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Home My WebLink About03162006 Planning & Zoning Packet . Seward Planning & Zoning Commission , Boat Storage, Commercial and Storage, Outdoor, Yard, Material/Equipment, Zoning Violation Determination Appeal Hearing Packet , . March 16, 2006 Appeal Hearing City Council Chambers Beginning at 6:30 p.m. Seward Planning & Zoning Commission Boat Storage, Commercial and Storage, Outdoor, Yard, MateriaVEquipment Determination Appeal Hearing 6:30 p.m. City Council Chambers March 16, 2006 Marianna Keil Chair . Term Expires 02/07 1. Call to Order Tom Smith Vice-Chair Term Expires 02/07 2. Opening Ceremony Margaret Anderson Commissioner Term Expires 02/09 A. Pledge of Allegiance 3. Roll Call Kevin Clark Commissioner Term Expires 02/09 4. Procedures Outlined. A. Establish time limits for each side. Lynn HoM Commissioner Term Expires 02/08 5. Appeal Hearing Kay Strobel Commissioner Term Expires 02/08 6. Executive Session 7. Return to Open Session Sandie Roach' Commissioner Term Expires 02/07 A. Motion and public vote of findings OR B. Motion to postpone to subsequent date Clark Corbridge City Manager 8. Adjournment , . Malcolm Brown Planner Donna Glenz Planning Assistant Planning & Zoning Commission Zoning Violation March 16, 2006 Appeal Hearing Agenda Zoning Violation Determination Appeal Hearing March 16, 2006 6:30 p.m. Tab~~tyolu:~~!:m~~~ City Administration Report Staff Agenda Statement ............................................. ...... ...................... Page 3 Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Building Permit 2005-51 letter of denial 12/12/05 Page 5 Building Permit 2005-5, 12/12/05..........................Page 6 Building Permit 2005-51, Plan Review.................. Page 7 12/15/2005 Staff file memo.................................... Page 8 12/21/05 Staff memo to City Manager...................Page 9 2/9/2006 Determination Letter to Appellant ........Page 11 Staff Supporting Documents Exhibit G. Exhibit H. Exhibit I. Exhibit J. Exhibit K. Exhibit L. Exhibit M. Property Location Map..........................................Page 15 Portion of the Current Zoning Map .......................Page 16 Page 1 of the Land Use Map .................................Page 17 Photos of the Existing Boat Storage......................Page 18 Land Uses Allowed Table 15.10.225 ....................Page 21 Page 15-23, Definition of Outdoor storage, Planning & Land Use Regulations............................................Page 27 City of Seward Official Zoning Map .............................. * Appellant notice of Appeal.............................................................................Page 28 Appellant Supporting Documents Exhibit 1. Exhibit 2. Appellant Statement ..............................................Page 29 Appellant letter to COUIlciI2/15/06 .......................Page 30 * Wall map provided for visual display, too large for packet, available for view at Community Development Office Zoning Violation Determination Appeal Hearing March 16, 2006 Table of Contents Page 1 Public Concern Documents ;; Written comment submitted March 2, 2006 - Humphrey.................. Page 31 Written comment submitted March 8, 2006 - King ............................Page 32 Written comment submitted March 10, 200 - Seese ...........................Page 33 Prof of l'Jotification Documents l'Jotice of Appeal Hearing date to appellant.........................................Page 34 l'Jotice of Appeal Hearing date reschedule to appellant....................... Page 35 Agreement from Appellant to the reschedule of Appeal Hearing........ Page 36 Public Posting l'Jotice of Appeal Hearing ............................................ Page 37 Public Posting l'Jotice of reschedule of Appeal Hearing...................... Page 38 Affidavit of Mailing......... .............. ....................... ................................ Page 39 Affidavit of Public Posting of Property ................................................Page 40 Certification of2/9/06 Appellant letter was received ..........................Page 41 * Wall map provided for visual display, too large for packet, available for view at Community Development Office Zoning Violation Determination Appeal Hearing March 16, 2006 Table of Contents Page 2 P&Z Agenda Statement From: March 14,2006 /'17 { 3-g-0," Clark Corbridge, City Manager U f/L Malcolm G. Brown, Planner",4A1'L Meeting Date: Through: Agenda Item: Appeal of Community Development of a zoning violation consisting of "Boat storage, commercial" and "Storage, outdoor, yard, material/equipment" at 1001 Fourth Avenue, Lot 8, Block 3, Oceanview Subdivision in the Central Business District