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HomeMy WebLinkAbout04212009 Planning & Zoning PacketSeward Planning Commission Agenda Packet April21, 2009 Special Meeting City Council Chambers Beginning at 7.30 pm Seward Planning & Zoning Commission Sandie Roach' Chair Term Expires 02110 Sue McClure Vice Chair Term Expires 02110 Vacant Commissioner Term Expires 02112 Tena Morgan Commissioner Term Expires 02110 Steven Heinrich Commissioner Term Expires 02111 Christina Stauffer Commissioner Term Expires 02112 Cindy Ecklund Commissioner Term Expires 02111 Phillip Oates City Manager Christy Terry Community Development Director Anne Bailey Executive Liaison M 1. Call to Order 2. Opening Ceremony A. Pledge of Allegiance 3. Roll Call 4. Special Reports & Presentations A. City Administration Report B. Other Reports, Announcements & Presentations 5. Citizens' Comments on any subject except those items scheduled for public hearing. [Those who have signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item] 6. Approval of Agenda and Consent Agenda. [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Commissioner so requests. In the event of such a request, the item is returned to the Regular Agenda.] Planning and Zoning Commission Special Meeting Agenda April21, 2009 Page 1 7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given the first opportunity to speak] A. Unfinished Business Items requiring a Public Hearing — None B. New Business Items requiring a Public Hearing- 1. Resolution 2009-09 Granting a Sign Ordinance Variance to Vanta Shafer, DBA Cover to Cover Bookstore, for a Non -Illuminated Projecting Sign Without a Marquee, Approximately 7.5 Square Feet (30 inches by 35 inches), at Lot 12A, Block 10, Original Townsite of Seward, 215 Fourth Avenue, Central Business Zoning District(CDB)............................. Page 3 8. Unfinished Business —None 9. New Business — * A. April 7, 2009 Special Meeting Minutes....................................................... Page 22 10. Informational Items and Reports (No action required) -None 11. Commission Comments 12. Citizens' Comments [Limit to 5 minutes per individual —Each individual has one opportunity to speak] 13. Commissions and Administration Response to Citizens' Comments 14. Adjournment Planning and Zoning Commission April21, 2009 2 Special Meeting Agenda Page 2 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-09 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A SIGN ORDINANCE VARIANCE TO VANTA SHAFER, DBA COVER TO COVER BOOKSTORE, TO ALLOW A NON -ILLUMINATED PROJECTING SIGN WITHOUT A MARQUEE, APPROXIMATELY 7.5 SQUARE FEET (30 INCHES BY 35 INCHES), AT LOT 12A, BLOCK 10, ORIGINAL TOWNSITE OF SEWARD, 215 FOURTH AVENUE, CENTRAL BUSINESS ZONING DISTRICT (CBD). WHEREAS, Vanta Shafer, dba as Cover to Cover Bookstore has applied for a sign ordinance variance to place a non -illuminated projecting sign without a marquee, approximately 7.5 square feet (30 inches by 35 inches), at Lot 12A, Block 10, Original Townsite of Seward, 215 Fourth Avenue, within the Central Business Zoning District (CBD); and WHEREAS, in the Central Business District the Seward City Code 15.20.040.C.4. states projecting signs, which project over a public right of way, must be located over a marquee; and WHEREAS, the structure the applicant has leased for her business does not have a marquee over the public right of way; and WHEREAS, the additional business within the same building currently has a non- conforming projecting sign which has been in place for many years; and WHEREAS, Seward City Code 15.20.055 allows the Planning and Zoning Commission to grant variances in harmony with the general purpose and intent of the Code so long as the spirit and benefits of the Code will be preserved; and WHEREAS, the Commission may vary the rules and regulations or provisions of the Code provided that the Commission, upon due and diligent investigation, makes specific findings that all of the conditions listed in Seward City Code 15.20.055 (3) have been considered; and WHEREAS, in accordance with the Seward City Code, the Commission held a public hearing on the request of granting a sign variance at the April 21, 2009 special meeting. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. In accordance with SCC§15.20.055 (a), the Planning and Zoning Commission is authorized to grant special variances from the provisions of the chapter in accordance with the following restrictions. The Commission has reviewed the applicant's request for a Sign Code Variance to allow a non -illuminated projecting sign without a marquee, approximately 7.5 square feet (30 inches by 35 inches), at Lot 12A, Block 10, Original Townsite of Seward, 215 Fourth 3 Seward Planning and Zoning Commission Resolution 2009-09 Page 2 of 3 Avenue, within the Central Business Zoning District (cbd), and made the following Findings of Fact: 1. To encourage the use of signs which are harmonious with Seward's scenic beauty and historic character, the commission may issue a variance for specifu signs up to 1.5 times larger than provided in this chapter. Not Applicable 2. A variance may be granted in harmony with the general purpose and intent of the sign code by varying the application of rules, regulations or provisions so long as the spirit and benefit of the Code will be preserved There are currently numerous projecting signs within the Central Business District; these are allowed by code because they are located above a marquee as code requires, or a historical rendition on a historical building, or are non -conforming signs in place before the code was adopted. 3. The commission may vary the rules and regulations or provisions of this code provided the Commission, upon due and diligent investigation, makes specific findings that all of the following conditions have been considered. (a) The variance will not constitute a grant of a special privilege inconsistent with the limitation upon signage and uses of other properties in the vicinity and zone in which the property, on behalf of which the application as filed, is located; There are currently several existing projecting signs without the required marquee in the Central Business District. One is allowed as a historical replica based on the historical photos of the original building. One is not located within the public right-of-way and therefore does not require a marquee. Two others are allowed as nonconforming signs, meaning they were in place before the sign code was enacted. One of which is the projecting sign that is located to the south on the building proposed for this sign variance. (b) That such