Planning Commission

CITY AND BOROUGH OF SITKA Minutes - Final Planning Commission Wednesday, April 19, 2023 7:00 PM Harrigan Centennial Hall I. CALL TO ORDER AND ROLL CALL Present: Darrell Windsor (Acting Chair), Stacy Mudry, Wendy Alderson, Thor Christianson (Assembly liaison) Absent (Excused): Chris Spivey, Katie Riley Staff: Amy Ainslie, Coral Crenna, Kim Davis Public: Tyler McCarty, Cooper Harden, Nathaniel Snyder, Kai Malicoat, Shannon Haughland (Sitka Sentinel) Acting Chair Windsor called the meeting to order at 7:02 PM. II. CONSIDERATION OF THE AGENDA III. CONSIDERATION OF THE MINUTES A PM 23-06 M-Mudry/S-Alderson moved to approve the April 5, 2023, meeting minutes. Motion passed 3-0 by voice vote. IV. PERSONS TO BE HEARD V. PLANNING DIRECTOR’S REPORT Ainslie reported the summer season was quickly approaching with the first Lincoln Street closure occurring on May 4th. The Planning Department had placed a closure calendar on their website. The Tourism Task Force members would be appointed at the April 25 Assembly meeting. Finally Youth Advocates of Sitka (YAS) had filed for appeal of CUP 22-07 located at 3411 Halibut Point Road. It would be on one of the May Assembly meetings and staff would provide commissioners with a meeting date when finalized. VI. REPORTS VII. THE EVENING BUSINESS B CUP 23-08 Ainslie introduced a conditional use permit for a short-term rental at 1301 A Georgeson Loop. The property had a main house with five bedrooms and three and a half baths. This was the applicants primary residence. The apartment over the garage was a one bed, one bath and was used as a long-term rental. Both applicants CITY AND BOROUGH OF SITKA Page 1 Planning Commission Minutes - Final April 19, 2023 were Sitka School District employees who would rent the house during the summer break and a management company would operate the rental. There was a 10 guest maximum and parking would be limited to two cars. There was ample parking space available with seven spaces on the property. Quiet hours were listed in the renter handout from 8 PM-8 AM. The property was setback from Georgeson Loop and buffered by a green belt and Keet Gooshi Heen Elementary School at the rear with shrubbery buffering the sides. Staff recommended approval. The applicant Tyler McCarty was present and clarified the trash was to be stored in the garage until pick-up day. Alderson confirmed with McCarty that the apartment was used as a long-term rental and would remain as such. Commissioners had no other discussion. There was no public comment. M/Mudry-S/Alderson moved to approve the conditional use permit for a short-term rental at 1301 A Georgeson Loop in the R-1-single-family/duplex residential district subject to the attached conditions of approval. The property was also known as Lot 26, Gavan Subdivision. The request was filed by Tyler and Jael McCarty. The owners of record were Tyler and Jael McCarty. Motion passed 3-0 by voice vote. M/Mudry-S/Alderson moved to adopt and approve the required findings for conditional use permits as listed in the staff report. Motion passed 3-0 by voice vote. C CUP 23-09 Ainslie introduced a conditional use permit for a eating and drinking place at 4639 Sawmill Creek Road (Fortress of the Bear). This was for placement of a 5'x4' food cart located on the south side of the main building to operate from 9 AM - 5 PM. There were two other permits issued for food carts by the north side of the building. Lines would be queued towards the employee parking lot and away from traffic. Staff recommended approval. Applicants Nathaniel Snyder and Cooper Harden were present. They added their menu had changed to sandwiches, soups, and salads due to the commissary kitchen where they were preparing food, responding to a question from Alderson regarding food preparation. There was no public comment. Commissioners had no further discussion. M/Alderson-S/Mudry moved to approve the conditional use permit for an eating and drinking place at 4639 Sawmill Creek Road in the GP–Gary Paxton special zone, subject to the attached conditions of approval. The property was also known as Sawmill Cove Industrial Park Resubdivision No. 1. The request was filed by Nathaniel Snyder and Cooper Harden. The owner of record was City and Borough of Sitka. Motion passed 3-0 by voice vote. M/Alderson-S/Mudry moved to adopt and approve the required findings for conditional use permits as listed in the staff report. Motion passed 3-0 by voice vote. D VAR 23-03 Ainslie introduced a variance request to reduce the front setback from 10' to 0', rear setback from 8' to 0', increase the height of a structure by 2' to facilitate the construction of an accessory dwelling unit with garage and reduce parking by two spaces at 2406 Halibut Point Road (HPR). This was a corner lot with two fronts and two rears. There was significant elevation of surrounding properties as well as a year CITY AND BOROUGH OF SITKA Page 2 Planning Commission Minutes - Final April 19, 2023 round stream running through the property. The lot depth was shallow which limited the opportunities for