SUMMARY Community Development received a complaint that the property owned by Mr. and Mrs. Waliezer at 1001 Fourth Avenue, Lot 8, Block 3, Oceanview Subdivision in the Central Business District was storing boats. The staff assessment confirmed that that activity was taking place, but staff was not able to contact the owners to initiate abatement due to the backlog of Community Development tasks, including other complaints concerning zoning violations. When Mr. Waliezer applied for a building permit to repair and upgrade the fence, staff contacted him and said that the building permit review was delayed due to a zoning violation on the property. After staff discussed the situation with Mr. Waliezer and he expressed a difference of opinion regarding the interpretation of the zoning ordinance, staff sent Mr. Waliezer a letter dated February 9th, 2006 outlining the zoning violations taking place and providing detail on the appeal process. DISCUSSION The pertinent information sent by staff to Mr. Waliezer on February 9th, 2006 summarizes staff's understanding of what has taken place and what is required by the Seward City Code (SCe) and is brought forth as follows: The staff assessment has determined that the following activities have been taking place "boat storage, commercial" and "storage, outdoor, yard, material/equipment". These are not allowed uses in the Central Business District (CBD), as per SCC Table 15.10.225, Land Uses Allowed (see attached). The definition of "storage, outdoor" is: "The commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods, junk, material, merchandise or vehicles in 3 Zoning Violation Determination Appeal Hearing Jerry Waliezer Appeal Date: March 16, 2006 Page 2 - the same place for an extended period of time. In the harbor commercial area, the use is limited to the storage of boats only" (SCC 15.10.140). The following activity is allowed in the CBD: "Business, marine retail sales and services ". However, since the boat maintenance activities are taking place at the Waliezer's property on Leirer Street in the Industrial zoning district, and the temporary storage of boats is done as a supporting task while the boats are awaiting parts at the lot in the CBD, the staff determination is that the activity that is actually taking place on the CBD lot is "Business, marine retail sales and services, industrial," which is not an allowed use in the CBD. Therefore, in order for the activity at lot at Lot 8, Block 3, Oceanview Subdivision in the CBD to be in compliance with the Zoning Code, it is necessary to cease the performance of "boat storage, commercial and "storage, outdoor, yard, material/equipment" within the next thirty calendar days, as per SCC 15.01.050, Enforcement and penalties: As noted in the staff file memo of December 15,2005. The recommendation of the Land Use Map is an area which includes Lot 8, Block 3, Oceanview Subdivision be rezoned to Auto Commercial (AC), in which the "boat storage, commercial" is allowed outright; however Mr. Waliezer stated he was not interested in pursuing the recommended zoning change. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2006) --K- The Comprehensive Plan supports enforcement of the Seward City Code on pages 11, 13 and 20. 2. Strategic Plan (1999) l RECOMMENDATION: Commission find in favor of the staff determination and verify that "boat storage, commercial" and "storage, outdoor, yard, material/equipment" are taking place at 1001 Fourth Avenue, Lot 8, Block 3, Oceanview Subdivision in the Central Business District and are not uses allowed as per the SCC Table 15.10.225 Land Uses Allowed, and the defInitions provided in SCC 15.10.140. The Commission may also wish to consider fInding the staff interpretation of the Code correct and support the previous staff recommendation of the Land Use Plan, recommending the area which includes Lot 8, Block 3, Oceanview Subdivision be rezoned to Auto Commercial (AC) in which the "boat storage, commercial" is allowed outright. tf CITY OF SEWARD p.o. BOX 167 SEWARD. ALASKA 99664-0167 ..'