variance is necessary because of special circumstances such as, but not limited to, health and safety or the size, shape, topography, location or surroundings of the subject property, to provide it with signage use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; Lot 12A, Block 10 is approximately 7,508 square feet; the front of the building is constructed on the front property line with no setback. The property owner has full use of the property. With the other projecting signs and the nature of Fourth Avenue, a non - projecting sign provides limited public visibility. (c) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the subject property or improvements in the vicinity and in the zone in which the subject property is situated, 4 Seward Planning and Zoning Commission Resolution 2009-09 Page 3 of 3 Granting this sign variance will not be materially detrimental to the public welfare, or other property in the vicinity or the Central Business Zoning District. Section 2. The Planning and Zoning Commission hereby approves the sign ordinance variance requested by Vanta Shafer dba Cover to Cover Bookstore, to allow a non -illuminated projecting sign without a marquee, approximately 7.5 square feet (30 inches by 35 inches), at Lot 12A, Block 10, Original Townsite of Seward, 215 Fourth Avenue, within the Central Business Zoning District (CBD) by subject to the following conditions: 1. The 7.5 square foot projecting sign authorized by this sign ordinance variance shall be allowed as the second projecting sign on the property. (exiting projecting sign is non -conforming) 2. The existing non -conforming projecting sign and the proposed 7.5 square foot projecting sign shall be the only signage allowed. 3. A minimum clear distance of eight feet between the sidewalk and the bottom of the projecting sign shall be maintained. 4. This sign variance shall run with the Cover to Cover Bookstore and shall be removed when the specific business is no longer in operation. Section 3. This resolution shall take effect ten (10) days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 21 st day of April 2009. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 5 P&Z Agenda Statement Meeting Date: April 21, 2009 P_ Through: Christy Terry, Community Developmen irector From: Donna Glenz, Associate Planner Agenda Item: Sign Ordinance Variance to Vanta Shafer, dba Cover to Cover Bookstore, to allow a non -illuminated projecting sign without a marquee, approximately 7.5 square feet (30 inches by 35 inches), at Lot 12A, Block 10, Original Townsite of Seward, 215 Fourth Avenue, within the Central Business Zoning District (CBD). BACKGROUND & JUSTIFICATION: The applicant, Vanta Shafer dba Cover to Cover Bookstore, has requested a variance from the Seward Sign Code to allow placement of an approximately 7.5 square foot projecting sign over the public right-of-way without a marquee within the Central Business District. The applicant has leased business space within the structure located at 215 Fourth Avenue. This structure also houses the business known as the Seward AleHouse. The Seward City Code 15.20.040 Sign standards by zoning district which require permits. (C). Central Business District (4.) Projecting signs, which project over a public right-of-way, must be located over a marquee..... The structure in which the applicant's business is located does not have a marquee over the public right-of-way; therefore the requested projecting sign is not allowed by City Code. Since the original sign permit was denied the applicant has applied for a Sign Code Variance. Currently there are four (4) projecting signs without marquees within the Central Business District. One is located on a historic building in replica of the historic sign which had been located on the original building. One is not located over the public right-of-way and therefore does not require a marquee. And the other two are non -conforming signs which were in place before the code was adopted. Seward City Code § 15.20.055 authorizes the Planning and Zoning Commission to grant special variances from the provisions of the Sign Code in accordance with specific restrictions which have been addressed within Resolution 2009-09. SCC 15.20 Signs, Definitions: Sign. Any device fixed to, painted on, or incorporated into the building surface; displayed from or within a building or structure; or free-standing upon the site, and which is (a) visible from a public right-of-way and (b) designed to convey or direct a message to the public concerning the 2 Page 2 of 2 identification of the premises or to advertise or promote the interests of any private or public firm, person or organization. Projecting sign (fin or right angle sign). A sign affixed to any building or structure, the edges of which extend perpendicularly beyond such building wall. Marquee (canopy or awning). A permanent roof -like structure projecting beyond a building wall at an entrance to a building, or extending along and projecting beyond the building's wall, and generally designed to provide protection against the weather. CONSISTENCY CHECKLIST: Yes No Seward 2020 Comprehensive Plan (approved by Council, 2005) X While the Comprehensive Plan supports enforcement of the Seward City Code it also recommends review and update of the Sign Code. The plan also supports Seward entrepreneurial businesses. Yes No Strategic Plan (1999) X The Strategic Plan encourages growth of year-round businesses. (page 3) Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision. (page 5) RECOMMENDATION: Commission approve Resolution 2009-09, which would grant a sign ordinance variance to Vanta Shafer, dba Cover to Cover Bookstore, to allow a non -illuminated projecting sign without a marquee, approximately 7.5 square feet (30 inches by 35 inches), at Lot 12A, Block 10, Original Townsite of Seward, 215 Fourth Avenue, within the Central Business District (CBD) contingent upon the following conditions: 1 • The 7.5 square foot projecting sign authorized by this sign ordinance variance shall be allowed as the second projecting sign on the property. (exiting projecting sign is non -conforming) 2. The existing non -conforming projecting sign and the proposed 7.5 square foot projecting sign shall be the only signage allowed. 3. A minimum clear distance of eight feet between the sidewalk and the bottom of the projecting sign shall be maintained. 4. This sign variance shall run with the Cover to Cover Bookstore and shall be removed when the specific business is no longer in operation. 