HomeMy WebLinkAboutRes2019-006 CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2019-006 onsored by: Applicant
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF SEWARD, ALASKA, GRANTING A
CONDITIONAL USE PERMIT TO SHELLY LINDELL TO OPERATE
A MIXED USE SEVEN (7) UNIT MULTI FAMILY DWELLING ON
LOT N10 FEET OF LOT 36 AND ALL OF LOT 37 BLOCK 8,
ORIGINAL TOWNSITE, LOCATED AT 232 FIFTH AVENUE;
WITHIN THE CENTRAL BUSINESS(CB)ZONING DISTRICT
WHEREAS,Shelly Lindell has applied for a Conditional Use Permit(CUP)from the
Seward Planning and Zoning Commission to operate a seven unit multi-family dwelling at
232 Fifth Avenue,North 10 feet of Lot 36 and all of Lot 37 Block 8,Original Townsite;and
WHEREAS,the property is in the Central Business(CB) Zoning District;and
WHEREAS, according to the Seward City Code, Land Uses Allowed Table
15.10.226, a dwelling, multi-family (3 or more units) is allowed in the Central Business
Zoning District as a conditionally permitted use;and
WHEREAS, the structure on the subject property was built in 1931, prior to zoning
requirements for a Conditional Use Permit;and
WHEREAS, in accordance with section 15.10.315 (h) (1), a use that 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 (g)(4), Conditional Use Permits
may be transferred from one owner to another for the same use,but if there is a change in use
on the property,a new permit must be obtained;and
WHEREAS, the applicant has applied for a lodging permit, seeking to change the
use of the dwelling from long-term rental to a mixed use of long-term and short-term rentals;
and
WHEREAS, having complied with the public notification process; on May 7, 2019,
the Seward Planning and Zoning Commission held the required public hearing on the
Conditional Use Permit application.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning.and Zoning
Commission that:
Section 1. According to SCC 15.10.320.D., the Commission shall establish a finding
Seward Planning and Zoning Commission
Resolution No. 2019-006
Page 2
that the use satisfies the following conditions prior to granting a conditional use permit:
A. The use is consistent with the purpose of this chapter (the Seward Zoning Code)
and the purposes of the zoning district.
Finding: This condition has been met. The property is zoned Central Business(CB).
The Central Business District provides for an area of convenient, attractive,
concentrated commercial development primarily intended for retail, financial,
entertainment and professional services occurring within enclosed structures.
Regulations applying to this zone are designed to encourage a compact group of
businesses of the type which are mutually beneficial and located close enough
together to encourage walk-in trade. A multi-family dwelling is allowed in the
Central Business District by conditional use permit from the Planning and Zoning
Commission.
B. The value of adjoining property will not be significantly impaired
Finding: This condition has been met. The neighboring properties include the
City Hall Annex building, Seward Community Library, and a single family home.
The subject property was developed in 1931 as a multi-family dwelling. The
applicant has stated that they intend to renovate the building exterior, and have
completed some interior renovations. There is no indication that the development
will negatively impact the value of adjoining properties.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: This condition has been met. The proposal is in harmony with the Seward
2030 Comprehensive Plan(2017)and Strategic Plan(1999)
Seward 2030 Comprehensive Plan(approved by Council,May 30, 2017)
3.2.1 Promote residential and commercial development within the City of Seward and
its vicinity in accordance with community values(Page 13)
Strategic Plan(1999)
The Strategic Plan promotes residential and commercial development inside the City
(Page 9).
D. Public Services and facilities are adequate to serve the proposed use.
Finding: This condition has been met. Adequate water, sewer, and power are
available to the property as well as adequate fire, police and solid waste disposal
services. City code requires that every business within the City must provide
containers suitable for refuse collection (SCC 14.05). Construction waste and debris
must be removed weekly and upon completion of construction.
E. 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, plus V2 space for
every unit larger than 2 bedrooms or greater than 1,000 square feet in size. Although
Seward Planning and Zoning Commission
Resolution No. 2019-006
Page 3
within the Central Business District no on-site parking is required for commercial
uses, the applicant has indicated four (4) on-site parking spaces are available. The
building shall meet all building and fire code requirements and be reviewed through
the building permit process. Adequate fire and police services are available to the
property.
F. 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. The applicant shall work with City staff through the building permit
process to address and accomplish any required upgrades or
modifications prior to the issuance of any business licensing relating to
the mixed use of the property.
2. The applicant shall work with all City Utility Departments for any
possible upgrades to the water, sewer and/or electric utilities prior to a
certificate of occupancy being issued.
3. All parking and maneuverability shall remain on site for the life of the
use. Seven(7)off-street parking spaces are required.
4. Bear-proof/bird resistant containers shall be provided for all garbage and
refuse for the life of the use.
5. Construction waste and debris shall be removed weekly and upon
completion of construction.
6. Per Seward City Code §15.10.325.F. an approved CUP shall lapse six
months from the date of approval if the use for which the permit was
issued has not been implemented or a building permit obtained. The
Commission may grant a six month extension upon finding that
circumstances have not changed sufficiently since the date of initial
permit approval.
7. Modification of final approval of a conditional use permit may, upon
application by the permitee, be modified by the Planning and Zoning
Commission:
A. When changed conditions cause the conditional use to no longer
conform to the standards for its approval.
B. To implement a different development plan conforming to the
standards for its approval.
C. The modification plan shall be subject to a public hearing and a
filing fee set by City Council Resolution.
8. The applicant shall obtain a professional architectural code study to
address the change in use of the building
Seward Planning and Zoning Commission
Resolution No. 2019-006
Page 4
Section 2. The Planning and Zoning Commission finds that the proposed use, subject to
the above conditions satisfies the criteria for granting a conditional use permit provided the
conditions listed on Section 1, Subsection F. are met by the applicant, and authorizes the
administration to issue a conditional use permit for a seven unit multifamily dwelling to
Shelly Lindell at 232 Fifth Avenue, North 10 feet of Lot 36 and all of Lot 37 Block 8,
Original Townsite subject to the above conditions.
Section 3. The Planning and Zoning Commission finds 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 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 7th day
of May,2019.
THE CITY OF SEWARD
Martha Fleming, ice Chf
AYES: Hatfield, Swann, Seese,Charbonneau, Fleming
NOES:
ABSENT: Ambrosiani,Ecklund
ABSTAIN:
VACANT:
ATTEST:
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