINT ROAD CHELSEA MCLEOD Public hearing and consideration of a variance request filed by Chelsea McLeod at 3308 Halibut Point Road. This is for a reduction in the rear setback to 2 feet to allow a replat for a neighboring property encroachment. The property is also known as Lot 23A Subdivision of Lots 23 and 24 Darrin Subdivision US Survey Owner of record is Kenneth McLeod and Chelsea Young. Planning Director Williams reviewed this request stating that this is a two part request. First is this variance for a 2 foot rear setback. If this variance is approved then there is a replat redrawing three lot lines with the specific intent to shift the lot lines to fix the encroachments that reduce the size slightly for the McLeod property. The purpose of this is for the McLeod s to sell the property. The structures are existing. There may be fire safety issues with the house and the building to the rear being too close together. William Stortz, Building Official came forward stating that the Building Department does not enforce the code retro-actively but rather during the process of construction. The distance from a building to a lot line needs to be 5 feet or more (2 feet for eaves) without having to do extra fire precautions. Stephen Weatherman, Municipal Engineer came forward stating that this is an illegal encroachment. He can t recommend that the Board approve this. APPLICANT: Chelsea McLeod and her realtor Michael LaGuire came forward. The applicant stated that she didn t know about the encroachments and it wasn t brought up when she purchased house. However, this time the lending institution is requiring the encroachments to be removed. The Commission deliberated. MOTION: M/S PARMELEE/SPIVEY moved to approve a variance request filed by Chelsea McLeod at 3308 Halibut Point Road. This is for a reduction in the rear setback to 2 feet to allow a replat for a neighboring property encroachment. The property is also known as Lot 23A of Lots 23 and 24 Darrin Subdivision US Survey Owner of record is Kenneth McLeod and Chelsea Young. Staff recommended the following findings in support of the approved request: MOTION: M/S PARMELEE/SPIVEY moved to approve the following findings in support of the approved variance: 1. That there are special circumstances that do not generally apply to the other properties specifically the location of the two non-conforming structures; Page 3 of 5 DRAFT

4 Page 4 of 5 DRAFT 2. The variance is necessary for the preservation and enjoyment of a substantial property right specifically the continuation of the use of the house and garage at 3308 Halibut Point Road; 3. The granting of the variance will not be materially detrimental to public health, safety, or welfare to nearby parcels or public infrastructure since both structures currently exist; and 4. The granting of the variance will not adversely affect the comprehensive plan. REPLAT 3306, 3308, 3310 HALIBUT POINT ROAD CHELSEA MCLEOD Public hearing and consideration of a replat at 3306, 3308, and 3310 Halibut Point Road. The request is filed by Chelsea McLeod. The properties are also known as Lot 23A and Lot 23B Subdivision of Lot 23 and Lot 24 Darrin Subdivision US Survey 2420, and a fractional part of Lot 27 US Survey Owners of record are Kenneth McLeod and Chelsea Young, Jay L. and Esther A. Bingham, and Louis A. Palmer and Merrily Sue Palmer. Planning Director Williams stated that this is involving three parcels that eliminates the encroachments by shifting the property lines. It reduces the footprint of the McLeod property and enlarges both the other properties. APPLICANT: Chelsea McLeod and Michael LaGuire had nothing further to add. MOTION: M/S PARMELEE/SPIVEY moved to approve the replat at 3306, 3308, 3310 Halibut Point Road. The request is filed by Chelsea McLoed. The properties are also known as Lot 23A and Lot 23B Subdivision of Lot 23 and 24 Darrin Subdivision US Survey 2420, and a fractional part of Lot 27 US Survey Owners of record are Kenneth McLeod and Chelsea Young, Jay L. and Esther A. Bingham, and Louis A. Palmer and Merrily Sue Palmer with the following condition: 1. That a binding plat note be added to the plat that in the event that there is a change in location of the existing non-conforming wanigan, that the wanigan or any other structure be at least 11 feet back from the property line dividing 23B-1 and 23A-1. PERMIT FOR FOOD SALES JOHN WELSH Introduction and discussion for a permit for food sales by pedicab on City of Sitka streets and property by John Welsh. This item was postponed to the next meeting on March 5 th as the applicant was not at the meeting.

5 PLANNING DIRECTOR S REPORT: July 2 nd meeting will be cancelled. Melissa Henshaw, Planner I has taken a job in the Administration office. The Planner I position is now being advertised. The Chair has agreed to stay on for a couple months past his term expiring in April. Planning Director Williams went over the responsibilities that the Planner I and Planning Office does. Planner I explained the play yard code as discussed at the last meeting. Chris Spivey recused himself so that he could speak as a member of the public. PUBLIC BUSINESS FROM THE FLOOR: Chris Spivey, 109 Lillian Drive, came forward for a discussion regarding the conditional use permit at 102 Burkhart Street. Staff will place in the packet for the next meeting, the documents from this conditional use permit. Chris Spivey joined the meeting as a Commissioner. ADJOURNMENT MOTION: M/S WINDSOR/SPIVEY moved to adjourn at 9:06 pm. Jeremy Twaddle, Chair Melissa Henshaw, Secretary Page 5 of 5 DRAFT