By ARIADNE WILL
Sentinel Staff Writer
After a lengthy discussion, the Planning Commission voted Wednesday to postpone two items of business until their September 21 meeting.
One of the items was a platting variance that would permit a private utility easement to serve 11 lots. Code states that variances are required when more than four lots are served by a private utility easement.
The request to the Planning Commission was to add three more lots to a private utility variance that already serves eight lots, bringing the total to 11 lots on the easement.
A preliminary plat for a minor subdivision related to the utility easement also was postponed. Planning Director Amy Ainslie said prior approval of the utility easement would be required for the preliminary minor subdivision plat to comply with city code.
Also at Wednesday’s meeting, a variance for a reduced front setback was issued to a property at the undeveloped end of Davidoff Street.
Utility Easement
The variance to serve more than four lots via private utility easement was requested by Todd Fleming of Sound Development, LLC.
It was postponed in a 3-2 vote, with commissioners Katie Riley, Stacy Mudry and Wendy Alderson voting for the motion and Chris Spivey and Darrell Windsor opposed.
Fleming has plans to subdivide and develop the property at 300 Kramer Avenue, which is in an R-1 single family and duplex residential district.
In a staff report, Ainslie mapped out several concerns the city has with the use of a private utility easement to serve 11 lots. They mostly involved the increased load on the sewer line in the private easement.
There were also worries that further subdivision in the area might take place, increasing the private utility easement’s load, and also that property owners in the future might ask the city to adopt the utility easement, which would have a negative effect on city utility rates.
Fleming said he was confused as to why staff was recommending the variance be denied.
“This system that’s going in here is so close to bulletproof,” he said at the meeting.
Public commenters – including Michael Tisher, who constructed the sewer line in the easement – supported the platting variance. Commenters expressed faith in the integrity of the sewer easement and an interest in freeing up more land for development.
Ainslie said the Planning Department’s concerns were not with the integrity of the utility easements themselves, but with the issues that could take place surrounding the maintenance of the utilities far down the road. She said the passage of the variance had the potential to set a “worrying precedent.”
Ainslie requested the commission move to postpone after Fleming – following the staff report – distributed documents that had not been provided to the city prior to the meeting.
The preliminary plat for a minor subdivision – also requested by Fleming – was postponed by a unanimous vote due to the postponement of the platting variance.
Other Business
A variance to reduce a front setback from 14 feet to zero was approved unanimously for Sam Smith, who plans to build a single-family home at 1415 Davidoff Street.
The property is in a R-1 single family and duplex residential district.
From the public, some of Smith’s neighbors spoke against his overall plans, citing the increased landslide risk that could come with the development of the property. Others said they were concerned about the effect Smith’s development could have on their waterfront views.
Smith said he has hired multiple engineers to assess the area and to ensure the structure will be installed in a safe manner. This includes installing rebar into the bedrock on the property, he said.
Smith also told the commission that the variance would help to determine how he can build the house, but said that he would construct a house regardless of whether the variance was approved.
Of note, too, was a precedent set earlier this year when a final plat for the Sitka Community Land Trust property included a setback reduction from 14 feet to 0 feet at the undeveloped end of Davidoff adjacent to Smith’s property.
