City and Borough Assembly

ASSEMBLY CHAMBERS CITY AND BOROUGH OF SITKA 330 Harbor Drive Sitka, AK (907)747-1811 Minutes - Final City and Borough Assembly Mayor Mim McConnell Deputy Mayor Matt Hunter Vice-Deputy Mayor Benjamin Miyasato Aaron Swanson, Steven Eisenbeisz Tristan Guevin, and Michelle Putz Municipal Administrator: Mark Gorman Municipal Attorney: Robin L. Koutchak Municipal Clerk: Sara Peterson, CMC Thursday, May 28, 2015 5:00 PM Assembly Chambers SPECIAL MEETING I. CALL TO ORDER II. FLAG SALUTE III. ROLL CALL Present: 5 - McConnell, Miyasato, Eisenbeisz, Guevin, and Putz Absent: 2 - Hunter, and Swanson IV. PERSONS TO BE HEARD None. V. NEW BUSINESS: A 15-086 Board of Adjustment: Approve a conditional use permit filed by James Harrigan for an accessory dwelling unit at 1610 Davidoff Street A motion was made by Miyasato to CONVENE as the Board of Adjustment. The motion PASSED by a unanimous voice vote. Planning and Community Development Director, Maegan Bosak, provided an overview of the request and applicant, James Harrigan, gave a brief summary of the property. Guevin noted the request was consistent and compatible with the Comprehensive Plan. A motion was made by Miyasato to APPROVE a conditional use permit filed by James Harrigan for an accessory dwelling unit at 1610 Davidoff Street, and further, adopt the conditions and findings as recommended by the Planning Commission and request that they are listed in their entirety as part of the CITY AND BOROUGH OF SITKA Page 1 City and Borough Assembly Minutes - Final May 28, 2015 official record. Required Findings 1. The city may use design standards and other elements in this code to modify the proposal. A conditional use permit may be approved only if all of the following findings can be made regarding the proposal and are supported by the record that the granting of the proposed conditional use permit will not: a. Be detrimental to the public health, safety, and general welfare; b. Adversely affect the established character of the surrounding vicinity; nor c. Be injurious to the uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located. 2. The granting of the proposed conditional use permit is consistent and compatible with the intent of the goals, objectives and policies of the comprehensive plan and any implementing regulation, specifically, to seek out ways to make housing more affordable for all Sitkans through various measures including: A. Developing more affordable housing opportunities, including single family homes and multi-family homes and multi-family dwellings. 3. All conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced. 4. The proposed use will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety and welfare of the community from such hazard. 5. The conditional use will be supported by, and not adversely affect, adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services. 6. Burden of Proof. The applicant has the burden of proving that the proposed conditional use meets all of the criteria in subsection B of this section. General approval criteria are as follows: 1. Site topography, slope and soil stability, geophysical hazards such as flooding, surface and subsurface drainage and water quality, and the possible or probable effects of the proposed conditional use upon these factors; 2. Utilities and service requirements of the proposed use, including sewers, storm drainage, water, fire protection, access and electrical power; the assembly and planning commission may enlist the aid of the relevant public utility officials with specialized knowledge in evaluating the probable effects of the proposed use and may consider the costs of enlarging, upgrading or extending public utilities in establishing conditions under which the conditional use may be permitted; 3. Lot or tract characteristics, including lot size, yard requirements, lot coverage and height of structures; 4. Use characteristics of the proposed conditional use that affect adjacent uses and districts, including hours of operation, number of persons, traffic volumes, off-street parking and loading characteristics, trash and litter removal, exterior lighting, noise, vibration, dust, smoke, heat and humidity, recreation and open space requirements; 5. Community appearance such as landscaping, fencing and screening, dependent upon the specific use and its visual impacts. CITY AND BOROUGH OF SITKA Page 2 City and Borough Assembly Minutes - Final May 28, 2015 Conditions 1. The facility shall be operated consistent with the application and plans that were submitted with the request. 2. The Planning Commission, at its discretion, may schedule a public hearing at any time following the first year of operation for the purpose of resolving issues with the request and mitigating adverse impacts on nearby properties. 