ITEM TITLE:
Approval to Conduct the Public Hearing and Action to Grant Variance #19-02 for an Eight-foot (8’) Projection of a Proposed Deck into the Required Rear Yard Setback at 455 Resurrection Loop (Lot 20, Block 1, St. Elias Subdivision) on June 26, 2019.
SUBMITTED BY: Kate Huber, Senior Planner
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
Grant approval to conduct the public hearing and action to grant variance #19-02 during tonight’s meeting on June 26, 2019 or postpone, if more information is required.
SUMMARY STATEMENT:
Jesse Deaton submitted an application for variance #19-02 for an eight-foot (8’) projection of a proposed deck in the required rear yard setback at 455 Resurrection Loop on April 30, 2019.
A variance of this type requires a public hearing during a scheduled Planning & Zoning Commission meeting, following a public notification in The Valdez Star and a letter mailed to property owners within three hundred feet (300’) of the property. The public hearing for this matter was initially scheduled for May 22, 2019, allowing for the required notices to be published and mailed. The notice was published in the online Valdez Star on May 8 and May 15, 2019. The first notice was mailed to nearby property owners on May 8, 2019.
The May 22, 2019 Planning and Zoning Commission meeting was cancelled due to a loss of quorum. The public hearing was rescheduled for June 12, 2019 and a letter was mailed to the same nearby property owners on May 31, 2019. A notification was published in the online Valdez Star on May 29, 2019. Unfortunately, the June 12, 2019 Planning & Zoning Commission meeting was also cancelled due to a loss of quorum and the public hearing for variance 19-02 was moved to June 26, 2019. Another letter notifying the same list of property owners of the change was sent on June 14, 2019.
Because of the repeated postponement of the public hearing for this variance, the City of Valdez Clerk’s Office agreed that the applicant could pursue a public hearing and decision at the same meeting. The Policies & Procedures for the Planning & Zoning Commission state that “an issue discussed in a public hearing may not appear as an agenda item for decision at the same meeting except with consent by the majority of the Commission.” Typically, a decision of this type must be made at a previous Planning & Zoning Commission meeting and should only be granted in extenuating circumstances. Because of the repeated postponement of the public hearing, the Clerk’s office has authorized that the decision made to combine the hearing and action may be voted on tonight.
A vote of approval will allow the decision on variance #19-02 to be made during tonight’s meeting. If the Commission has any questions resulting from the public hearing, the decision can be postponed to the next meeting on July 10, 2019 to allow staff to follow up on any new information provided or questions raised.