...,....../... .;/.. . . . ,.' . / . . -'... . .' ," . Main Office (907) 224-4050 . Police (907) 224-3338 . Harbor (907) 224-3138 . Fire (907) 224-3445 . City Clerk (907) 224-4046 . Engineering (907) 224-4049 . Utilities (907) 224-4050 . Fax (907) 224-4038 December 12, 2005 CO~y Jerry Waliezer P.O. Box 789 Seward, AK 99664 Re: Plan Review for Building Permit Application # 2005-51 Attached is a copy of the Building Permit Application Plan Review Transmittal for BP permit # 2005-51. Unfortunately we are not able to grant your request for a building permit due to ongoing zoning violations; boat storage is not allowed in a Central Business District (CBD). Parking is allowed for 72 hours only. If you have any questions regarding this matter, please contact Malcolm Brown with Conununity Development at 224-4065. Cc. Tom Shepard Project Manager b BUILDING PERMIT APPLICATION PLAN REVIEW TRANSMITTAL Applicant's Name: Jerry Waliezer Permit #: 2005-51_ Location of Project: Lot 8 Block 3 Ocean View Parcel #14726007 ROUTED TO: I:8J Fire Department D Public Works D Electric I:8J Community Development I:8J Building Division/Official I:8J Other Building Inspector Routed Date: 12-12-2005 Return to Building Dept by: Attached are plans for the above application. These are transmitted for review, comments,and approval by your department. If additional information for corrections or clarifications is requ' a copy of this form with your request or other action needed. Approved: D YES or REMARKS: DOriginal Construction Documents (Commercial plans must be stamped by an Engineer or Architect) DAmended Construction Documents . DBuilding Material List (to assure materials to be used meet code requirements) Please return the plans submitted for review so they can be approved in writing or by stamp, as "Reviewed for Code Compliance" once the building official issues a permit. One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant to be kept at the site of work and shall be open to inspection by the building official or his or her authorized representative. Submitted for Review: Received and Reviewed by ~~~ (Name) Review Comments Returned to Building Dept:p' 4a:: ~ . (Date) on /,J.. hE: C (}Js-- / (Date) ~. - (Department) (Copy to file) Plans Reviewed As: Type of Construction: Commercial: []New DRemodel ~Other G ZONING - SITE PLAN REVIEW (SCC' 15.10.220) COpy Property Owner: Jerry Waliezer Builder: Same Property Address: 1001 Fourth Avenue Tax Parcel No. 147-260-07 Legal Description: Lot 8, Block 3, Oceanview Sub. Permit # 2005-51 Proposed Use: Boat parking Existing Structures: Fence. Zoning District: CBD, Central Business District Use Allowed: Yes, but only for 72 hour parkine:. Review Requirements: Code Standards Proiect Proposal BldgHt(Ff) 15.10.140 34 N/A Minimum buildable lot size (sf) 3,000 to 9,000 8,276 sq. ft. Lot width (ft) 30 to 90 81' Front Yard Setback (Ff) 15.10.22 (c) none N/A Side Yard Setback (FT) 15.10.220 (c) (5) none N/A Side Yard Setback Adjacent Street (Ff) 15.10.220 (c) (4) none N/A Rear Yard Setback (no rear for comedot) (FT) 15.10.220 (c) (5) none N/A Special Setback when abutting residential district and not same requirements as N/A separated by aright of way 15.10.230 district abutting Max % Lot Coverage 15.10.140, Lot, buildable oruseab1e area 100 N/A Snow does not shed to adjacent property &Jor ROW N/A Signs SCC 12.01 N/A Flood zone & 17' abvMLLW '12.01.015 &KPB 21.06 In Flood Zone C, Flood Plain Development Permit not required Building on Interior Lot Lines(commercial)' 12.01.030 N/A Utility EasementslEncroachments(look on deeds/p1ats) None shown on site plan. Snow does not shed to adjacent property &/or ROW: YesINo Comments: **Denied due to ongoing zoning violation, boat stora2e is not allowed in the CBD. Parking is allowed for only 72 hours. Site Plan: Denied j~~~iY~~ Community Development Date Note: if a driveway is proposed on Seward HighwayfThird Avenue a state driveway permit is required. 1 MEMORANDUM City of Seward Community Development Date: December 15,2005 To: File From: Malcolm G. Brown, Planner Subject: Conversation with Jerry Waliezer re: zoning violation of boat storage at 1001 Fourth Avenue, Lot 8, Block 3, Oceanview Subdivision Jerry Waliezer visited Community Development today in response to a letter stating that he had a zoning violation due to boat storage. He said that he considered his activity to be allowed outright as per SCC Table 15.10.225, Land Uses Allowed, "Business, marine retail sales and services". He stated that the boats were parked onsite due to maintenance activities. I said I would review this description of the usage. When asked about his concerns for rezoning to Auto Commercial as has been recommended in the Land Use Plan, he said he was satisfied with the current CBD zoning and not interested in rezoning. He said he did not remember having conversations with either myself or Donna Glenz re: parking for 72 hours versus storage during the building permit process. He also had concerns with Bay City Motors storage ofU-Haul vans in the alley and storage of a boat on their lot. B MEMORANDUM City of Seward Community Development Date: December 21,2005 To: Clark Corbridge, City Manager From: Malcolm G. Brown, Planner Subject: Appeal for Jerry Waliezer re: zoning violation of boat storage, commercial at 1001 Fourth Avenue, Lot 8, Block 3, Oceanview Subdivision