7 h CITY OF SEWARD COMMUNITY DEVELOPMENT OFFICE P.O. Box 167 • Seward, Alaska 99664 (907) 224-4048 51 y rl APPLICATION FOR Z491 AI6 VARIANCE This completed application is to be submitted to the Community Development Department no later than three (3) weeks in advance of the next regularly scheduled Planning & Zoning Commission meeting held the first Tuesday of each month. The application must be accompanied by the applicable fees established by city resolution; and if property is already developed, an as -built survey prepared by a surveyor registered in the State of Alaska; or scaled site plan of undeveloped land which shows: a) property dimensions; b) location and dimensions of existing and planned buildings; c) parking configuration; d) driveways/access; e) natural features; f) variance requested; and g) other pertinent information. 1� J J / Applicant: Y a hr � i,, G /T� XJt1 �C �G ll �iZ �6 �U e/2 , y� ak n - L JZ Address: J S `i — C(U � �C10X ��.� Telephone No.: ,?;V y- Property Owner (if otherthan applicant): f i — fn PS 5 Address: ;;� / y �'- ft ii 1° Telephone No.: �7a i - c7 3s7 Property Address: (5' L/!l` aL)�e Lot Size: Lot Block Subdivision Tax Parcel No. (acres/SF) A. Variance Request for: / 2 OT-6-kiAG i q h k) I ii o e-L,4, mo �qu am B. The existing situation is: 1 n JZ 1 S Wl x 1k [�r7 �i r �G o �) ry �� `✓�(g i b -� C. Granting this variance would permit: A .s D. What structures are located on the property? a n rl n P E. What is the existing use of the property? Kcc- cst rL`�- conam Pie_Ia- too IL F. What is the proposed use of the property? h o-r, k.s f a2,e G. What is your development time schedule? Ct 4t i' 'RECEIVEDVariance Application 3/00 Page 1 of 3 MAR � - 2009 Per... ----- 8 PAGE..._GF.... "5 The Planning & Zoning Commission may only grant a variance if the Commission finds all of the following conditions are met. Each condition must have a response in as much detail as it takes to meet the condition. Please use additional paper if there is not enough room here for your response. Failure to document your case reduces the likelihood of your variance being granted. The applicant hereby alleges that: 1. The proposed action is consistent with all of the general conditions required for a conditional use permit as follows: a. The use is consistent with the purpose of the Zoning Code and the purposes of the 7hing district: b. The value of the adjoining property will not be significantly impaired: c. The proposed use is in harmony with the Seward Comprehensive Plan: d. Public services and facilities are adequate to serve the proposed se: e. The proposed use will not be harmful to the public safety ealth or welfare: 2. Special conditions and circumstances exist whic/ithe r to the land or structures involved and which are not applicable to other lands and structuame district. These special conditions are: 3. The special conditions and circumstance ave not been caused by actions of the applicant in that: 4. Financial hardship or inconve 'nce shall not be a reason for granting a variance in that: 5. Other nonconformin and use or structures within the district shall not be considered grounds for granting a variance in at: - 4 6. The va - nee granted is the minimum variance that will make possible a reasonable use of the land, building structure in that: Variance Application 3l00 Page 2 of 3 0' 7. Granting the variance will not permit a use that is not otherwise permitted in the district in which the property lies in that: I hereby certify that all statements and other information submitted are true and accurate to the best of my knowledge, and that I, as applicant, have the following legal interest in the property: _Owner of record; _ Lessee; — Contract Purchaser;_ duly authorized to act for a person who has the following legal interest: and that the owner of record is knowledgeable of this application if I am not the owner. I understand that the variance fee is non-refundable to cover the cost associated with processing this application and that it does not assure approval of the variance. Applicant's Signature: / Property Owner's Signature Enc: Fee: $250 ( ) paid Site plan ( ) Location Map ( ) c Variance Application 3/00 As built survey ( ) Page 3 of 3 10 APPLICATION FOR SIGN VARIANCE 1. BACKGROUND FACTS The applicant for this variance is the sole proprietor of Seward's only bookstore. It is a relatively new, very modest family business. However, for the community, it is much more than a business. A bookstore is a valuable social, cultural and educational asset that few small communities in Alaska have been able to sustain. "Browsing" is the norm in a bookstore on dark winter days. Scintillating conversation frequently develops among browsers discussing books they have read and that they want to read. Bookstore owners sponsor and host both lectures and prose/poetry reading events, Young people can purchase books locally for such events as the academic "Battle of the Books," or for their own personal interests (like the Harry Potter books or the presently trendy Tween enthusiasm for the Twilight Series). A brick -and -mortar bookstore is a relatively unique and valuable social center and learning resource for a small Alaskan community. That bookstore is being moved from Washington Street to Fourth Avenue, in the Central Business District. Plans for the new, more centralized location include erecting a projecting bookstore sign on the front of the building, above the sidewalk. Seward City Code 15.20.040(C)(4) does allow "projecting signs" over the sidewalk, and there are many such signs along both sides of this downtown block of Fourth Avenue. But, that same Seward ordinance requires that projecting signs must be situated above an existing marquee, despite the fact that many projecting signs in the vicinity are not above marquees (including the Alehouse sign on the south side of the same building where the bookstore will be located). Following an inquiry into why a seemingly unrelated "marquee" would be a prerequisite for a City permit for a "projecting sign," the applicant was informed by another citizen who was close to the event of enactment of the ordinance, that it was drafted in this manner in the late 1990s in order to encourage downtown businesses to construct awnings and canopies over the public sidewalk, because owners were not taking seriously their separate and distinguishable legal responsibility to keep their sidewalks clear of snow and ice. In other words, the requirement of a marquee bears no reasonable relationship to the legitimate governmental purposes of "sign" regulation in itself, but rather the ordinance was drafted with this requirement to serve the wholly ulterior and different purpose of reducing the need to enforce another, separate ordinance requiring owners to clear snow and ice from their storefronts. 