Haines Borough Assembly members will weigh a change to Mud Bay zoning code after the planning commission voted last week in favor of a modification to the zone’s rules for cottage industry and commercial enterprise.
The proposed amendment would allow Mud Bay residents to operate businesses on lots adjacent to their residences, as long as they own both lots.
Code currently mandates that a cottage industry or commercial enterprise be operated on the same lot as a residence, which must be the lot’s primary purpose.
Commissioner Rob Goldberg initially suggested the idea as a solution for Chilkat Inlet Retreat, a commercial event venue whose permit expired because it’s on a lot adjacent to its owners’ residence. The assembly is on track to adopt a different solution – rezoning the retreat to the General Use area, which has less stringent regulations on commercial enterprise.
But Goldberg still believes Mud Bay’s code should be revised. He said he looked at the parcel viewer and found 40 instances where people own multiple adjacent lots in the zone. “It doesn’t make sense to me that you could own two lots side by side and not have your workshop be on one lot and your home on the other,” Goldberg said at the meeting. “When there’s something unreasonable in the code, we should change the code.”
Asked if he is concerned about the public’s reaction, Goldberg said he doesn’t expect any pushback because his proposed revision doesn’t change what kinds of enterprises are permitted. “It’s not allowing new kinds of business,” he said.
Planner Dave Long said he has heard from one resident with concerns but “it’s up for conversation.” He said his understanding is that “the primary use (of property in the zone) was always intended to be single family dwelling.” If Goldberg’s revision passes, Long suggested that the code also state that commercial permits would expire if owners sell the primary residential lot.