HomeMy WebLinkAboutRes2015-019 Sponsored by: Applicant
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2015-19
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION, GRANTING A CONDITIONAL USE PERMIT TO
RISTINE CASAGRANDA TO CONSTRUCT AND OPERATE A
DETACHED SINGLE-FAMILY DWELLING ON LOT 6, BLOCK 14,
WITHIN THE ORIGINAL TOWNSITE OF SEWARD, LOCATED AT 329
THIRD AVENUE, WITHIN THE CENTRAL BUSINESS ZONING
DISTRICT
WHEREAS, Ristine Casagranda, has applied for a Conditional Use Permit (CUP) to
construct and operate a new single family home within the Central Business Zoning District
(CBD); and
WHEREAS, the property is located 329 Third Avenue with a legal description of Lot 6,
Block 14, Original Townsite of Seward; and
WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225), detached
single-family homes are allowed within the Central Business Zoning District (CBD) by
Conditional Use Permit(CUP); and
WHEREAS, a use was legal and did not require a Conditional Use Permit when it was
initiated, but now requires a Conditional Use Permit and shall be considered a legal conforming
use and may continue to exist as a conditional use subject to the provisions of this chapter'and
may be modified in accordance with section §15.10.320; and
WHEREAS, in accordance with section 15.10.320 (f)(3), if there is a lapse in such use
for a period of one year or longer, that use will no longer be considered a legal conforming use,
and the owner must apply for a conditional use permit for any later use; and
WHEREAS, having complied with the public notification process; October 6, 2015, the
Seward Planning and Zoning Commission held the required public hearing on the Conditional
Use Permit application; and
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. In accordance with SCC § 15.10.320 (D), the Planning and Zoning Commission has
reviewed the applicant's request for a CUP to construct and operate a single family home within
the Central Business Zoning District (CBD) 329 Third Avenue with a legal description of Lot 6,
Block 14, Original Townsite of Seward, and made the following Findings of Fact:
1. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and
Seward Planning and Zoning Commission
Resolution No. 2015-19
Page 2 of 4
the purposes of the zoning district.
Finding: This condition has been established or shall be through the conditions.
The property is located within the Central Business Zoning District (CBD). Single
family structures are allowed in the Central Business District by Conditional Use Permit.
2. The value of adjoining property will not be significantly impaired
Finding: This condition has been established or shall be through the conditions.
The neighboring properties contain a variety of residential and commercial uses. The
nearby parcels are predominantly a mix of businesses and single.family,homes. There is
no indication the requested single-family structure will negatively impact the value of any
of adjoining properties.
3. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: This Condition has been met.
There is an identified community need for all types of housing in Seward. The proposed
development is consistent with the Seward Comprehensive and Strategic Plans.
Seward 2020 Comprehensive Plan(approved by Council,2005)
The Comprehensive Plan recommends continuing every effort to encourage the development of
affordable housing for Seward's growing housing needs.
3.2.1.2 Expand the opportunity for affordable, diverse, year-round housing through
appropriate land use regulations. (Bullet 2)
• Evaluate mixed commercial and residential uses in the Seward downtown
business district. •
Strategic Plan (1999)
The Strategic Plan encourages the expansion and availability of affordable, diverse, year-round
housing. (page 18)
• Seward has a wide range of housing alternatives to meet the varied needs of Seward's
long term and seasonal residents.
The Strategic Plan also promotes residential and commercial development inside the City (page
9).
• Encourage construction of residential and seasonal housing at all market levels.
4. Public Services and facilities are adequate to serve the proposed use.
Finding: This condition has been established or shall be through the conditions.
Water, sewer, and power are available to the property. Adequate fire, police and solid
•
Seward Planning and Zoning Commission
Resolution No. 2015-19
Page 3 of 4
waste disposal services are available to the property. City code also requires that every
building or building site within the City must provide containers suitable for refuse
collection (SCC 14.05). All construction waste and debris must be removed weekly and
upon completion of construction.
5. The proposed use will not be harmful to the public safety, health or welfare.
Finding: This condition has been established or shall be through the conditions.
Based on Code, two parking spaces are required "per dwelling unit." Although within
the Central Business District no on-site parking is required for commercial uses, the
applicanthas indicated two (2) on:site parking spaces are available. The construction
shall meet all current building and fire code requirements and be reviewed through the
building permit process. Adequate fire and police services are available to the property.
6. Any and all specific conditions deemed necessary by the commission to fulfill the
above-mentioned conditions shall be met by the applicant These may include but are
not limited to measures relative to access, screening, site development, building design,
operation of the use and other similar aspects related to the proposed use.
Based on the above findings and conclusions, approval of the CUP shall be subject
to the following conditions:
1. Construction waste and debris shall be removed weekly and upon completion of
construction project. •
2. The applicant shall work with staff through the building permit,process to address
and accomplish any required upgrades to the water, sewer and/or electric utilities.
3. The Planning and Zoning Commission may modify this conditional use permit if
changed uses no longer conform to the standards and legal requirements justifying
its present approval, or if the permittee applies for a modification to meet a
different development plan that conforms to the standards and legal requirements
for approval of a conditional use permit.
4. Any proposed modification plan shall be subject to the public notice and public
hearing requirements of law, which shall occur only after payment of the filing
fee established by resolution of the city council.
Section 2. The Planning and Zoning Commission fmds the proposed use, subject to the
above conditions, satisfies the criteria for granting a conditional use permit provided the
conditions listed in Section 1, Subsection 6 are met by the applicant, and authorizes the
administration to issue a conditional use permit to Ristine Casagranda to construct a single-
family home within the Central Business Zoning District at 329 Third Avenue.
Section 3. The Planning and Zoning Commission fmds that adherence to the conditions of
this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320;
Conditional Use Permits, and authorizes the administration to issue a conditional use permit.
Additionally, the administration shall periodically confirm the use conforms to the standards of
Seward Planning and Zoning Commission
Resolution No. 2015-19
Page 4 of 4 ,
its approval.
Section 4. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6t1 day of
October, 2015.
THE CITY OF SEW, ' 1
/0 0
Cin•f cklund, Chair
AYES: Anderson, Swann, Seese, Fleming, Ecklund
NOES: None
ABSENT: Coulter
ABSTAIN: None
VACANT: One
ATTEST:
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A 1 A__, 1. 11'1,—-( 4
Jo anna Ki ey, ' MC,
ty Clerk
(City Seal)
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