ZONING BOARD OF EXAMINERS AND APPEALS Assembly Chambers Z.J. Loussac Library 3600 Denali Street Anchorage, Alaska. MINUTES OF December 8, :30 PM

Transcription

1 A. ROLL CALL ZONING BOARD OF EXAMINERS AND APPEALS Assembly Chambers Z.J. Loussac Library 3600 Denali Street Anchorage, Alaska MINUTES OF December 8, :30 PM Present Excused Staff Timothy Vig Dean Karcz Jeff Raun Anne Denny Kate Williams Dale Patrick Jon Dunham Joshua Fink Deanna Wlad Sharon Ferguson Margaret O'Brien Karen Iverson B. MINUTES - C. SPECIAL ORDER OF BUSINESS / EXECUTIVE SESSIONS 1. Disclosures BOARD MEMBER VIG disclosed in Case that his company had prepared reports in 1995 that were updated in 2009 on this subject property and have an ongoing work relationship with the applicant on other projects. He has no financial or personal interest in this case and can remain impartial. BOARD MEMBER DUNHAM moved to direct Board Member Vig to participate in Case BOARD MEMBER KARCZ seconded. ABSTAIN: Dunham, Patrick, Williams, Denny, Raun, Karcz Vig

2 December 8, 2011 Page 2 of 7 D. CONSENT AGENDA 1. Resolutions for Approval a. Resolution: Related Case: Purpose: APPROVAL (AWB) Variances from: 1) AMC to allow a) a fence in a reduced front yard setback on Brenner Circle and on Alyeska Hwy., b) a fence in the setback to exceed the 30% yard perimeter limit; and 2) AMC to allow a fence within a stream setback all in the gr-1 (Alyeska Highway Mixed Residential) zoning district. Brenner, Lot 2 generally located north of Brenner Court and east of Alyeska Hwy. 2. Other b. Resolution: Related Case: Purpose: APPROVAL (FDM) Variances in the R2M (Multiple Family Residential) Zoning District from 1) AMC G.1. (Minimum yard requirements) to allow a garage to encroach into the front yard setback and 2) AMC B. (Accessory buildings) to allow a greenhouse closer than ten feet to the principle structure. Country Estates Subdivision, Block 3, Lot 15. Generally located south of East 11th Court, north of East 12th Court and west of Lalande Place. c. Resolution: Related Case: Purpose: APPROVAL (AWB) Variance in the R-3 (Multiple Family Residential) Zoning District from AMC G. & A (Required 5-foot side yard setback) to allow an existing house to encroach 1.5 feet (18 inches) into the side yard. Nels Kleven Subdivision, Lot 1 E2, S3, W2, Block 4. Generally located north of Thompson Avenue, east of N. Hoyt Street and west of N. Bunn Street. BOARD MEMBER VIG moved to approve the consent agenda. BOARD MEMBER KARCZ seconded. Dunham, Patrick, Williams, Denny, Raun, Karcz E. APPEARANCE REQUEST - F. UNFINISHED BUSINESS AND ACTIONS OF PUBLIC HEARINGS -

