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HomeMy WebLinkAboutRes1995-012 Sponsored by Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION NO. 2S=ll A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, REGARDING A REQUEST FOR A VARIANCE FROM THE SEWARD ZONING CODE PARKING REQUIREMENTS AND AN APPLICATION FOR A CONDITIONAL USE PERMIT TO OPERATE A FAST FOOD WAGON ON LOT 9A, BLOCK 4, OCEANVIEW SUBDIVISION WHEREAS, an application for a Conditional Use Permit was submitted by property owner Jay C. Bishop on behalf of Richard Lewis for operation of a self-contained fast food wagon on Lot 9A, Block 4, Oceanview Subdivision which is zoned Auto Commercial; and WHEREAS, transient merchants are allowed in the Auto Commercial District by Conditional Use Permit; and WHEREAS, a request was also received from Jay C. Bishop for a variance from SCC ~ 15.10.215 to relax the parking requirement on Lot 9A, Block 4, Oceanview Subdivision in order to accommodate the proposed transient merchant operation; and WHEREAS, according to SCC ~ 15.10.325 a variance allows for the relaxation of the development requirements of the Seward Zoning Code when the literal enforcement of the Zoning Code would deprive a property owner of the reasonable use of his real property; and WHEREAS, a duly advertised public hearing, meeting the requirements set forth in ~ 15.01.040 was held by the Planning and Zoning Commission on May 10, 1995. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Planning and Zoning Commission has made the following Findings of Fact based on the applicant's requests for a variance and conditional use permit: 1. Lot 9A, Block 4, Oceanview Subdivision, does not have adequate space available to provide the off-street parking as required by SCC ~ 15.10.215, for the laundry and dry cleaning use which presently exists on the lot. 2. The proposed action to operate a fast food wagon on the lot does not provide adequate on-site open space for light and air and to prevent and fight fires in that the applicant's proposal identifies that the wooden deck will encroach into the side yard setback and possibly into the Seward Planning and Zoning Commission Resolution No. 95-12 adjacent lot. Further, a lack of separation between the proposed food wagon and the laundromat increases the exposure risk in case of a fire. 3. Granting the Conditional Use Permit for operation of a fast food wagon on Lot 9A would further increase the parking congestion within the Fourth Avenue right-of-way in front of Seward Laundry & Dry Cleaning. 4. The proposed use is not in harmony with the Comprehensive Plan. The Seward 2010 Comprehensive Plan recommends to "continue efforts to require the development of off-street parking facilities through provisions within the zoning ordinance" and "continue to restrict on- street parking along highways, arterial and other minor arterials." 5. The current lack of on-site parking on the lot was the result of the following actions: a) the original Block 4, Oceanview Subdivision Plat vacated the alley behind the property which took away any legitimate access to the back of the property; b) available parking was depleted when Lot 9 was split into Lots 9A and 9B in 1980 and then sold to separate property owners; and c) parking was further depleted in the late 80's when a 25' x 25' addition was added to the rear of the building and the use was expanded. 6. Documented history identifies that the applicant is not at fault for creating the existing lack of on-site parking on Lot 9A, Block 4, Oceanview Subdivision, however, he is attempting to add a use which would deplete an existing on-site parking space and require additional parking on the lot, which is not available. 7. The requested variance is excessive in that it identifies a financial loss or inconvenience if the applicant is unable to allow a transient merchant operation on the property. 8. The requested variance to relax the parking requirements to allow a transient merchant to operate on the property is not the minimum variance necessary to permit the reasonable use of the land or structure. The applicant currently has a reasonable use of the property with the laundry and dry cleaning use, however, without a variance, the applicant can not legitimately continue the existing laundry use. Section 2. Based on the Findings of Fact specified in Section 1, the Planning and Zoning Commission grants Jay C. Bishop Jr. a variance exempting Lot 9A, Block 4, Oceanview Subdivision, from the off-street parking requirements of the Seward Zoning Code for the current laundry and dry cleaning use subject to the following conditions: a) The use of Lot 9A, Block 4, Oceanview Subdivision shall not be increased in any way which would increase the parking requirements unless in conformance with the Seward Zoning Code. Seward Planning and Zoning Commission Resolution No. ~ b) The available on-site parking space on Lot 9A, Block 4, Oceanview Subdivision shall not be further reduced unless in conformance with the Seward Zoning Code. Section 3. Based on the Findings of Fact specified in Section 1, the Planning and Zoning Commission hereby denies the request for a Conditional Use Permit to operate a fast food wagon on Lot 9A, Block 4, Oceanview Subdivision. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 10th day of May, 1995. THE CITY OF SEWARD, ALASKA ~~A- Blaine Bardarson, Chairman AYES: NOES: ABSENT: ABSTAIN: Bardarson, Carpenter, Clark, Corrigan, Kincheloe, Niebrugge Castellina None None ATTEST: '" ~~ \;. '-:~ '<"/"',,'1 J j ~ ;':: " \