Jerry Waliezer visited Community Development on December 15th, 2005 in response to the letter stating that he had a zoning violation on his lot in the Central Business District. Mr. Waliezer's building permit for additional work on his fence and gate is being held until this zoning violation is abated. The zoning violation is "boat storage, commercial. " The definition of "storage, outdoor" is: The commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods, junk, material, merchandise or vehicles in the same place for an extended period of time. In the harbor commercial area, the use is limited to the storage of boats only" (SCC 15.10.140). When he applied for the original building permit for the fenced area during the summer of2004, I told him that "boat storage, commercial. " as not an allowed use on a CBD lot. He said that the lot would be used for parking by recreational boaters who needed short term parking for their trailers. This was in response to the overflow parking needs of harbor users. Donna also had a similar conversation with his wife, Cindy while reviewing the sign permit application. Mr. Waliezer said he does not remember having this conversation. The original complaint from a citizen was received during the late fall of 2004, the Waliezer's were not contacted until the building permit review due to the backlog of zoning violations and the lack of staffing available. He stated that the boats were onsite due to maintenance activities at his Volvo dealership and that they were rotated, depending on the duration of the maintenance. He said that he considered his activity to be allowed outright as per SCC Table 15.10.225, Land Uses Allowed, "Business, marine retail sales and services ", However, since his marine mechanical activities are an Industrial use and are occurring in the Industrial zoning district, this could only be allowed as "Business, marine retail sales and services, ;- / q industrial, " which is not an allowed use in the CBD. After doing another review, I have arrived at the same conclusion, having a fenced area in which the only activity is storage of boats is not "Business, marine retail sales and services". I spoke with Mr. Waliezer after the Planning Commission work session for Icicle's bunkhouse, December 20th, 2005, and told him that I did not consider the activity to be "Business, marine retail sales and services" and that our administrative appeal process allowed him to seek an appeal from the City Manager. He said that was what he intended to do when he meets with you this Friday. There are. several recommended courses of action: 1. Cease the performance of boat storage at this CBD lot, or 2. Amend the Zoning Code to allow boat storage in the CBD, which is extremely unlikely to happen, or 3. Rezone the 9 lots in this "island" district of the CBD to Auto Commercial, as was approved in the Land Use Plan by the Planning Commission and Council. Although the business owners would not be able to have 100% lot coverage and would have to provide onsite parking, this seems like it would be amenable with the current operations of the businesses on these 9 lots. In spite of the fact that they are not required to currently have onsite parking, they all have parking for their customers and staff. If I can provide further detail, please don't hesitate to call. Donna is also quite familiar with this issue and can assist you if! am not available. /6 ", 'l' . . . Main Office (907) 224-4050 . Police (907) 224-3338 . Harbor (907) 224-3138 . Fire (907) 224-3445 . City Clerk (907) 224-4046 . Engineering (907) 224-4049 . Utilities (907) 224-4050 . Fax (907) 224-4038 < CITY OF SEWARD p.o. BOX 167 SEWARD, ALASKA 99664-0167 February 9, 2006 Jerry Waliezer PO Box 789 Seward, AK 99664 Re: Zoning violation consisting of "Boat stomge, commercial" and "Storage, outdoor, yard, material/equipment" at 1001 Fourth Avenue, Lot 8, Block 3, Oceanview Subdivision in the Central Business District Dear Mr. Waliezer, This letter is being sent in response to requests for further documentation from staff. Your assistance is being sought with the following activities which have been taking place at your land at 1001 Fourth Avenue, Lot 8, Block 3, Oceanview Subdivision. Complaints have been received regarding the boat storage. The staff assessment has determined that the following activities have been taking place "boat storage, commercial" and "storage, outdoor, yard, material/equipment". These are not allowed uses in the Central Business District (CBD), as per Seward City Code (SCe) Table 15.10.225, Land Uses Allowed (see attached). The definition of "storage, outdoor" is: "The commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods, junk, material, merchandise