3 December 8, 2011 Page 3 of 7 G. REGULAR AGENDA - 1. Resolutions for Approval 2. Other H. PUBLIC HEARINGS 1. CASE: (MRO) PETITIONER: Alaska Housing Finance Corporation REQUEST: Variance for minimum lot size MARGARET O BRIEN presented the staff report and recommendations on behalf of the RON GOUGHNOUR provided a presentation on behalf of the petitioner. CHAIR RAUN opened the hearing to public testimony. There was no public testimony. There was no rebuttal testimony. CHAIR RAUN closed the public hearing. BOARD MEMBER KARCZ moved in Case to grant a variance to allow construction of a four-plex structure on a 9,688 square foot lot in the R-2M district that does not meet the minimum 11,000 square foot lot size required by AMC F.1, subject to staff recommendations 1 through 8 on pages 8 and 9 of the staff packet. BOARD MEMBER DUNHAM seconded. BOARD MEMBER KARCZ stated that although he appreciated comments from the petitioner s representative, he did not intend to support the motion finding that Standards 1, 2 and 3 are not met. He concurred with staff that Standards 4, 5 and 6 are met, but is unsure if Standard 7 is met. He has not been persuaded that there extraordinary circumstances that are applicable to this specific variance and it does not appear that there are any physical attributes of the lot that would prevent the property from being developed in a conforming manner. A conforming alternative would be to construct a tri-plex structure on the lot that would not require a variance which speaks to Standards 1, 2 and 3. For these reasons, he does not intend to support the motion. BOARD MEMBER DUNHAM stated that he also would not be supporting the motion. He concurred with the findings of Board Member Karcz. It is admirable that the petitioner wants to provide additional housing. If we were to consider that it is more financially viable to build a four-plex, then we would be setting a precedent that would have to be applied to other applicants in the future. One of the standards we have to consider is whether the variance request is merely a pecuniary hardship.

4 December 8, 2011 Page 4 of 7 BOARD MEMBER DENNY was in agreement with the findings of Board Members Karcz and Dunham, and staff. He also does not intend to support the motion. Reviewing the plans, the living quarters appear to be substandard and the easements are being used to comply with the required 400 square foot open space area. BOARD MEMBER VIG found that the petitioner is an agency charged with providing housing in compliance with HUD requirements, which are very strict and could be considered extraordinary circumstances when there is a shortage of 862 single-bedroom units in the municipality. This is a hardship for an agency like AHFC to try to overcome meaning Standard 1 could be considered substantially met. CHAIR RAUN does not intend to the support the motion. Standards 1 and 3 need more than just the financial ties described by the petitioner. Williams, Vig Dunham, Patrick, Denny, Raun, Karcz FAILED 2. CASE: (KRI) PETITIONER: Wendy Jennings REQUEST: Variance for an encroachment into the required yard setbacks KAREN IVERSON presented the staff report and recommendations on behalf of the WENDY JENNINGS provided a presentation on her own behalf. CHAIR RAUN opened the hearing to public testimony. The following individual testified: LARRY PETERSEN BOARD MEMBER WILLIAMS moved in Case to grant variances in the GR-1 (Alyeska Highway Mixed Residential) zoning district from 1) AMC (Stream protection setback) to allow a proposed structure to encroach into the stream protection setback; and 2) AMC B (Dimensional standards table) to allow encroachment into yard setbacks), subject to Conditions 1 through 3 on pages 6 and 7 of the staff packet. BOARD MEMBER DENNY seconded. BOARD MEMBER WILLIAMS intends to support the motion and agreed with staff and their findings for Standards 1, 2, 4, 5, 6 and 7. She disagreed on Standard 3 believing that it is substantially met because of the physical circumstances of the property including the fact that it is smaller than other lots in the area, and there are three frontages and the large stream setback. The need for the variance is not a result of the actions of the petitioner. The accident with the snow was completely outside of the petitioner s control. Staff had mentioned that the nonconforming rights were lost when the amount of damage was greater than 50 percent of the cost to replace. Had the property not been rezoned after the petitioner purchased it, they would have been able to reconstruct the carport or build

