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 December 10, 2020 6:30 PM Due to COVID-19, this meeting was conducted virtually. Due to the expected absence of Chair Hickok, Board Member McKay acted as Chair. A. ROLL CALL Present Dale Smythe, Dave Hale, Ellen McKay, Jackie Savina, Jonathan Lang, Monica Emerton, Skyler Quinn Excused Stephanie Aicher, Tanya Hickok Staff Elizabeth Appleby, Dave Whitfield B. MINUTES 1. Thursday, November 12, 2020 BOARD MEMBER EMERTON moved to approve the minutes. BOARD MEMBER HALE seconded. AYE: Smythe, Hale, McKay, Savina, Lang, Emerton, Quinn NAY: None PASSED C. SPECIAL ORDER OF BUSINESS / EXECUTIVE SESSIONS 1. Disclosures BOARD MEMBERS HALE and LANG disclosed that they will abstain from voting on the consent agenda as they were absent from the November 12 meeting. ZONING BOARD OF EXAMINERS AND APPEALS MEETING December 10, 2020 Page 2 of 4 D. CONSENT AGENDA 1. RESOLUTIONS FOR APPROVAL a. RESOLUTION: 2020-013 RELATED CASE: 2020-0127 PURPOSE: APPROVAL (RY) Request for variance from anchorage municipal code (amc) 21.06.020 table 21.06-1, table of dimensional standards-residential districts to allow a single-family dwelling to encroach into a required 25-foot front yard setback. 2. OTHER BOARD MEMBER EMERTON moved to approve the consent agenda. BOARD MEMBER QUINN seconded. AYE: Smythe, McKay, Savina, Emerton, Quinn NAY: None ABSTAINED: Hale, Lang PASSED E. APPEARANCE REQUEST - None F. UNFINISHED BUSINESS AND ACTIONS OF PUBLIC HEARINGS - None G. REGULAR AGENDA - None 1. Resolutions for Approval 2. Other H. PUBLIC HEARINGS 1. CASE: 2020-0135 (EA) PETITIONER: Michael and Christie Loughton REQUEST; Variance from AMC 21.06.020, Table 21.06-1: Table of Dimensional Standards - Residential Districts, AMC 21.05.070B.3 Dimensional Standards for Accessory Buildings and Structures, and AMC 21.05.070D.15 Outdoor Keeping of Animals to allow a barn, paddock, and treehouse to encroach into required yard setbacks ZONING BOARD OF EXAMINERS AND APPEALS MEETING December 10, 2020 Page 3 of 4 ELIZABETH APPLEBY presented the staff report and recommendations on behalf of the Municipality's Planning Department. CHRISTIE LOUGHTON provided a presentation on her own behalf. ACTING CHAIR MCKAY opened the hearing to public testimony. The following individual submitted an email request to be contacted by the Planning Department during the public hearing to testify via teleconference: AMANDA JENSEN There was no rebuttal testimony. ACTING CHAIR MCKAY closed the public hearing. BOARD MEMBER HALE moved in Case 2020-0135 to approve the variance, subject to Conditions 1 and 2 on page 5 of the staff report. BOARD MEMBER EMERTON seconded. BOARD MEMBER HALE noted that the property is shaped differently than most of the properties in the area and that adds to the fact that there are some physical circumstances. He spoke to the following standards: a) This standard is met. Most of the lots in that subdivision have a much narrower frontage along the road, so the front setback has significantly less square footage. If you were to put a 50-foot setback in there, that would be quite a bit of additional encumbrance to the use of that property, so there are extraordinary physical circumstances based strictly on that. It is much more cumbersome than what most of the neighbors have. b) With regard to strict application and undue hardship, this standard is met. That particular setback has less impact on the neighboring properties than it does on the subject property. Strict application also creates more of an encumbrance on this property than it does most of the neighbors. He finds that it does create an undue hardship and limits their usage. c) This standard is met as the hardship is not self-imposed. The property has changed hands three times prior to the current owners. The owners had nothing to do with the way the structures are encroaching on the land. d-g) He concurred with staff. h) Although there is room to relocate the structures, he thinks that with the cost being so prohibitive and because of the findings that he outlined in Standards A through C, the minimum reasonable variance would be just to leave it as it is and grant the variance. BOARD MEMBER EMERTON intends to support the motion and concurred with Board Member Hale. She added that part of the restrictions would be the local covenants that helped control where structures were placed when the property was built. AYE: Smythe, Hale, McKay, Savina, Lang, Emerton, Quinn ZONING BOARD OF EXAMINERS AND APPEALS MEETING December 10, 2020 Page 4 of 4 NAY: None PASSED I. REPORTS - None 1. Chair 2. Secretary 3. Committee J. BOARD MEMBERS' COMMENTS - None K. ADJOURNMENT BOARD MEMBER HALE moved to adjourn. BOARD MEMBER EMERTON seconded. AYE: Smythe, Hale, McKay, Savina, Lang, Emerton, Quinn NAY: None PASSED The meeting adjourned at 7:07 p.m.