or vehicles in the same place for an extended period of time. In the harbor commercial area, the use is limited to the storage of boats only" (SCC 15.10.140). The following activity is allowed in the CBD: "Business, marine retail sales and services". However, since the boat maintenance activities are taking place at your property in the Industrial zoning district, and the tempomry storage of boats is done as a supporting task while the boats are awaiting parts at your lot in the CBD, the staff determination is that the activity that is actually taking place on the CBD lot is "Business, marine retail sales and services, industrial," which is not an allowed use in the CBD. Therefore, in order for the activity at your lot at Lot 8, Block 3, Oceanview Subdivision in the CBD to be in compliance with the Zoning Code, it is necessary to cease the performance of "boat storage, commercial and "storage, outdoor, yard, material/equipment" within the next thirty calendar days, as per SCC 15.01.050, Enforcement and penalties: Page 1 of4 Zoning Violation, Jerry Waliezer, Lot 8, Block 3, Oceanvicw Subd. II " . . "SCC 15.01.050. Enforcement and penalties. (a) Procedures for abating violations. (1) When a violation is discovered, the administrative official shall notify in writing, via mail or personal delivery with proof of receipt or by notice posted at the site of the violation, the person responsible for or the owner of the property upon which said violation occurs. The notice shall specify the violation and order abatement within a reasonable period of time, to be no longer than 90 days. Interpretation and abatement action of all purported violations known to the administrative official shall be presented to the commission at its next regular meeting. (2) If a violation is not corrected within the aforementioned reasonable time, the city manager shall notify the city attorney, who may initiate action to abate the violation, including the filing of criminal charges as necessary. (b) Penalties. See chapter 1.05, violations and penalties. (Ord. 626, ~ 3,1989; Ord. 99-16, ~ 1, 1999)" In the event that you wish to appeal this staff determination, the appeal process in the Seward City Code is as follows: "Article 4. Appeals 15.10.410. Appeals-Generally. (a) Purpose. This article governs all appellate actions and determinations, including interpretation and enforcement, taken under the Seward Zoning Code. (b) Appeals-Standing. Any person or persons aggrieved by an action or determination taken under this chapter may appeal said action or determination. (c) Time limitation. An appeal of a decision of the administrative official or the Seward planning and zoning commission must be filed within ten days of the action or determination being appealed. An appeal of a decision of the board of adjustment must be filed within 30 days of the action or determination being appealed. Computation of the time period for filing an appeal shall commence with the date on which the action or determination is mailed or delivered to the parties involved. Any decision not appealed within these time limits shall become final. (d) Applications. The application for appeal shall be filed with the city clerk, except that appeals to the superior court shall be filed with the appropriate court officer with a copy to the city manager, shall be in writing, and shall contain, but is not limited to, the following information: (1) The name and address of the appellant; (2) A description of the action or determination from which the appeal is sought; and (3) The reason for the appeal which must show a grievance to the applicant. (e) Filing fie. An application appealing actions and determinations of the administrative official or the Seward planning and zoning commission shall be accompanied by a filing fee as set by resolution of the council. (f) Jurisdiction. Appeals of actions and determinations of the administrative official are heard by the Seward planning and zoning commission. Appeals of actions and determinations of the commission are heard by the board of adjustment. Appeals of actions of board of adjustment are heard by the superior court. (Ord. 626, S 3, 1989; Ord. 2005-02) Page 2 of 4 Zoning Violation, 1erry Waliezcr, Lot 8, Block 3, Oceanview Subd. /~ " . . 