Zoning Board of Examiners and Appeals

ZONING BOARD OF EXAMINERS AND APPEALS Assembly Chambers Z.J. Loussac Library 3600 Denali Street Anchorage, Alaska MINUTES OF November 12, 2020 6:30 PM Due to COVID-19, this meeting was conducted virtually. The audio/video recording system in the Assembly Chambers experienced technical difficulties, delaying the meeting. A. ROLL CALL at 7:04 p.m. Present Ellen McKay, Jackie Savina, Monica Emerton, Stephanie Aicher, Skyler Quinn, Tanya Hickok, Dale Smythe Excused Dave Hale, Jonathan Lang Staff Ryan Yelle B. MINUTES 1. Thursday, October 8, 2020 BOARD MEMBER AICHER moved to approve the minutes. PARLIAMENTARIAN EMERTON seconded. AYE: Smythe, McKay, Savina, Emerton, Aicher, Quinn, Hickok NAY: None PASSED C. SPECIAL ORDER OF BUSINESS / EXECUTIVE SESSIONS 1. Disclosures ZONING BOARD OF EXAMINERS AND APPEALS MEETING November 12, 2020 Page 2 of 5 CHAIR HICKOK disclosed that she did not attend the October 8th meeting and will abstain from voting on the consent agenda. D. CONSENT AGENDA 1. Resolutions for Approval a. Resolution: 2020-011 Related Case: 2020-0121 Purpose: APPROVAL (RY) Request for Variance from Anchorage Municipal Code (AMC) Section 21.07.020B.9 to allow a fence and structure to encroach into a 25' stream setback. b. Resolution: 2020-012 Related Case: 2020-0123 Purpose: APPROVAL (RY) Request for Variance from Anchorage Municipal Code (AMC) Section 21.06.020 Table 21.06-1: Table of Dimensional Standards-Residential Districts to allow arctic entry to encroach into front setback. 2. Other BOARD MEMBER AICHER moved to approve the consent agenda. BOARD MEMBER MCKAY seconded. AYE: Smythe, McKay, Savina, Emerton, Aicher, Quinn NAY: None ABSTAIN: Hickok PASSED E. APPEARANCE REQUEST - None F. UNFINISHED BUSINESS AND ACTIONS OF PUBLIC HEARINGS - None G. REGULAR AGENDA - None 1. Resolutions for Approval ZONING BOARD OF EXAMINERS AND APPEALS MEETING November 12, 2020 Page 3 of 5 2. Other H. PUBLIC HEARINGS 1. CASE: 2020-0127 (RY) PETITIONER: Beth Meyer and John Fahlin REQUEST: Variance from AMC 21.06.020A., Table 21.06-1: Table of Dimensional Standards – residential Districts to allow a single-family home to encroach 12 feet into a required 25-foot front yard setback. RYAN YELLE presented the staff report and recommendations on behalf of the Municipality's Planning Department. He read into the record the names of those that had submitted late comments. BETH MEYER provided a presentation on her own behalf. CHAIR HICKOK opened the hearing to public testimony. There was no public testimony. MS. MEYER provided brief rebuttal testimony. CHAIR HICKOK closed the public hearing BOARD MEMBER MCKAY moved in Case 2020-0127 to approve a variance from AMC 21.06.020A., Table 21.06-1 Table of Dimensional Standards - Residential District to allow a single-family home to encroach 12 feet into a required 25-foot front yard setback, subject to Conditions 1 and 2 shown on page 6 of the staff report. PARLIAMENTARIAN EMERTON seconded. BOARD MEMBER MCKAY intends to support the motion and addressed the following standards: a) The significant topography and unique geometry do present exceptional and extraordinary physical circumstances. b) The same finding as Standard A. c) She struggled a bit with this because the addition was constructed without a building permit. If this had come before the Board prior to construction, the resulting encroachment would most likely have been approved because of the physical condition of the lot. d, e, f, g) She concurred with staff’s findings. ZONING BOARD OF EXAMINERS AND APPEALS MEETING November 12, 2020 Page 4 of 5 h) This is the minimum variance necessary to make a reasonable use of the land without demolishing the house. PARLIAMENTARIAN EMERTON agreed with Board Member McKay’s findings that Standards A and B are partially met. With regard to Standard H, the petitioner is dealing with a house that has had several different updates happening and are trying to make the groundwork the way it would work best for the house. That would be harder to do with the way the building codes are now related to earthquakes and such. It tends to lead a little more into the encroachments given the slopes they have happening. She intends to support the motion. CHAIR HICKOK stated the following findings: 1. Standard C is met. The petitioner did state that they did not know there were permitting requirements. It is also met due to the special conditions and circumstances with the steep topography of the property. 2. Standard H is met. It is the minimum variance of the house that has been reconstructed, according to Ms. Meyer, to meet municipal code standards. Therefore, it would be the minimum in order to not make this a financial hardship on the applicant. MR. YELLE informed the Board that, when making findings, it could set a dangerous precedence if ignorance of the regulations is used as a finding to grant a variance. One of the findings stated was that the petitioner was unaware of the requirements and he cautioned the Board from having that as a finding on record. PARLIAMENTARIAN EMERTON requested to remove the petitioner’s ignorance obtaining a permit as a finding eliminating the risk of setting a bad precedence. AYE: Smythe, McKay, Savina, Emerton, Aicher, Quinn, Hickok NAY: None PASSED The Board voted unanimously in favor of the variance with the deletion of the one finding. I. REPORTS - None 1. Chair 2. Secretary ZONING BOARD OF EXAMINERS AND APPEALS MEETING November 12, 2020 Page 5 of 5 3. Committee J. BOARD MEMBERS' COMMENTS CHAIR HICKOK appreciated everyone’s patience during the technical difficulties. K. ADJOURNMENT BOARD MEMBER MCKAY moved to adjourn. PARLIAMENTARIAN EMERTON seconded. AYE: Smythe, McKay, Savina, Emerton, Aicher, Quinn, Hickok NAY: None PASSED The meeting adjourned at 7:40 p.m.