expansion. The property abutted HPR but there was about 65' from the property line to the edge of the asphalt. A variance had previously been approved in 2013 (but since expired) for a front setback reduction from 10' to 2' to facilitate a garage. Ainslie explained the maximum height of a accessory dwelling unit (ADU) was 25' or the height of existing, principal structure, whichever was lower. The existing house was 21' and the garage/ADU had two floors at 22' 4" rounded up to 2' for a total of 23'. There were no view impacts anticipated for the surrounding properties. There were four parking spaces required, two per dwelling unit. Under the previous 2013 variance, staff and the Commission at the time had concluded that the parking requirements for two spaces could be met with spaces inside the garage. While this interpretation was generally discouraged under the current department, Ainslie felt there wasn't good cause to change the interpretation previously made under this case. There was space in the unusually large platted right-of-way (ROW), and adjacent properties had different roads and driveways for access so they would not be impacted by parking in the ROW. Staff tentatively recommended approval, noting that the truly unique combination of special circumstances in this case warranted special consideration. The applicant Kai Malicoat was present. Responding to Commissioner questions, he explained proposed changes to the retaining wall at the rear of the proposed structure. Malicoat intended to maintain space for parking in the garage and there was space to park in the ROW which was a quasi-driveway to the property. Alderson asked if an engineer was required when digging into the slope and moving the retaining wall. Malicoat stated he had been issued a grading permit and had consulted with excavation companies. Staff clarified that the grading permit process provided oversight for the work and would determine whether an engineered design would be required. A letter was read into public comment from Robin and Rob Allen, concerning the rear setback and excavation of the rock wall, reduction in parking, and current storage on the site/in the undeveloped ROW. Commissioners discussed the use of the ROW for parking and how close the ADU would be to the ROW. They asked the applicant back to answer questions regarding the extra vehicles and equipment stored in the ROW. Malicoat stated he would be cleaning up the property and moving equipment around. He also had off site storage available to store his equipment. Commissioners conveyed the importance of following through with these changes. M/Mudry-S/Alderson moved to approve the zoning variance at 2406 Halibut Point Road in the R-1 MH single-family, duplex, and manufactured home district subject to the attached conditions of approval. The property was also known as Lot C-7 Kuhnle Subdivision. The request was filed by Maggie Dunlap and Kai Malicoat. The owner of record was Maggie Dunlap. Motion passed 3-0 by voice vote. M/Mudry-S/Alderson moved to adopt and approve the required findings for variances involving major structures or expansions as listed in the staff report. Motion passed 3-0 by voice vote. E CUP 23-10 Ainslie introduced a conditional use permit for a accessory dwelling unit (ADU) at CITY AND BOROUGH OF SITKA Page 3 Planning Commission Minutes - Final April 19, 2023 2406 Halibut Point Road (HPR). The property was already developed with a single-family home. The proposed structure was a two-story ADU, with a two-car garage on the first floor and a one bedroom, one bath dwelling unit on the second floor. Ainslie explained the development standards regarding ADUs which had been discussed in the previous item, and reviewed the proposal against the fourteen ADU requirements in the zoning code. The majority of the requirements were met, and where unmet, had been addressed through the granted variance. Staff recommended approval. The applicant Kai Malicoat was present. Alderson wanted the applicant to understand the ADU would not be used as a short-term rental, Malicoat confirmed it would be for personal or long-term rental use. There was no public comment. Commissioners had approved the parking reduction under VAR 23-03. Windsor asked about power lines and how close one could build to a line or pole. Staff would follow up with the Electric Department for standards. M/Alderson-S/Mudry moved to approve the conditional use permit for an accessory dwelling unit at 2406 Halibut Point Road in the R-1 MH-single-family/duplex/manufactured home district subject to the attached conditions of approval. The property was also known as Lot C-7 Kuhnle Subdivision. The request was filed by Maggie Dunlap and Kai Malicoat. The owner of record was Maggie Dunlap. Motion passed by voice vote 3-0. M/Alderson-S/Mudry moved to adopt and approve the required findings for conditional use permits as listed in the staff report. Motion passed by voice vote 3-0. VIII. ADJOURNMENT Hearing no objections, Acting Chair Windsor adjourned the meeting at 8:23 PM. CITY AND BOROUGH OF SITKA Page 4