Loading...
HomeMy WebLinkAbout06042024 Planning & Zoning MinutesPlanning & Zoning Commission Meeting Minutes Volume 8, Page 59 City of Seward, Alaska June 4, 2024 CALL TO ORDER I The June 4, 2024 regular meeting of the Planning &Zoning Commission was called to order at 7:00 p.m. by Chair Carol Griswold. OPENING CEREMONY Vice Chair Brenan Homseth led the Pledge of Allegiance to the flag. ROLL CALL There were present: Carol Griswold, presiding, and Brenan Homseth Nathaniel Charbonneau Vanessa Verhey Sean Ulman Rhonda Hubbard comprising a quorum of the Commission; and Courtney Bringhurst, City Planner Clara Brown, Executive Assistant Kris Peck, City ClerkI Excused - Ulman, Charbonneau Absent - None Vacant - One CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING -None APPROVAL OF AGENDA AND CONSENT AGENDA Approval of Agenda and Consent AgendaMotion (HornsethA^erhey) UnanimousMotion Passed The clerk read the following approved consent agenda items: Approval of the May 7, 2024 Planning & Zoning Commission Meeting Minutes SPECIAL ORDERS, PRESENTATION, AND REPORTS I Proclamations and Awards -None City of Seward, Alaska June 4, 2024 Planning & Zoning Commission Meeting Minutes Volume 8, Page 60 City Administration Report ICity Planner Courtney Bringhurst noted there was still one vacancy on the eommission. Bringhurst provided updates on items that the eommission had reeently worked on. The new zoning map layout and the eluster subdivision ordinance would appear on the next council meeting agenda. Bringhurst said couneil had directed administration to convert the Mt. Marathon trailhead access into a fire lane. On another topie, Bringhurst said the new version of the P&Z Rules of Proeedure manual was still in progress. This would also include a detailed flow chart of applications that routed through P&Z. Presentations -None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2024-013, of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Variance from Seward City Code 15.10.140(B)(31)(c) to Denise Cemigliato construet an accessory apartment in a garage that is not attaehed to the primary dwelling unit on Lot 16A, Clearview Subdivision, Replat No. 1, Located at 1702 Resurrection Blvd; Within a Two-Family Residential (R2) Zoning District Motion (HornsethWerhey)Approve Resolution 2024-013 IBringhurst said the applieant applied for a building permit for an aeeessory apartment located in a detaehed aeeessory building. However, by definition in eity eode, an aeeessory apartment is required to be part of the main dwelling. A breezeway was required to eonnect the detached accessory building to the house before a building permit eould be issued. The applicant had requested a variance from eode beeause she felt the eonstruction of a breezeway was denying her the best use of her property. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Marsha Vincent, inside city limits, said they were neighbors of the applieant. She spoke in opposition to the varianee. Vineent was coneemed that if the variance was granted, the property eould be used for more than the allowed additional families. She also noted the property was not of historic value. She thought the breezeway would actually be benefieial to keep the iee and snow clear. Lastly, Vineent wanted to keep the current zoning and community the way it was. Denise Cerniglia, inside city limits, said she was the applieant, and she was trying to make a long term apartment for another eommunity member. Cerniglia said she was trying to get a seeond ineome as well as eonvert the space into something beautiful. She was opposed to making a giant roofed structure that would detraet from the value of her home. She did not want to look out the window and see the roof of a breezeway. The breezeway was cost-prohibitive. She said building a long-term apartment was rare in Seward and she would be helping with the housing crisis.I Planning & Zoning Commission Meeting Minutes Volume 8, Page 61 City of Seward, Alaska June 4, 2024 No one else appeared and the public hearing was closed. Griswold explained that this was a quasi-judicial hearing and asked commissioners to disclose any ex parte contact that they may have received. Homseth said he was contacted by Charbonneau who noted that money was not a reason to grant a variance. Homseth said that Charbonneau also raised a question about the historical information of the house. I Verhey said the applicant was a co-worker and friend and they had discussed the variance. She said the discussion was very similar to the information that the applicant shared during public hearing comments. Verhey also said Charbonneau had left her a voice mail which was very similar in scope to what Homseth had described. Hubbard disclosed that Charbonneau had contacted her with the same information. Hubbard said she had heard the opinion of the neighbors which was very similar to Vincent’s public hearing comments. Griswold said Charbonneau had also contacted her with the same information. After the ex parte contact had been disclosed the commission started their discussion on the variance. I Homseth said the code seemed a bit harsh to require a breezeway when there was such a housing crunch. He wondered if the breezeway and the house’s historic character were the issue. He noted the house was not listed on Seward’s historic properties. Verhey noted the garage already existed and felt it was admirable of the applicant to go through this process instead of doing things in secret. She felt the variance should be granted. Hubbard said that she had to get a breezeway