Building height restrictions across the Haines Borough might be limited to 30 feet after the planning commission voted 5-2 last week to recommend such an amendment to borough code.
No height restrictions exist in the borough’s general use and Mud Bay rural residential zoning areas. The limit in Lutak’s rural residential zone is 35 feet.
The building height code discussion sprung up earlier this year when the commission considered raising height limits, but some members backtracked after local and state fire safety officials informed the commission that fire department ladders reach only 24 feet.
“Then it was noticed there were parts of the borough — Mud Bay, Lutak and a general use zone, which do have fire service areas, but the height restriction for Lutak was greater and Mud Bay and the general use (zone) had no restrictions,” commission chair Rob Goldberg said March 16. “What we’re proposing now is to bring all parts of the borough into consistency at 30-foot height requirements.”
Former fire chief and borough incident commander Roc Ahrens said 30 feet isn’t a “magic number,” and what’s most important is that firefighters are able to fight a fire in a two-story home.
Commissioners Brenda Josephson and Jeremy Stephens felt the 30-foot limit was too restrictive.
Josephson provided a lengthy Canadian building code report reviewed by engineer Keith Calder that, in part, indicated sprinkler systems can “go a long way to limiting the probability of fire spread and can allow for a much higher/larger building.”
“My intention is to be more flexible for residents…There’s a lot of other zoning areas that are not single residential and I think it’s my desire to relax (restrictions) especially in areas that were annexed at the time of consolidation,” Josephson said. “I can’t support a change that’s going to make it more restrictive, especially out the road. I would say if we’re not willing to relax it, to not pass this change.”
Stephens suggested allowing residents to apply for a conditional use permit, with no upper limit, if they want to build higher than 30 feet.
Interim borough manager Brad Ryan said conditional use permits have the potential to stretch staff and resources too thin.
“You understand I’m on day three of an appeal on a conditional use permit now,” Ryan said. “I think you’re stretching the expertise of staff and the manager. I don’t want a bunch of restrictions personally either… Anytime there’s a little bit of lack of clarity or an open-ended answer, it’s a challenge for the manager’s seat and the staff.”
Goldberg said allowing for a conditional use permit over 30 feet without setting an upper limit could get the borough into trouble.
“Conditional use permits should be a special thing,” Goldberg said. “It shouldn’t become a regular occurrence, especially if there’s no upper limit.”
The planning commission voted against Stephens conditional use permit amendment 5-2.
The commission voted to recommend the height limits boroughwide but agreed to discuss changing certain limits in general use zoning areas after Josephson brought up the issue again at the end of the meeting.