11 Seward City Code 15.20.010 sets forth the legitimate purposes for local sign regulations, and nowhere does that ordinance mention using sign limitations vicariously as an alternative to direct enforcement of a separate and distinct ordinance requiring snow removal. One P&Z commissioner whose term ended recently has advocated changing this marquee -prerequisite, to allow projecting signs that are consistent with the aesthetics and the visual character of the vicinity. The city employee who is presently redrafting Title 15 has incorporated that commissioner's recommendation in the redraft. As a general matter of public policy, prohibitive regulations should never be used for ulterior purposes. Laws should be drafted to fulfill only their direct, primary purposes, and if other laws are being violated (e.g., snow removal from the front of buildings), those laws should be enforced directly and not circuitously with a wholly unrelated prohibition. 2. STANDARDS APPLYING TO A REQUEST FOR A VARIANCE Because there is no marquee on the building housing the new bookstore, the Seward Community Development Department cannot legally issue a permit for this bookstore sign. (See, denial letter of March 25, 2009.) The applicant here then decided to pursue a variance (l) because that marquee - prerequisite in the sign ordinance is not reasonably related to legitimate purposes for sign regulation, (2) because the projecting sign for this bookstore is consistent with the aesthetics and the visual character of the downtown vicinity, and (3) because, as a matter of public policy, accommodating a local bookstore promotes the continued existence of a valuable social, cultural and educational asset in the small community of Seward_ It should be noted that the form entitled "Application for Zoning Variance" supplied by the Community Development Department for this variance request does not apply the correct standards of review by the P&Z Commission. That form addresses a variance pursuant to SCC 15.10.325, which is triggered only "when the literal enforcement of this chapter would deprive a property owner of the reasonable use of his real property...." It applies to Chapter 15.10, the Seward Zoning Code. However, the present request for a variance arises from provisions in Chapter 15.20 of Seward's ordinances, the `Signs" regulations, where wholly separate and distinct standards apply to a variance review. Seward ordinances 15.20.055 authorize the Planning and Zoning Commission to grant a variance from the signage rules under certain circumstances, and with the application of certain standards. The first standard applies only to requests for signs "larger than provided in this chapter." That provision is not relevant to this application for a variance. The second standard authorizes the Commission to grant a variance if the variance is "in harmony with the general purpose and intent of this code ... so long as the spirit and 12 benefits of this code will be preserved." The third standard instructs the Commission to engage in a "due diligent investigation," and to "make specific findings that all of the following conditions have been considered." (Note that this subsection of the ordinance does not say that all of these conditions must be met or must be satisfied. It only says that the Commission must issue findings establishing clearly that the Commission has "considered" them after a duly diligent investigation.) The following bulleted items summarize what the Commission must consider in its duly diligent investigation: The variance would not be "a special privilege inconsistent with ... signage and uses of other properties in the vicinity and zone...." The variance is necessary because of special circumstances such as, but not limited to, health and safety or the size, shape, topography, location or surroundings ... to provide it with signage use rights and privileges permitted to other properties in the vicinity and in the zone ...." The variance would not be "materially detrimental to the public welfare or injurious to the subject property or improvements in the vicinity and in the zone...." The fourth subsection of the variance ordinance is not really a standard, but rather an authorization for the Commission to attach conditions "to carry out the spirit and purpose of this code...." Each of the above standards is explored in greater detail in separate sections below. 3. CONSIDERATION OF STANDARDS FOR A VARIANCE A. WOULD GRANTING A VARIANCE BE "IN HARMONY WITH THE GENERAL PURPOSE AND INTENT" OF THE SIGN CODE, AND PRESERVE THE "SPIRIT AND BENEFITS" OF THE CODE? This is the standard articulated at SCC 15.20.055(a)(2). The statements of general purpose and intent of the sign ordinances are found at SCC 15.20.010. This request for a variance is totally in harniony with those general purposes. It does not impact in any adverse manner to health, safety, property or welfare of Seward's citizens. It does not change in any manner the aesthetics of the downtown, but is wholly consistent with many 13 projecting signs in the Central Business District. The sign would convey valuable information to the public. It does not change the historic charm, natural beauty or visual character of the vicinity or the community. It is not contrary to the goals and objectives of the Seward Comprehensive Plan. And, allowing the variance would serve the stated purpose of promoting "flexibility and incentive for creative and innovative sign designs." The legitimate spirit and benefits of the Seward Signs ordinance are wholly preserved with the granting of this minor variance for a sign consistent with other signs in the vicinity, and the granting of that variance is wholly in harmony with the legitimate purposes and intent of sign regulation. B. WHAT "SPECIFIC FINDINGS" RESULT FROM A DUE DILIGENT INVESTIGATION OF WHETHER THE REQUESTED VARIANCE IS CONSISTENT WITH SIGNAGE AND USES OF OTHER PROPERTIES IN THE VICINITY AND ZONE'.? There are projecting signs throughout the Central Business District; including a projecting sign on the building where this bookstore sign would be placed. A glance down Fourth Avenue from the intersection of Adams Street will clearly and convincingly demonstrate that the requested variance is wholly consistent with signage and uses of other properties in the vicinity and the zone. C. WHAT "SPECIFIC FINDINGS" RESULT FROM A DUE DILIGENT INVESTIGATION OF SPECIAL CIRCUMSTANCES THAT RESULT IN THE VARIANCE PROVIDING SIGNAGE USE RIGHTS AND PRIVILEGES PERMITTED TO OTHER