Loading...
HomeMy WebLinkAbout10032023 Planning & Zoning Minutes City ofSewarca Alaska Planning&Zoning Commission Meeting Minutes October 3, 2023 Volume 8,Page 28 . CALL TO ORDER The October 3,2023 regular meeting of the Seward Planning&Zoning Commission was called to order at 7:00 p.m. by Chair Clare Sullivan. OPENING CEREMONY Commissioner Charbonneau led the Pledge of Allegiance to the flag. ROLL CALL There were present: Clare Sullivan presiding,and Nathaniel Charbonneau Brenan Hornseth . Sean Ulman Comprising a quorum of the Commission; and Jason Bickling,Assistant City Manager(Clerk for the meeting) Courtney Bringhurst,Acting Community Development Director Excused—Vanessa Verhey Absent—None Vacancies—Two CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Carol Griswold, inside the city,was opposed to Resolution 2023-015,stating that the plat created non- conformities that were not allowed in Seward Code. Vanessa Verhey, inside the city,spoke in favor of Resolution 2023-015,stating that she was the property owner and that the plat would eliminate various issues with the property including a prominent encroachment. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Hornseth) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the September 5,2023 Planning and Zoning Commission Meeting Minutes City ofSewarca Alaska Planning&Zoning Commission Meeting Minutes October 3, 2023 Volume 8,Page 29 SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards—None City Administration Report. Acting Community Development Director Courtney Bringhurst gave a verbal report on the status of the Community Development department. Other Reports and Announcements—None Presentations—None PUBLIC HEARINGS Resolutions Requiring Public Hearing—None UNFINISHED BUSINESS Resolution 2023-015: of the Planning and Zoning Commission of the City of Seward,Alaska, Recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Original Townsite of Seward, Shea Replat,Lot 25A, Block 14;Located at 308 Second Ave; Creating Seward Original Townsite,Verhey Replat,Lot 25A-1 and Lot 26A, Block 14 Motion* Approve Resolution 2023-015 *(still on the floor from the August 1, 2023 meeting where the Resolution was automatically tabled for lack of a quorum) Bringhurst provided a brief history of the property and the allowances that had been previously made that created the current situation. She directed the Commission to the As-Built graphic of the two properties to explain how both structures are currently non-conforming due to not meeting the 5ft side yard setbacks. She stated that the current owners of the property have had to deal with the oddities and challenges of the irregular shaped lots, some of which include the encroachments due to the lack of adequate setbacks,and sufficient access to the property from the alley. Bringhurst stated that there was no way these properties could be platted to make the structures conform to all development requirements in code. Both structures would remain nonconforming structures no matter how these parcels were platted.There were configurations that would meet more aspects of code than others,but the goal of this replat was to return the lots to their original standard form to prevent future landowner conflict,reduce and prevent further encroachments,provide adequate and equal access to the alley,and create property boundaries that more accurately reflect how the land is actually being used. Charbonneau said that he supports keeping things in compliance,however,these structures are out of compliance. He stated that he has a problem with the `L-shaped' lot. He lives on one and personally knows the difficulty of them. The platting solutions that meet certain aspects of code all involve creating more"L-shaped"lots. City ofSewarca Alaska Planning&Zoning Commission Meeting Minutes October 3,2023 Volume 8,Page 30 Hornseth said that it was a difficult situation,but he is in favor of keeping it simple and avoiding the"L-shape". Ulman said that he didn't have any questions,but he appreciated all the information that was presented to help him understand the situation more clearly. Sullivan asked if the proposed plat would alleviate or fix any of the non-conformities. She stated that it is the Commission's purpose to adhere to code and stated that it was important to have substantial reasons that a decision that which did not adhere to code was in the public's best interest. Sullivan asked Acting Community Development Director Bringhurst what her perspective as a Planner was for this complex situation. Bringhurst stated that the proposed plat would correct one non-conformity and remove an encroachment on one property but increase a non-conformity on the other property. She stated that no surrounding properties exceeding the lot coverage requirements in code. Bringhurst said that as a Planner she likes to have numbers compute cleanly,but that she also understands the importance of seeing how things are actually functioning on the land. The actual function and use of the properties matched the proposed plat and did not raise any concerns for creating a lot coverage non-conformity. Bringhurst asked the Commissioners to think about what challenges they wanted to avoid in the future on this property. Did the Commission foresee more challenges from a home that exceeded the lot coverage requirement or more challenges from the"L-shaped"lot and existing encroachments and lack of access? Sullivan stated that removing the encroachments and"L-shaped"parcel would improve the use and enhance the value of the property. Sullivan asked if the utilities have been evaluated on these parcels and if that is a current issue or potential issue with the proposed plat. Bringhurst stated that she had spoken with the Electric department,and that they were originally concerned about a utility easement that went through the"L-shaped"parcel. The Electric department thought the proposed plat was creating an"L-shaped" lot and advised against it. Bringhurst informed them that the"L-shaped" lot already existed and that the proposed plat would return to the lots to their original shapes.The Electric department was very supportive of this. Sullivan stated that the issue that stood out the most with this proposed plat was that the house on the current"L-shaped"lot would become non-conforming by exceeding the minimum lot coverage requirement. Hornseth asked for clarification on what the 2003 Shae replat had changed to verify that before the 2003 replat the lots had been the original 30'x100' rectangular lots. Sullivan was concerned about setting a precedence for approving non-conformities to code. Ulman stated that the Commission would only consider another situation like this if it was also already a non-conforming situation, and the owner was trying to correct the non-conformities as much as possible. City ofSewara Alaska Planning&Zoning Commission Meeting Minutes October 3, 2023 Volume 8,Page 31 Motion Passed Yes: Charbonneau, Ulman, Hornseth No: Sullivan NEW BUSINESS Other New Business Items Discuss topic for October 17 work session: Planning&Zoning Commission planned to discuss the Cemetery Management Plan in a joint work session with Parks and Recreation and the City Clerk. Bringhurst stated the edits to the Municipal Lands Inventory and Management Plan had been made and that the updated plan would be presented to the Commission at their next regular meeting in November. INFORMATIONAL ITEMS AND REPORTS A. Reminder of Meetings 1)Work Session on October 17,2023 at 6:00 pm. 2)Regular Meeting on November 7, 2023 at 7:00 p.m. 3)Commissioner Training Deadline: October 17, 2023 CITIZEN COMMENTS Griswold stated that she did not believe that the house on the"L-shaped" lot was currently non-conforming and that the Commission should provide more substantial findings for their decision to go against the requirements established in City Code. Verhey thanked the Commission for their approval. Griswold stated that the issues that were created with the Shae replat should not be what was being discussed. COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS Charbonneau thanked the administration for putting together all the information for the meeting. Ulman also thanked the administration and the audience for the information. Sullivan acknowledged that it was a tough decision,and that she appreciated hearing both viewpoints on the subject. Sullivan thanked administration and thanked Jason Bickling for clerking. City of Sewarel Alaska Planning&Zoning Commission Meeting Minutes October 3, 2023 Volume 8, Page 32 ADJOURNMENT The meeting was adjourned at 7:37 p.m. Jason Bidding Cla Sullivan Assistant City Manager(Clerk) Chair (City Seal) .s'pF S E .% r w 11 .••rOp0Ft4 .Q 11 G ip•; SEAL . . Fs' 1', 47'E OF Pv- I