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HomeMy WebLinkAboutRes1993-003 Sponsored by lones CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION NO. 93-03 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, APPROVING A CONDITIONAL USE PERMIT TO RON MAGER FOR OPERATION OF A SALMON BAKE AND BBQ STYLE RESTAURANT WHEREAS, Ron Mager has applied to operate a salmon bake/BBQ style restaurant in the Small Boat Harbor at 1404 Fourth Avenue within Block 6, Oceanview Subdivision; and WHEREAS, the applicant also wishes to utilize a temporary structure from which to conduct business during the first year of operation; and WHEREAS, the proposed restaurant use is allowed by conditional use permit within the Harbor Commercial Zone; and WHEREAS, the City Code does not provide for temporary structures except for office/security purposes; and WHEREAS, this project is proposed on a parcel of land for which a conditional use permit was issued in 1989 to Tanya Sandefur, dba Four Seasons Property Manage- ment for development of a four-building complex of which the salmon bake/BBQ restaurant would take the place of two of those buildings; and WHEREAS, those sections of the Zoning Code relating to conditional uses, land uses allowed and unlisted uses have all be reviewed in conjunction with the applicant's request; and WHEREAS, a public hearing was conducted on March 3, 1993, allowing citizens to voice their concerns regarding the applicant's request; NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. Approval of this conditional use permit is subject to approval of an amendment to the conditional use permit issued to Tanya Sandefur on AprilS, 1989. Seward Planning and Zoning Commission Resolution No. 93-OJ ('13-oiJ Section 2. A conditional use permit for the operation of a salmon bake/BBQ style restaurant at 1404 Fourth Avenue is hereby approved and issued to Ron Mager subject to the following conditions: 1. That the area along Fourth Avenue which is denoted as Parcel B on the Four Seasons Property Management Lease with the Alaska Railroad shall remain as public parking as stated in the lease agreement. 2. That permanent building designs be presented for commission review prior to the issuance of a building permit. 3. That the facility meet all local and state building, fire and health codes. Section 3. The use of a temporary structure during the first year of operation of said salmon bake/BBQ style restaurant is not approved for the following reasons: 1. Although a temporary structure is technically not a sue, it does not appear to fall under the "mobile or temporary building for office/security" designation in the Land Uses Allowed section of the Zoning Code. 2. Code. It does not meet the criteria outlined under ~ 15.10.130 of the Seward City Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of March, 1993. THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: Bardarson, Carpenter, Castellina, Nelson, Shaw, Sutherland None Kowalski None Seward Planning and Zoning Commission Resolution No. 93-ca (93 c-il ATTEST: (City Seal) APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the City of Seward, Alaska fL.- r ~ Thomas F. Klinkner . City Attorney