3. Failure to comply with any of the conditions may result in revocation of the conditional use permit. The motion PASSED by the following vote. Yes: 5- McConnell, Miyasato, Eisenbeisz, Guevin, and Putz Absent: 2- Hunter, and Swanson B 15-087 Board of Adjustment: Approve a conditional use permit filed by the Greater Sitka Arts Council for an extension of a nonconforming use at 304 Baranof Street Maegan Bosak, Planning and Community Development Director, provided a summary of the request. Bosak explained the two story building had been leased to professional offices in the past and explained the applicant was planning to use the building for office, exhibit and storage space. In addition, Bosak explained there was a dwelling unit above which the applicant planned to rent. Assembly members noted the request was in conformance with the Comprehensive Plan. A motion was made by Miyasato to APPROVE a conditional use permit filed by the Greater Sitka Arts Council for an extension of a nonconforming use at 304 Baranof Street, and further, adopt the conditions and findings as recommended by the Planning Commission and request that they are listed in their entirety as part of the official record. Required Findings 1. The city may use design standards and other elements in this code to modify the proposal. A conditional use permit may be approved only if all of the following findings can be made regarding the proposal and are supported by the record that the granting of the proposed conditional use permit will not: a. Be detrimental to the public health, safety, and general welfare; b. Adversely affect the established character of the surrounding vicinity; nor c. Be injurious to the uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located. 2. The granting of the proposed conditional use permit is consistent and compatible with the intent of the goals, objectives and policies of the comprehensive plan and any implementing regulation; specifically: To encourage commercial and industrial developments of a quality that does not adversely impact any adjacent recreational and residential areas. 3. All conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced. 4. The proposed use will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety and welfare of the community from such hazard. 5. The conditional use will be supported by, and not adversely affect, CITY AND BOROUGH OF SITKA Page 3 City and Borough Assembly Minutes - Final May 28, 2015 adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services. 6. Burden of Proof. The applicant has the burden of proving that the proposed conditional use meets all of the criteria in subsection B of this section. General approval criteria are as follows: 1. Site topography, slope and soil stability, geophysical hazards such as flooding, surface and subsurface drainage and water quality, and the possible or probable effects of the proposed conditional use upon these factors; 2. Utilities and service requirements of the proposed use, including sewers, storm drainage, water, fire protection, access and electrical power; the assembly and planning commission may enlist the aid of the relevant public utility officials with specialized knowledge in evaluating the probable effects of the proposed use and may consider the costs of enlarging, upgrading or extending public utilities in establishing conditions under which the conditional use may be permitted; 3. Lot or tract characteristics, including lot size, yard requirements, lot coverage and height of structures; 4. Use characteristics of the proposed conditional use that affect adjacent uses and districts, including hours of operation, number of persons, traffic volumes, off-street parking and loading characteristics, trash and litter removal, exterior lighting, noise, vibration, dust, smoke, heat and humidity, recreation and open space requirements; 5. Community appearance such as landscaping, fencing and screening, dependent upon the specific use and its visual impacts. Conditions 1. The facility shall be operated consistent with the application and plans that were submitted with the request. 2. The Planning Commission, at its discretion, may schedule a public hearing at any time following the first year of operation for the purpose of resolving issues with the request and mitigating adverse impacts on nearby properties. 3. Failure to comply with any of the conditions may result in revocation of the conditional use permit. 4. Applicant will submit a detailed parking plan. The motion PASSED by the following vote. Yes: 5- McConnell, Miyasato, Eisenbeisz, Guevin, and Putz Absent: 2- Hunter, and Swanson A motion was made by Miyasato to RECONVENE as the Assembly in regular session. The motion PASSED by unanimous voice vote. VI. ADJOURNMENT A motion was made by Miyasato to ADJOURN. Hearing no objection the meeting ADJOURNED at 5:15pm. ATTEST: __________________________ Sara Peterson, CMC Municipal Clerk CITY AND BOROUGH OF SITKA Page 4