PROPERTIES IN THE VICINTIY AND ZONE? Many other business properties in the vicinity and the zone enjoy the use of projecting signs. A business along this downtown block that does not have a projecting sign is at a serious disadvantage attracting customers. As noted above, a bookstore also represents "special circumstances." It is a rare and fragile business proposition in a small community, yet its contributions to the social, cultural and educational welfare of the community are huge. Good public policy in community development should make every reasonable accommodation to encourage and preserve a bookstore as an asset of the citizenry. This is particularly true where granting the variance for a modest projecting sign is totally consistent with the aesthetics and visual character of the vicinity, and in harmony with the legitimate purposes and intents of sign regulation. D. WHAT "SPECIFIC FINDINGS" RESULT FROM 14 A DUE DILIGENT INVESTIGATION OF WHETHER THE VARIANCE WOULD BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO THE PROPERTY, VICINTY OR ZONE? The granting of this variance for a projecting sign for a bookstore, on a building that already has one projecting sign, and in a vicinity replete with projecting signs, is neither materially detrimental to any concern of public welfare, nor injurious to any property or zone in the community. Indeed, this small family business is not even in competition with other retailers in the vicinity. It is a unique store with an enhanced public purpose that is completely beneficial to the public welfare and surrounding properties. 4. PROPOSED FINDINGS SCC 15.20.050(a)(3) requires that, following duly diligent investigation, the Commission must make "specific findings" that certain "conditions have been considered." The applicant proposes that the Commission make findings not only that it has "considered" those standards, but also that it has reached favorable conclusions about each of those standards. Specifically, the applicant proposed the following as Findings for the Commission: 1. The Commission has engaged in a duly diligent investigation of the request for a variance to permit a projecting sign over the sidewalk at a building that does not have an existing marquee. 2. The Commission finds that there presently is a projecting sign for another business on the same building. 3. The Commission finds that there are numerous projecting signs on both sides of the street in this downtown block of the Central Business District. 4. The Commission finds that the sign proposed in the variance request is consistent with the aesthetics and visual character of the vicinity. 5. The Commission finds that the sign proposed in the variance request is in harmony with and consistent with signage and uses of other properties in the vicinity and the zone. 6. The Commission finds that the sign proposed in the variance request is in harmony with the legitimate purposes and intents of the sign code, and preserves the legitimate spirit and benefit of the sign code. 15 7. The Commission finds that nothing in the proposed variance would be materially detrimental to the public welfare, or injurious to other owners or properties. 8. The Commission finds that a bookstore is a positive community asset beyond its most apparent function in general retail commerce, and that the public policy of City government should endorse and support a bookstore whenever reasonably possible, because a bookstore promotes community development by enhancing the quality of life in Seward and by promoting social, cultural and educational events and resources in the community. For all of the reasons stated above, the applicant respectfully requests the Seward Planning and Zoning Commission to grant a variance to allow this projecting sign. Dated this day of March, 2009 Applicant 16 Relevant Textual Portions of "15.20.055 Variance procedure provided" (a) The commission is hereby authorized to grant special variances from the provisions of this chapter in accordance with the following restrictions: (1) To encourage the use of signs which are harmonious with Seward's scenic beauty and historic character, the commission may issue a variance for specific signs up to 1.5 times larger than provided in this chapter. Each application for such variance shall submit a scale drawing and a color rendering of the proposed sign(s) in relation to its surroundings. (2) A variance may be granted in harmony with the general purpose and intent of this code by varying the application of rules, regulations or provisions so long as the spirit and benefits of this code will be preserved. (3) The commission may vary the rules and regulations or provisions of this code provided the commission upon due and diligent investigation, makes specific findings that all of the following conditions have been considered: The variance will not constitute a grant of a special privilege inconsistent with the limitation upon signage and uses of other properties in the vici8nity and zone in which the property, on behalf of which the application is filed, is located, - That such variance is necessary because of special circumstances such as, but not limited to, health and safety or the size, shape, topography, location or surroundings of the subject property, to provide it with signage use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; That the granting of such variance will not be materially detrimental to the public welfare or injurious to the subject property or improvements in the vicinity and in the zone in which the subject property is situated. (4) In granting a variance, the commission may attach thereto such conditions regarding the location, character and other features of the proposed sign as it may deem necessary to carry out the spirit and purpose of this code of moderating the size, number and obtrusive placement of signs and reduction of clutter in the public interest. 17 � flfs f r {Y E g fir- 1,"h t f e ' r 1 s ` 't Mill*t� All I MA F15 i 3r ' �s? Ni, 'e�, 3"� - 8 1 n 3a` A ivr r CITY OF SFWARD P.O. BOX 167 SEWARD, ALASKA 99664-0167 March 25, 2009 Vanta Shafer, Cover to Cover PO Box 393 Seward, AK 99664 Dear Ms. Shafer, • Main Office (907) 224-4050 • Police (907) 224-3338 • Harbor (907) 224-3138 • Fire (907) 224-3445 • City Clerk (907) 224-4046 • Engineering (907) 224-4049 • Utilities (907) 224-4050 • Fax (907) 224-4038 f .r •.J � �,, � c��p t � c.w.