to connect her detached garage to her own house. She saw a lot of extra buildings in the neighborhood and a true lack of enforcement. She thought there were a lot of other issues going on as well, and felt that granting the variance would make matters worse. Griswold directed the commission to the agenda packet and went through each of the findings required by SCC 15.10.325 Variances. The commission discussed each finding including: the reasonable use of the real property, special conditions or circumstances, and financial hardship or inconvenience. The commission also noted which issues were valid reasons for granting a variance. I City of Seward, Alaska June 4, 2024 Planning & Zoning Commission Meeting Minutes Volume 8, Page 62 The commission suspended the rules at 7:52 p.m. to hear from the applicant. Cemiglia said the apartment was already being built and now the breezeway requirement would eover up her back yard on a beautiful sunny day. The breezeway would annihilate the whole area. This breezeway was an afterthought, and she should have been informed prior to construction of the apartment dwelling. I The commission went back on the rules 7:56p.m. City Clerk Kris Peck noted that P&Z voting rules required a majority of the eommissioners present to pass a motion. In this instance, three affirmative votes would be required to pass Resolution 2024-013. Motion Failed Yes: Verhey No:Hornseth, Hubbard, Griswold UNFINISHED BUSINESS - None NEW BUSINESS Other New Business Recommendation to direct staff to bring the flooding of properties south of Dieckgraeff Road and proposed solutions to City Council as a discussion item I Bringhurst summarized the flooding issues in the area. The commission discussed the flooding issues. Griswold was concerned about the recommendation to add fill to the property on the west side of Birch Street and let the water flow towards the affected properties on the east side of Birch Street. Bringhurst said there were culverts under Dimond and Maple, but they would need to be cleaned out. The commission was in favor of sending this discussion item onto council for further consideration. Discuss Work Session topic for June 18, 2024 Bringhurst said the June 18, 2024 work session would feature a presentation from the Kenai Peninsula Borough regarding the Safe Streets Grant. Bringhurst also wanted to diseuss the P&Z priority list for the second half of the year. The third topic was optional and possible options included cannabis use, sign code, housing, or Comprehensive Plan discussion. IHubbard spoke in favor of the cannabis use in the Land Uses Allowed table. There was no objection from the commission. Planning & Zoning Commission Meeting Minutes Volume 8, Page 63 City of Seward, Alaska June 4, 2024 INFORMATIONAL ITEMS AND REPORTS I Reminder of Meetings Work session on Tuesday, June 18, 2024 at 6:00 p.m. Regular meeting on Tuesday, July 2, 2024 at 7:00 p.m. CITIZEN COMMENTS Kevin Quitberg, inside city limits, said he owned property in Forest Acres and was not connected to city water. In other cities like Anchorage, a person was allowed to drill a water well for a variety of reasons and were not required to be connected to the city water main. All the houses by Potter’s Marsh were on septic and wells. ITe said other agencies were surprised that the City of Seward would hold up building on property due to the water connectively issue. He felt that his land was currently worthless due to this requirement. The rules were suspended at 8:19 p.m. to allow Quitberg to continue speaking beyond the 5-minute limit. Quitberg continued that the city approved his septic and provided power, but he was unable to drill a well. With no connection to city water, he was unable to get a building permit for his vacant lot. Anchorage had the tightest rules in Alaska, but still allowed wells to be drilled. Quitberg said that his property was one of four lots that were not deed restricted in the 1977 replat, which was the reason he was allowed to get the septic. I COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Hubbard thanked the chair for running a great meeting. She looked forward to seeing everyone again at the next meeting. Verhey thanked the everyone for attending the meeting. She thanked the presenters for the fire station update, and thanked Community Development for all their hard work. Hornseth said tonight’s decision on the variance reflected that something was wrong with the zoning in this city. There were several properties being developed and the zoning was restricting people from doing what they wanted. In regard to the work session earlier, Hornseth mentioned the possibility of Seward having smaller fire trucks. Griswold said it was rewarding to be on P&Z, although tonight’s decision on the variance was very difficult. Griswold appreciated the audience members who spoke of their concerns. She appreciated the presentation during the Work Session about the fire station. Lastly, Griswold said there was still one vacancy on P&Z for a community member to help broaden their perspectives.I City of Seward, Alaska June 4, 2024 Planning & Zoning Commission Meeting Minutes Volume 8, Page 64 IBringhurst thanked the commissioners for attending the double-header on a suimy day. She echoed Griswold’s comments about having a variety of opinions and perspectives on the commission. Griswold also wanted to thank City Clerk Kris Peck and Executive Assistant Clara Brown for their work. ADJOURNMENT The meeting was adjourned at 8:34 p.m. Carol Griswoli Chair Kris Peck City Clerk (City Seal) SEAL 1 I I