Planning Commission

CITY AND BOROUGH OF SITKA Minutes - Final Planning Commission Wednesday, May 3, 2023 7:00 PM Harrigan Centennial Hall I. CALL TO ORDER AND ROLL CALL Present: Chris Spivey (Chair), Darrell Windsor, Stacy Mudry, Wendy Alderson, Katie Riley, Thor Christianson (Assembly liaison) Staff: Amy Ainslie, Coral Crenna, Kim Davis Public: Nancy Behnken, Peter Teichmann, Christa Teichmann, Adam Olsen, James Poulson (Sitka Sentinel) Chair Spivey called the meeting to order at 7:00 PM. II. CONSIDERATION OF THE AGENDA III. CONSIDERATION OF THE MINUTES A PM 23-07 M-Mudry/S-Alderson moved to approve the April 19, 2023, meeting minutes. Motion passed 5-0 by voice vote. IV. PERSONS TO BE HEARD V. PLANNING DIRECTOR’S REPORT Ainslie reported Youth Advocates of Sitka had appealed CUP 23-07 and the Assembly would hear the item on May 9. The first Lincoln Street closure would be on May 4, and thanks were given to the Public Works Department for all of their help. Ainslie also stated that the May 17 regular meeting might be canceled. Riley asked about the new left turn lane at Lake and Lincoln Street intersection. Ainslie stated the Department of Transportation had planned to start work on the reconfiguration as soon as the upcoming weekend. Alderson asked about the use of Baranof school parking lot, and whether a proposal to use it as a cruise passenger bus terminal was moving forward. Ainslie clarified no proposals had been submitted and there would be a public process for any change in the use of the property. Riley asked about the Tourism Task Force and if any tourism related issues were to be reviewed by the Planning Commission. Ainslie commented the Tourism Task Force may be evaluating regulations regarding tourism, but they would not be making any changes to the zoning code. Christianson also commented they might be reviewing regulations as they related to tourism, such as food carts. He stated they may not meet this summer but there was a possibly for a future joint meeting with the Planning Commission. Alderson stated she had concerns about the variance at 2406 Halibut Point Road and the amount of items in the right-of-way. Staff said they would reach out CITY AND BOROUGH OF SITKA Page 1 Planning Commission Minutes - Final May 3, 2023 to the applicant. VI. REPORTS VII. THE EVENING BUSINESS B VAR 23-04 Ainslie introduced a variance request at 106 Kelly Street for a reduction of the front setback from 14' to 8'. This was a substandard lot at 5,375 SF, the current standard lot size was 6,000 SF. The reduction would accommodate a 10-foot fire separation between the two proposed single-family homes on the lot, and a covered deck with stairs on front of one home. There was already a small, 220 square foot single-family home on the property and the proposed second single-family home would be 396 square feet. There was space for four parking spaces and this was in line with the comprehensive plan to encourage higher density development. Staff recommended approval. Spivey asked staff what the maximum allowable lot coverage was, staff stated it was 50%. The applicant Nancy Behnken was present. She stated this variance would allow her to place another tiny house on the lot for a small, affordable, long-term rental. Windsor had no problems with the variance as this was a dead-end street. Alderson liked the idea of the tiny homes. M/Alderson-S/Riley moved to approve the zoning variance for a reduction to the front setback at 106 Kelly Street in the R-2 multifamily residential district subject to the attached conditions of approval. The property was also known as Lot Four, Block One, Mission Plat. The request was filed by Nancy Behnken. The owner of record was Nancy Behnken. Motion passed 5-0 by voice vote. M/Alderson-S/Riley moved to adopt and approve the required findings for variances involving major structures or expansions as listed in the staff report. Motion passed 5-0 by voice vote. C MISC 23-06 Ainslie introduced a modification of CUP 22-23, which was approved in August of 2022 prior to the code change of short-term rentals (STRs). The property was being changed from a single-family home to a duplex. The southern unit would have three bedrooms, two bathrooms and space for three parking spaces; this unit would have a guest maximum of four. The northern unit would have one bedroom, one bathroom and two parking spaces; this unit would have a guest limit of two. The guest limit for the property would not exceed six guests which was consistent with the condition of approval placed on the original permit. The attached garage had exterior access only so that both units could utilize it for trash storage. There were limited additional impacts with the potential of increased vehicle traffic. The short term rental density would be increased, but it would also increase housing density generally which was encouraged by the comprehensive plan. Staff recommended approval. The applicant Christa Teichmann was