� �- Jt a. o F+�t c.n� VtS��—� 3/261a9 3.,p -v/n- Thank you for submitting the required sign permit application for the new location of your business. The Community Development Department strives to provide assistance with the necessary City of Seward permitting requirements. Regretfully, my final determination is that your application will not be approved by our department. The sign you have proposed is specifically prohibited in the Central Business District because it protrudes in the sidewalk, but is not located over a marquee (SCC § 15.20.40). Should you wish to pursue using the proposed sign at your location, there are three options available: Upon receipt of this letter you have 10 days to appeal my final determination as outlined in SCC § 15.10.410. You may submit an application for a variance from the Seward Planning and Zoning Commission on this code requirement. Finally, as another option, you could pursue with the Planning and Zoning Commission a code change allowing projecting signs in the central business district that are not located over a marquee. I am happy to offer any assistance you require and look forward to providing the support necessary in helping your business be successful in the community. Please be aware that my determination and the appeal time limitations remain in place. I can be contacted at 224-4020 if you have any questions, require additional assistance or if I can help clarify this information- I look forward to hearing how you would like to proceed. Code References and Variance application attached 20 w Z Q 0 ry 2 H WASHINGTON STREET Resolution 2009-09 Sign Code Variance 0 75 150 Feet I I I ADAMS STREET � PJ�NvE 215 Fourth Avenue N Lot 12A, Block 10, OTS Mapping Planning and Zoning assistance by Alaska Map co. April 21, 2009 LLI Z Q H LL LL 21 Cin, of Seward, Alaska Planning Commission Minutes April 7, 2009 Volume 6, Page 236 Call to Order The April 7, 2009 Regular Meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Roach'. Opening Ceremony Commissioner Stauffer led the Pledge of Allegiance to the flag. Roll Call There were present: Sandie Roach' presiding, and Sue McClure Cindy Ecklund Christina Stauffer Steven Heinrich Tena Morgan comprising a quorum of the Commission; and Christy Terry, Community Development Director Anne Bailey, Executive Liaison City Administration Report Community Development Director Christy Terry updated the Commission of the following business items: • The City Voice Over IP system was implemented on April 4, 2009 and asked everyone to be patient during this transition. • A Flood Plain Variance request had been submitted to the City for construction of a hanger at the airport. • A Flood Plain Development Permit had been applied for the ShefIler Creek/Dairy Hill culvert replacement and the fish ditch improvements. The City had work with the Kenai Water Shed Forum on these proposed projects and stimulus grant application. • Two Special Meetings were scheduled in regards to the Japanese Creek Levee on April 13, 2009 and April 14, 2009. • The Highway would be closed April 24-27, 2009. Inspection dates throughout the summer were being scheduled closing the highway to commercial vehicles. The City was working with the Department of Transportation on coordinating times that least impacted Seward. • Bob Hicks continued to work on Title 15 updates and hoped to have this go before the Commission in May. • Kerry Martin had completed the raw data and updates for the Municipal Land Plan and more work had to be done to complete the plan. 22 City of Seward, Alaska Planning Commission Minutes April 7, 2009 Volume 6, Page 2 3 7 • Community Development with Public Works had submitted a letter of intent to apply for a grant to solve drainage problems in the Mill Street/Vista Avenue area. The Grant funds obtained from the Borough for this project provided the initial funding need for engineering to apply for the grant. • Flood Plain Development permit was issued to Afognak Construction to extract gravel from Japanese Creek. • Long Term Care Facility progress was going well and the project was not exceeding the budget designated by Council. Other Reports, Announcements & Presentations — • Three complaint calls had been received regarding camping in the yard. Citizens' Comments on any subject except those items scheduled for Public Hearing — None Approval of Agenda and Consent Agenda — Motion (McClure/Heinrich) Approve the Agenda and the Consent Agenda Ecklund pulled the February 17, 2009 meeting minutes. Motion Passed as Amended Unanimous The following items were approved on the Consent Agenda: Resolution 2009-07 granting a second six month extension to Conditional Use Permit No. 2008-03, issued to Nathan Orr for the remodel and construction of a 34 unit motel on Lot 3A, Block 18, federal Addition, Orr Replat, 909 fourth Avenue within the Central Business District Special Items - Election of Chair and Vice Chair Election of Chair and Vice -Chair Motion (McClure/Ecklund) Roach' opened the floor for Chair nominations. Elect Commissioner Roach' as Chair Seeing no further nominations, nominations were closed. 23 City of Seward, Alaska Planning Commission Minutes April7, 2009 Volume 6, Page 238 Motion Passed Motion (Ecklund/Stauffer) Motion Passed Unanimous Consent Roach' opened the floor for Vice -Chair nominations. Elect Commissioner McClure as Vice Chair Seeing no further nominations, nominations were closed. Unanimous Consent Unfinished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing — RESOLUTION 2009-06 granting a Conditional Use Permit to Dennis and Mary Bailey dba D & M Properties, to operate nightly lodging within two multi -family dwelling apartment structures on Lots 23-34, Block 8, Laubner Addition located at 1104 Fourth Avenue within the Harbor Commercial Zoning District Terry reviewed Resolution 2009-06 stating we had just gone through a code change regarding this item allowing this use with a Conditional Use Permit (CUP) in the Harbor Commercial Zoning District. She reviewed the restrictions placed on the CUP and stated the applicants were in the audience. In response to Stauffer, Terry stated the applicants could respond to how many tenants were currently occupying the buildings. In response to Roach's questions, Fire Chief Squires defined transient housing as it related to the building code and the difference between RI, R2, and R3 residential zoning. He explained why this building if built today would not meet the code for transient housing, the difference between the Seward code and others throughout the state regarding multi -family housing being used as transient housing, what the fire wall standard was for the structure, that three fires had occurred in the condominiums, why this building did not require a sprinkler system, and discussed intended uses and why this was not considered transient lodging. In response to Heinrich, Squires clarified the fire and building department did not have a problem with this Resolution as long as the occupancy did not change the residential status. Terry referred to the planning and zoning code section 15.10.2259 explaining why the CUP limited the owners to five units per building. In response to Ecklund, Squires stated they would inspect the units that would be used for 24 City of Seward, Alaska April 7, 2009 nightly lodging. Planning Commission Minutes Volume. 