HomeMy WebLinkAboutRes2019-008 Sponsored by: Applicant
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2019-008
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE
PERMIT TO BRAD SNOWDEN TO OPERATE A MIXED USE FOUR (4)
UNIT MULTI FAMILY DWELLING ON LOT 35 AND LOT 36 BLOCK 23,
ORIGINAL TOWNSITE, LOCATED AT 430 FOURTH AVENUE; WITHIN
THE OFFICE RESIDENTIAL(OR)ZONING DISTRICT
WHEREAS, Brad Snowden has applied for a conditional use permit from the
Seward Planning and Zoning Commission to operate a multi-family dwelling at 430 Fourth
Avenue, Lot 35 and Lot 36,Block 23,Original Townsite;and
WHEREAS,the property is in the Office Residential(OR) Zoning District;and
WHEREAS, according to the Seward City Code, Land Uses Allowed Table
15.10.225, a dwelling, multi-family (3 or more units) is allowed in the Office Residential
Zoning District as a conditionally permitted use;and
WHEREAS,the structure on the subject property was built in 1984, 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 i. ,hearing on the
Conditional Use Permit application. ti. ,t•. :(4►_ .(;; :;
NOW, THEREFORE, BE IT RESOLVED by the:Seward'Plannin, .arid-Zoning
Commission that:
Section 1. According to SCC 15.10.320.D., the Commission shall:tstablisif a finding
that the use satisfies the following conditions prior to granting a conditionat.use`'permit:
Seward Planning and Zoning Commission
Resolution No. 2019-008
Page 2
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 Office
Residential (OR).
The Office Residential zoning district is intended to provide for medium density
residential, commercial and office development designed to act as a transition zone
between the high density central business district and surrounding medium-high
density residential districts. A multi-family dwelling is allowed in the Office
Residential District by conditional use permit from the Planning and Zoning
Commission.
The present structure on the property is sited on two originally platted 30 x 100
Original Townsite lots. City Code §12.01.030 states that: no building, except a
single-family residence, may be constructed across platted property lines. The
applicant must vacate the interior lot line between Lot 35 and Lot 36 to be
compliance with City Code.
B. The value of adjoining property will not be significantly impaired
Finding: This condition has been met. The neighboring properties to the north
and south are residential. The parcel to the north consists of multi-family housing.
The parcels to the west, across Fourth Avenue include a church, and a mixed use
office and residential building. The parcels to the east, across the alley consist of
single-family homes. 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 animal
proof containers suitable for refuse collection (SCC 14.05). Construction waste and
debris must be removed weekly and upon completion of construction. Off-street
parking shall be provided in accordance with §15.10.215. The submitted site plan
shows a total of four 2 bedroom apartments, at approximately 800 square feet per
Seward Planning and Zoning Commission
Resolution No. 2019-008
Page 3
unit. A total of 8 off street parking spaces shall be required for the life of the building.
E. The proposed use will not be harmful to the public safety, health or welfare.
Finding: This condition has been met. This four unit multi-family dwelling will not
be harmful to the public safety, health or welfare. The building shall meet all building
and fire code requirements and be reviewed through the building permit process,
prior to the issuance of any business licensing relating to the mixed use of the
property. The submitted parking plan includes some parking in the rear of the
building. A dedicated lighted walkway shall be provided for access to the rear
parking lot from the front entrance of the building.
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 complete an interior lot line vacation prior to the
issuance of any business licensing relating to the mixed use of the
property.
2. 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.
3. 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.
4. All parking and maneuverability shall remain on site for the life of the
use. Eight (8) parking spaces are required, per Seward City Code
§15.10.215(b).
5. A lighted walkway shall be provided for residents to access rear parking
from the front entrance of the building
6. Bear-proof/bird resistant containers shall be provided for all garbage and
refuse for the life of the use. The trash receptacle shall be screened from
view with fencing,as described on submitted site plan.
7. Construction waste and debris shall be removed weekly and upon
completion of construction.
8. 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.
Seward Planning and Zoning Commission
Resolution No. 2019-008
Page 4
9. Modification of final approval of a conditional use permit may, upon
application by the permitee, be modified by the Planning andZoninyg
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.
10. The applicant shall obtain a professional architectural code study to
address the change in use of the building,with compliance.
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 four unit multi-family dwelling to Brad
Snowden at 430 Fourth Avenue, Lots 35 and 36, Block 23, 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
iartha Fleming, Vif4 hair
AYES:Hatfield, Swann, Seese,Charbonneau,Fleming
NOES:
ABSENT: Ambrosiani,Ecklund
ABSTAIN:
ATTEST: ,�***brz��r••s.
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