present. She stated this amendment would provide them with extra space for their visiting family and extra income during the summer. In the winter months this was a long-term rental. Alderson asked if this was their primary residence, Teichmann stated it was not. Riley and Alderson were concerned with the precedent this could set, as the recent code change for STRs CITY AND BOROUGH OF SITKA Page 2 Planning Commission Minutes - Final May 3, 2023 required the property to be the applicant's primary residence in residential zones. Staff clarified that the permit and proposed modification were consistent with the regulations in place when the original permit was approved. Ainslie explained that they were in a transition phase with older permits still in use and new permits being issued under the new code. With the natural attrition of permits as observed through annual reporting, she expected prior STRs approved under the old code would largely phase out over time. Alderson asked if there was a limit on how many STRs could be on one permit. Staff stated there were no limitations on the number of STRs under one permit. Riley asked that renter handout include instructions to not clean fish or dispose of fish waste on-site to limit bear and human interactions. M/Mudry-S/Windsor moved to approve the modification to CUP 22-23 for short-term rentals at 2316 Halibut Point Road in the R-2 MHP multifamily/mobile home district subject to the attached conditions of approval. The property was also known as Portion Two, Subdivision of Lot ‘L’, U.S. Survey 2750. The request was filed by Christa Teichmann. The owner of record was Teichmann LLC. Motion passed 5-0 by voice vote. M/Mudry-S/Windsor moved to adopt and approve the required findings for conditional use permits as listed in the staff report. Motion passed 5-0 by voice vote. D MISC 23-07 Ainslie introduced a modification to VAR 21-07, which was approved in June of 2021. The prior variance reduced the front setback at the northwestern corner, the side setback at the southeastern corner and the entire rear (southeastern) setback to facilitate construction of a new fish hatchery building. To gain additional lot space, applicants pursued and were granted a lot merger of their two leased lots, which removed side setback requirement. Misinterpretation of the approved VAR 21-07 led the design of the structure to be within the front setback, encroaching into 10 foot setback along the entire front of the structure. The applicants requested to reduce the entire front setback to zero feet. The Gary Paxton special district (GP) was intended for industrial use with high traffic expected, negative impacts from the proposal were not expected. The front of the structure, along the access, would have large roll up doors that would have limited use due to the seasonal industry. This design was consistent with placement of other large, roll up doors directly adjacent to the property lines on other lots in the GP zone. While the lot size was long, it was fairly shallow and had an existing structure which limited placement of the new structure. Ainslie also noted that hatcheries are unique in that they require expansive horizontal square footage which could not be substituted for vertical building space, necessitating more lot coverage. This request was consistent with the comprehensive plan goal to encourage the marine and fishing industries in GP. Staff recommended approval. Commissioners inquired if GP zoning provisions would be changing to bring the regulation of allowable uses under the purview of the Planning Commission like the other zoning districts. Ainslie answered that to her understanding, it was still the intent to make this change pending finalization of the plans to build a marine vessel haulout in the area. The applicant, Adam Olsen, NSRAA operation manger, apologized for the misunderstanding regarding interpretation of the originally granted variance. The original variance was approved in 2021 during their initial design phase. As the plans progressed, it became evident that the structure would need to be larger. Olsen also CITY AND BOROUGH OF SITKA Page 3 Planning Commission Minutes - Final May 3, 2023 provided clarification to questions regarding the location of parking spaces on the lot. M/Alderson-S/Windsor moved to approve the modification to the zoning variance granted at Lot 1, Hatchery Subdivision in the GP Gary Paxton Special District subject to the attached conditions of approval. The request was filed by the Northern Southeast Regional Aquaculture Association. The owner of record was the City and Borough of Sitka. Motion passed 5-0 by voice vote. M/Alderson-S/Windsor moved to adopt and approve the required findings for variances involving major structures or expansions as listed in the staff report. Motion passed 5-0 by voice vote. VIII. ADJOURNMENT Hearing no objections, Chair Spivey adjourned the meeting at 7:49 PM. CITY AND BOROUGH OF SITKA Page 4