6, Page 239 CUP. Terry indicated that the number of units used for nightly lodging could be altered in the In response to Roach', Terry stated the next owners would be able to continue the use of the property unless there was a change. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Nathan Orr, inside City limits, voiced his concern with public safety for nightly lodging in this building and stated this was a change of use for the building. He discussed the sprinkler requirement for other lodging facilities and thought the Harbor Lights condo should be retrofitted with sprinklers. DJ Whitman, inside City limits, voiced his concern with life safety and taking an old building and changing the occupancy. He discussed the access and egress of a three story building and thought the Commission needed to take a serious look at this. Dennis Bailey, inside City limits, stated they had owned the building for three years and did not want to do a daily rental. He explained they had lost $60,000 last year trying to do annual rentals and asked to have one unit with the option to rent out daily. He discussed the insulation of the building and noted they would like to stay in Seward. Mary Bailey, inside City limits, said they had thought of the safety concerns of their tenants, hoped to work with the Fire Department, and noted bed and breakfasts were less safe then this building. She continued they had met the requirements requested of them by the City and Commission and they could not afford to sprinkle the building. No one else requested to be heard and the public hearing was closed. Motion (Heinrich/McClure) Approve Resolution 2009-06 In response to Heinrich, Squires stated if they stayed with the same occupancy there was not an increased amount of danger. Squire continued that they would do annual inspections on this unit issuing a permit for one year. In response to Ecklund, Squires stated there was another three story bed and breakfast and stated the only requirements were an exit door or egress window from the sleeping area. He explained some owners had purchased escape ladders but this was not a code requirement. In response to Roach', Terry stated a precedence was not being set by doing this for other businesses. 25 City of Seward, Alaska Planning Commission Minutes April 7, 2009 Volume 6, Page 240 In response to Ecklund, Terry stated the limit of apartment units used for nightly lodging could be changed in the CUP to any number less than five. In response to Morgan, Terry explained the code for house rentals, when a lodging permit was required, and the code definition of a multi -family dwelling. Squires explained that the fire and planning and zoning codes differed. Roach' continued to discuss the concept of lodging. Roach' suspended the rules to allow Mary Bailey to speak. In response to Roach', Bailey stated a kitchen and some food would be provided to prepare meals. Motion (Ecklund/Heinrich) Amend Section 1. #6 by adding a new finding number 2 stating, "The Harbor Lights Condominiums will be limited to one apartment unit (per building)." Roach' suspended the rules to allow the Bailey's to speak. Mary Bailey clarified that these were condominiums not apartment buildings. In response to Mary Bailey, Roach' stated she had received comments concerning 5 units per building being used for nightly lodging and had received several about superseding the fire code. Roach' thought this was a fire safety issue. Terry commented the Fire Chief was the final deciding body on the fire code and had supported this Conditional Use Permit. She continued if there were more concerns this could be postponed and a work session could be set. The Board further discussed if there was a legitimate reason to limit nightly rentals to less than 5 units, what the owners original intent was, other multi -family dwellings that had been turned into nightly rentals, the reason Ecklund proposed the amendment, and whether the Commissioners supported this amendment. Motion Passed Yes: Ecklund, McClure, Roach', Stauffer No: Heinrich, Morgan Main Motion Passed as Amended Yes: Ecklund, Heinrich, McClure, Morgan, Stauffer No: Roach' The Commission recessed at 8:49 p.m. and reconvened at 8:52 p.m. 26 City of Seward, Alaska April 7, 2009 Planning Commission Minutes Volume 6, Page 241 RESOLUTION 2009-08 granting a Conditional Use Permit to Icicle Seafoods to allow modified cargo containers used as temporary structures to serve as employee living quarters/bunkhouses within the existing employee campgrounds on Lot 2, Block 3, Leirer Industrial Subdivision within the Industrial Zoning District Terry reviewed Resolution 2009-08 stating Blaine Bardarson acting as the agent for Icicle Seafood was applying for a Conditional Use Permit; she reviewed the conditions placed on the modified cargo containers, and recommended approval of this resolution. In response to Stauffer, Terry stated Icicle currently provided employee campground U- shaped tents on -site, utilized City campgrounds, and AVTEC Housing. Squires explained these structures would have to meet all building code requirements and discussed the requirements in detail. He noted these temporary structures would have to be removed from the site. In response to Heinrich, Squires stated these could be stacked to 34 feet but exit requirements would have to be met. In response to Ecklund, Terry stated Blaine Bardarson had received a letter approving him as the agent for Icicle Seafoods, a fee was paid for the Conditional Use Permit, and the 2006 Conditional Use Permit was no longer in effect due to lack of funding. In further response to Ecklund, Squires discussed the length of time temporary buildings were allowed per the building code, planning and zoning code, and electric code. Terry explained the floor plan and stated running water would not be included. