HomeMy WebLinkAboutRes2009-024 Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009 -24
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION, GRANTING .HM HOEFFLER AN AMENDMENT TO
FLOODPLAIN VARIANCE PERMIT 2009 -01, TO PLACE AN 8X10 FOOT
ACCESSORY STRUCTURE ON LEASE LOT 5A, BLOCK 200 SEWARD
AIRPORT
WHEREAS, on May 19, 2009 applicant Jim Hoeffler received Floodplain Variance Permit
2009 -01 to construct an aircraft hanger on Lot 5A, Block 200. Seward Airport, leased from the State
of Alaska, Department of Transportation; and
WHEREAS, the applicant has requested an amendment to Floodplain Variance Permit 2009-
01 to allow the placement of an 8 X 10 foot accessory utility shed on Lot 5A; and
WHEREAS, according to FIRM No. 020012- 3255A. dated May 19, 1981, the Base Flood
Elevation for Lot 5A, Seward Airport is 21.0 feet; and
WHEREAS, based on information from previous site plans prepared by a registered land
..0 surveyor and studies completed by DOWL engineers for the Seward Airport Master Plan, the
existing elevation of the lease lot is approximately 18.0 which is approximately 3 feet below the base
flood elevation; and
WHEREAS, the City of Seward Floodplain Management Ordinance, Seward City Code
Section 15.25.050.B.2.a &b, requires that the lowest floor of non - residential construction be elevated
to the base flood elevation, or he flood - proofed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water; or be constructed with
components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
WHEREAS, the State of Alaska, Department of Transportation, owner of Lot 5A, will not
allow any fill material to be added to the parcel; and
WHEREAS, the applicant has applied to the Planning and Zoning Commission for an
amendment to Floodplain Variance Permit 2009 -01 allowing variance relief from the City of Seward
Floodplain Management Ordinance to construct the proposed shed's lowest floor at a grade less than
1 foot above the adjoining airport apron elevation of approximately 18 feet; and
WHEREAS, the applicant has applied to the Planning and Zoning Commission for an
amendment to Floodplain Variance Permit 2009 -01 allowing variance relief from the City of Seward
Floodplain Management Ordinance 15.25.050.B.2a. to construct the proposed shed without being
flood - proofed with watertight walls substantially impermeable to the passage of water; and
Seward Planning and Zoning Commission
Resolution 2009 -24
Page 2 of 4
WHEREAS, the applicant has applied to the Planning and Zoning Commission for an
amendment to Floodplain Variance Permit 2009 -01 allowing variance relief from the City of Seward
Floodplain Management Ordinance 15.25.050.R.2b. to construct the proposed shed without
additional components capable of resisting hydrostatic and hydrodynamic Toads and effects of
buoyancy; and
WHEREAS, the public notification process was complied with and the appropriate public
hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on
November 5, 2009.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that
Section 1. In accordance with Seward City Code Section 1 5.25.060 the Seward Planning and
Zoning Commission has considered all of the following factors:
a. The danger that materials may he swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community; --
e. The necessity to the facility of a waterfront location, where applicable; Not
applicable.
f The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
g. The compatibility of the proposed use with the existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site;
k. The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
Section 2. The Commission makes the following specific findings regarding the amendment
to Floodplain Variance 2009 -01 requested by Jim Hoeffler:
1. The majority of the Seward Airport and surrounding property is located within the
floodplain or floodway. Since the applicant's aircraft hanger is dependent upon an airport location
and the accessory utility shed supports the aircraft hanger there are no other feasible locations for the ..�
structure which are not located within the floodplain.
Seward Planning and Zoning Commission
Resolution 2009 -24
Page 3 oC4
ABOIN
2. Failure to grant the variance would result in exceptional hardship to the applicant for the
following reason: The State of Alaska, Department of Transportation has stated that no fill or
elevation to the parcel is allowed; therefore it is not feasible to elevate the structure at or above the
base flood elevation. The accessory utility shed is an essential component of the aircraft hanger.
3. Granting the requested variance will not result in damage or hardship for this or any other
property. Staff has consulted with Dan Mahalak, Kenai Peninsula Borough Hydrologist for his
professional opinion on the original variance request. He had stated the area is a low flow velocity
area. Mahalak also noted if the structure were to he built above the Base Flood Elevation the added
fill could cause more problems by creating velocity on neighboring properties and/or increase flood
levels in the arca.
4. The proposed use is compatible with the surrounding industrial land uses and existing
similar facilities.
5. The applicant has established good and sufficient cause for this Commission to find
pursuant to SCC§ 15.25.060(b)(5) that the granting of this variance amendment will not result in
increased flood heights, additional threats to public safety, extraordinary public expense, create
nuisances. cause fraud on or victimization of the public or conflict with existing laws.
MEM
6. Because the proposed variance has low damage potential and otherwise conforms to all
variance criteria in SCC §15.25.060(a) & (b), the Commission finds this application to be one of
those "very limited circumstances" described at SCC §15.25.060(b)(7) for granting this floodplain
variance amendment on Lot 5A, Block 200, Seward Airport.
7. Considering all of the above findings, the Commission hereby determines that the
,
requested variance amendment to construct the 8 X 10 foot accessory utility shed on Lot 5A, Block
200. Seward Airport, at an elevation of 18 feet which is approx 3 feet below the base flood elevation,
is the minimum necessary to afford relief.
Section 3. Based on the above findings, the Planning and Zoning Commission hereby grants
Jim Hoeffler an amendment to Floodplain Variance Permit 2009 -01 allowing variance relief from
SCC §15.25.050.B.2. permitting the lowest floor of the proposed accessory utility shed to be
constructed up to three (3) feet below the base flood elevation of 21.0 feet.
Section 4. Based on the above findings, the Planning and Zoning Commission hereby grants
Jim Hoeffler an amendment to Floodplain Variance Permit 2009 -01 allowing variance relief from
SCC §15.25.050B2. permitting the accessory utility shed to be constructed without being flood -
proofed with watertight walls substantially impermeable to the passage of water.
Section 5. Base on the above findings, the Planning and Zoning Commission hereby grants
Jim Hoeffler an amendment to Floodplain Variance Permit 2009 -01 allowing variance relief from
Seward Planning and Zoning Commission
Resolution 2009 -24
Pa>e4o14
SCC§ 15.25.050.82 permitting the accessory utility shed to be constructed without additional �..r
components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
Section 6 Base on the above findings, the Planning and Zoning Commission finds the
proposed use, subject to the following condition satisfies the criteria for granting a floodplain
variance amendment, and authorizes the administration to issue an amendment to Floodplain
Variance Permit 2009 -01 to Jim Hoeffler subject to the following condition:
1. Prior to issuance of the Certificate of Occupancy the applicant must submit to the City of
Seward a copy of the required elevation certificate upon completion of the proposed aircraft hanger
and 8 X 10 foot shed.
Section 7. In accordance with SCC §15.25.060.B.8, the Community Development Office
must give written notice to the applicant that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor elevation. This
variance to construct the structure below the Base Flood Elevation will result in increased flood
insurance premiums rates as high as $25.00 per $100.00 of coverage.
Section 8. This resolution shall take effect ten (10) days following its adoption.
.r.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5` day
of November 2009.
THE CITY OF SEWARD, ALASKA
tc L' �t
Sandie Roach', Chair
AYES: Morgan, Heinrich, Stauffer, Roach'
NOES: None
ABSENT: Ecklund, DeMarco
ABSTAIN: None
VACANT: One
ATTEST: (G. ity4
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Jear Lewis, CMC •
city Clerk
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