5 December 8, 2011 Page 5 of 7 the garage with the room above it. In regard to Standard 4, the neighbor and the community council supports the petitioner s request. She noted with regard to Standard 7 and the justifications that staff provided, she also thinks this is the minimum and the petitioner is going to construct the garage in the exact same footprint as the previous carport. BOARD MEMBER DENNY agreed with Board Member Williams. In Part B of Standard 3, she believes the reason the petitioner is having to apply for a variance is for the fact that it was rezoned; and the additional 25-foot stream setback was added, which inhibited having the garage rebuilt in the original location. She plans to support the motion. Dunham, Patrick, Williams, Denny, Raun, Karcz, Vig 3. CASE: (MRO) PETITIONER: Alison Smith & Kurt Egelhofer REQUEST: Variance for an encroachment into the required yard setbacks MARGARET O BRIEN presented the staff report and recommendations on behalf of the ALISON SMITH and KURT EGELHOFER provided a presentation on their own behalf. CHAIR RAUN opened the hearing to public testimony. The following individuals testified: DIANA LIGUS JONATHAN HALPERN EVAN ROSE BARBARA ROSE MS. SMITH and MR. EGELHOFER provided rebuttal testimony. CHAIR RAUN closed the public hearing. BOARD MEMBER VIG moved in Case to grant a variance from AMC G.1 to allow construction of a single car garage that will encroach into a required 20-foot front yard setback, subject to Conditions 1 and 2 on page 10 of the staff packet. BOARD MEMBER DUNHAM seconded. BOARD MEMBER VIG addressed the following standards: Standard 1: He is struggling with this and believes the physical circumstances present on this lot are, in essence, the same as other applicable land in the same district, and does not see a way for this standard to be met.

6 December 8, 2011 Page 6 of 7 Standard 2: Standard 3: Standard 4: Standard 5: Standard 6: Standard 7: He does not see any physical circumstances that would rise from the condition of the land. This standard is partially met. Although constructing a single-car garage, as proposed, would reduce the existing encroachment into the front yard, it would not totally eliminate the encroachment. This could be substantially met with enough provisions in place from the Development Division to make sure that there would be no run-off entering adjacent properties. With the basis of the neighbors testimony, he finds it hard to see this standard as being met. It seems that there would be some significant changes to the character of the zoning district. This is substantially met. In fact, the existing carport is not structurally and adequately designed and could present a safety issue. The garage could exist without adversely impacting the health, safety, and welfare of the people of the municipality. The applicant did as much as they easily could to minimize the need for the encroachment, but he thinks it could be possible to reclaim the entire area as others in the neighborhood have done; and not require an encroachment and still have the garage, which in other cases the Board has deemed as being an important part of living in Anchorage. BOARD MEMBER VIG added that for these reasons he does not find that all seven standards have been met and does not intend to support the motion. BOARD MEMBER DUNHAM also does not intend to support this variance for the reasons Board Member Vig mentioned. He thinks what the petitioner s tried to do was admirable, but he does not believe there is sufficient reason to grant the variance in this case. Dunham, Patrick, Williams, Denny, Raun, Karcz, Vig FAILED 4. CASE: (SDF) PETITIONER: Melvin Culverwell REQUEST: Variance for an encroachment into the required yard setbacks SHARON FERGUSON presented the staff report and recommendations on behalf of the MELVIN CULVERWELL provided a presentation on his own behalf. CHAIR RAUN opened the hearing to public testimony. The following individual testified:

7 December 8, 2011 Page 7 of 7 JOHN TRESCOTT MR. CULVERWELL had no rebuttal testimony, but responded to questions from the Board. BOARD MEMBER WILLIAMS suggested postponing this case to allow the petitioner the opportunity to work through the building permit issues because it seems as if there is some confusion on his part, and the Municipality s part as far as what any action on the variance may cause. If the variance is denied, will the petitioner be required to tear down the whole structure, or will he be allowed to make alterations to it and moved it five feet to the rear. She has some concerns about acting on this without knowing what impact it would have on the petitioner s ability to keep the structure. BOARD MEMBER KARCZ moved in Case to approve closing the public hearing and postpone the case pending the receipt of additional information by the petitioner. BOARD MEMBER WILLIAMS seconded. CHAIR RAUN closed the public hearing. Dunham, Patrick, Williams, Denny, Raun, Karcz, Vig I. REPORTS - 1. Chair 2. Secretary 3. Committee J. BOARD MEMBERS COMMENTS - K. ADJOURNMENT The meeting adjourned at 9:16 p.m.