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Blaine Bardarson, inside City limits, stated the cargo containers would not be stacked and that this was an answer to a problem but not the ideal solution. He described the poor living conditions the employees currently resided in, clarified he did not work for Icicle but had presented this idea to them, and explained the cargo living quarters In response to Stauffer, Bardarson stated the conex's would be painted a light color, the ceiling height was 9 feet, the conex's would be insulated to prevent condensation, and the front door had a window to allow air flow. In response to McClure, Bardarson would ideally like 30 of these units. In response to Ecklund, Bardarson stated the tents in the current location are removed in the winter, the cargo units would be stored in the winter on his property in the Industrial area, once Icicle no longer needed these they would be outsourced, and they would not be stacked when stored. 27 City of Seward, Alaska Planning Commission Minutes e.,,r7 7 700o Volume 6, Page 242 Roach' commended Bardarson for coming up with a positive solution improving the safety of the community. Ecklund commented she was not in favor of this project and asked if there was discussion of a buffer zone. Roach' interjected a landscape plan had been discussed in the Industrial area but the plants would not grow. Bardarson stated the tents would still be there and money was not taken out of the employees' wages to live in the tents. No one else requested to be heard and the public hearing was closed. Motion (Heinrich/Stauffer) Approve Resolution 2009-08 In response to Ecklund, Terry stated the 90 day temporary power would be addressed in the permitting process. Squires interjected if there was a change or more restrictive requirements they would follow that. In response to McClure, Ecklund stated she had received public comment on this issue. Motion Passed Yes: Heinrich, McClure, Morgan, Roach', Stauffer No: Ecklund Unfinished Business Confirmation of the Commission's Wishes on the Food Plain Ordinance Update Terry explained the Flood Plain Ordinance had been discussed at two work sessions and a regular meeting and asked the Commission to provide a formalized recommendation. She stated McClure and Stauffer had attended the Flood Plain Task Force meetings and what had been discussed. She suggested the Commission set a sunset clause to update the City Ordinance. McClure clarified the Flood Plain Task Force had not addressed the Borough Flood Plain Ordinance. She noted Borough Resolution 2009-09 had been passed and agreed the Commission should set a sunset clause to review the City ordinance. Stauffer stated a presentation on the Task Force progress was given at the Flood Board and she agreed with Terry that the City has some flooding issues that needed to be addressed. She stated the FEMA maps should be received in June and should be considered as the sunset clause. Roach' stated she had been inclined to move forward with the City Flood Plain Ordinance but had not considered the FEMA maps. �.' City of Seward, Alaska April7, 2oog Planidng Commission .Minutes Volume 6, Page 243 began to review Title 15 at the second Work Session in May. Terry agreed with Stauffer's recommendation and the timing could work if the Commission Motion (Ecklund/McClure) Motion Passed New Business — Continue with the updates of Title 15 and review the Flood Plain Ordinance in order of that review Unanimous Consent Discuss the planning and Zoning priorities in preparation for the Council and Commission joint work session scheduled for April 8, 2009 at 6:00 p.m. Terry explained this was the annual joint work session with Council and staff had gone through and provided updates to the Commissions priorities shown in Resolution 2008-09. Code. In response to Ecklund, Terry stated the City Manager had been directed to update the Terry addressed the Alaska Railroad Master Plan and stated handouts would be available at the meeting. The Commission discussed enforcement versus compliance, what procedures the City currently followed, and if this would qualify for stimulus funding. In response to Heinrich, Terry explained the Nash Road Bench Study. Discuss and set possible Commission work session for April 21, 2009 Terry stated there would be a Special Meeting on April 21, 2009 at 7:30 p.m. and suggested a Work Session be scheduled at 6:30 p.m. to continue discussion of the Comprehensive Plan. By general consensus, the Commission set a work session from 6:30 p.m. to 7:30 p.m. on April 21, 2009 to discuss the Comprehensive Plan. Februauy 17, 2009 Special Meeting Minutes Ecklund noted Howard Ferren's name was spelled incorrectly and Terry suggested Comp Plan be changed to comprehensive plan. Motion (McClure/Ecklund) Approve the February 17, 2009 Special Meeting Minutes 29 City of Seward, Alaska Aril7, 2009 Motion Passed as Amended Planning Commission Minutes Volume 6, Page 2 4 4 Unanimous Consent Informational Items and Reports (No action required) — None Commission Comments - Stauffer clarified the money for the Mill Street drainage problem was through the Borough but belonged to the tax payers of the Seward/Bear Creek Flood Service area. Heinrich thanked Chief Squires for attending. Morgan congratulated Roach' and McClure on their appointments. Ecklund discussed the hunting resolution going before Council, having Icicle build a bunkhouse for their employees, and congratulated Roach' and McClure. In response to Roach'. Terry stated the Hunting Resolution would be on the April 13, 2009 Council meeting agenda. McClure thanked the Commission for electing her, encouraged everyone to read the hunting ordinance, stated she would not be able to attend the May 7, 2009 meeting, and the Community Choir Concert was scheduled on May 14, 2009. Roach' thanked the Commission for re-electing her and the publiclstaff for attending. Terry commented the Planning and Zoning meeting in May was on a Thursday and she would email the notice regarding Borough Resolution 2009-09. Citizens' Comments — None Commissions and Administration Response to Citizens' Comments — None Terry thanked the Commissioners for being prepared for the meeting. Adjournment Meeting adjourned at 10:02 p.m. Anne Bailey Executive Liaison (City Seal) Sandie Roach' Chair 30 4/15/2009 1:04 PM Hay 2009 T May ]2009 S M T W T F S S M T W T F S 1 2 1 2 3 4 5 6 3 4 5 6 7 8 -9 7 8 9 10 11 12 13 1011 12.13 1415 16 1415 16 17 18 1920 17 18 19 20 21 2223 21 22 23 24 25 2627 2425 26'27 28 2930 28 2930 31 - - ---- 6 -- 5 -- — 7 - 4 - - KPB 12:OOpm PACAB Meeting I 7.30pm P&Z Meeting — 6:00pm SMIC Feasibility Study with PACAB 7:00pm City Council Meeting 18. 6:30pm� * 9I 12:00Pm 6:30pm Historic Preservation Meeting 9:00am Social Security Rep Si --- - _— - - - 2— --- 7:00pm City Council 6:OOpm CC WS Budget Meeting I Close Out With Auditors Nand Richey 2 4/15/2009 1:04 PM