HomeMy WebLinkAboutRes2009-009Sponsored by: Applicant
_ CITY OF SI?WARU, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009-09
A RESOLUTION OF THE SEWARD I'L,ANNINC AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A
SIGN ORDINANCE VARIANCE TO VANTA SHAFER, DBA COVF,R 'I'O
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,
CENTRAI, BUSINESS ZONING DISTRICT (CBll).
WHF.RI?AS, Vanta Shafer, dba as Cover to Cover Bookstore has applied for a sign
ordinance variance to place anon-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 Centra] Business Zoning District (CBD); and
WHEREAS, in the Central Business District the Seward City Code 15.20.040.0.4. 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 bcnctits of the Codc 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., BF IT RESOI,VF,U by the Seward Planning and Zoning
Commission that:
Section 1. In accordance with SCC§15.20.055 (a), the Planning andloning 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 anon-ilhmiinated projecting sign without a marquee, approximately 7.5 square
feet (30 inches by 35 inches), at Lot 12A, Block l0, Original Townsite of Seward, 215 Fourth
Seward Planning and Zoning Commission
Resolution 2009-09
Paae 2 of 3
/venue, 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 Sewnrd'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.
Not Applicable
2. A variance may be granted in harmony whir the general purpose and indent of the sign
code by varying t/re application o~'rules, regulations or provisions so long as the spirit
and benefrt 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-confr~rming signs in place before
the code was adopted.
3. Tlae commission may vary the rrtles and regulations or provisions of this code provided
the Commission, upon due and diligent investigation, makes spec fc findings that all
of the fallowing 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 fried, 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) Tlrat 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, anon-
projecting sign provides limited public visibility.
(c) That the granting of such variance will not be materinlly 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;
Seward Planning and Zoning Commission
Resolution 2009-09
Pa~c 3 of 3
Granting this sign variance will not he materially detrimental to the public welfare, or
other propert}~ 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 nou-illuminated
projecting sign without a marquee, approximately 7.5 square legit (30 inches by 35 inches), at Lot
12A. Block 10, Original 'Cownsite of Seward, 215 h'ourth Avenue, within the Central Business
Zoning District (CBD) by subject to the following conditions:
The 7.5 square loot projecting sign authorized by this sign
ordinance variance shall he allowed as the second projecting sign
on the property. (exiting projecting sign is non-conforming)
2. The existing non-conlonning projecting sign and the proposed 7.5
square foot projecting sign shall he the only signage allowed.
3. A minimum clear distance of cigllt 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 (] 0) days following its adoption.
RASSED AND APPROVED by the Seward Planning and Zoning Commission this 21st day of
April 2009.
THF. CITY OF SEWQRD, ALASKA
Sandie Roach', Chair
AYES: Eckhmd, Heinrich, McClw•e, Morgan, Roach'. StaufEcr
NOES: None
ABSENT: None ~*a~~°'~ve
ABS"FAIN: None ••••,~~ ~~ ~~brs~~!eo~~
VACANT: One M~•~a "e~
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ATTEST:
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C ry Clerk ('~~1)~`r;•••`