15.10.415. Appeal notice and hearing. (a) Upon receipt of a valid application appealing an action or determination of the administrative official or the Seward planning and zoning commission, the city clerk shall schedule an appeal hearing to be held within 30 days. All parties to the action or determination being appealed shall be provided with written notice not less than 15 days prior to the appeal hearing. Notice of the appeal hearing shall also be published in the manner provided for publishing notice of public hearings in section 15.01.040(a). (b) An appeal hearing conducted by the board of adjustment shall be on the basis of the record established before the commission and the record on appeal. The agency hearing an appeal may allow for oral presentations by the administration and the appellant. A time limit may be established for said presentations. (c) The hearing, and any reconvenings thereof, shall be open to the public; however, the hearing agency may vote to recess to a closed, executive session, in order to deliberate and prepare its findings of facts and conclusions of law; provided that final action shall be voted upon in open seSSIOn. (d) No new evidence shall be received or considered by the board of adjustment hearing an appeal. Appeals alleging new evidence or changed circumstances shall not be heard by the board of adjustment but shall be remanded forthwith by the city clerk to the commission, which shall determine whether to rehear the matter. (Ord. 626, ~ 3, 1989; Ord. 94-41) 15.10.420. Record of appeal. (a) The record of appeal shall be prepared by the city clerk and provided to the hearing agency not less than five days prior to the hearing, and shall consist of the following: (1) A verbatim transcript of the prior proceedings from which the appeal has been taken, if those proceedings were taped or otherwise recorded, or if the proceedings were not recorded, copies of any approved minutes, swnmaries or other records of the proceedings; (2) Copies of all memoranda. exhibits, correspondence, recommendations, analyses, maps, drawings, and other documents or exhibits submitted prior to the decision from which the appeal is taken; (3) A copy of all prior written actions, determinations and decisions, including findings and conclusions; (4) A list of the names and addresses of all persons appearing as witnesses at prior hearings; and (5) Any written statements filed pursuant to section 15.10.425. (b) The record of appeal shall be made available for public inspection in the clerk's office not less than five days prior to the hearing date. . (Ord. 626, ~ 3, 1989) 15.10.425. Appellant's written statement. (a) An appellant may file a written statement summarizing the facts and setting forth pertinent points and authorities in support of the points contained in the notice of appeal if such statement is filed not less than seven days prior to the date set for the appeal hearing. Page 3 of 4 Zoning Violatioo, Jerry Waliczcr, Lot 8, BIoc:k 3, Oeeanview Subd. /3 0' . . (b) The administration and any interested party wishing to file a mitten statement in rebuttal to the appeal may do so if such statement is filed not less than two days prior to the appeal hearing date. (Ord. 626, ~ 3, 1989) 15.10.430. Findings and conclusions. (a) Within 60 days following the filing of an appeal, the body hearing the appeal shall issue its decision in the form of mitten findings of fact and conclusions of law. (b) The findings of fact and conclusions of law shall reference specific evidence in the record and the controlling sections of this chapter. The board of adjustment may affirm, modify, vacate, set aside or reverse any decision brought before it for review, and may remand the case and direct the entry of such appropriate order, or require further proceedings to be had as may be just under the circumstances. (c) Upon express vote, the body hearing the appeal may adopt as its statement of fmdings and conclusions those findings and conclusions officially adopted by the body below from which the appeal was taken. (d) The findings of fact and conclusions of law shall be signed by the presiding officer and filed with the clerk, wbo shall promptly mail a copy to the appellant. (Ord. 626, ~ 3, 1989; Ord. 641, 1991)" If staff can be of any further assistance with this activity, please don't hesitate to call, 224-4065 or email mbrown@cityofseward.net. Sincerely, I$~,.xf/'~ .- Malcolm G. Brown Planner City of Seward, Alaska Sent by Certified Mail, February 9, 2006 Encl: Seward City Code, 15.10.225 Land Uses Allowed Table Cc: Clark Corbridge, City Manager City Clerk, Business License file Community Development File Page 4 of 4 Zoning Vio1ation, Jerry Waliezer. Lot 8, BlocIc 3, Oceanview Subd. /1 L ~\I!~\ '- W~lcv;. (j'\r I r r;'ltJ!:-~ I ....,~ ~JJl~ .... ::-0 :00 ill I- ~hi- ~!- q ~ t;;.--;;T l- ll&\. ~ 1 ( I ~~\ \ \ j - I l L-- - ....... W\l'J ~Uit=I\J :Hit=~'f ..... I - I I n ~'rp::::'r I- .... ....f..a::::.f C:.. t~__ -= - h __., :L::.fii==-I "OJ I"'" ..- I .... .. --.. :.\ ~'rit-- I _ - ~ T - - I I IS- ~~ \ - - I 1\ f\torth \ r-lrc ~er:y Location -, -, [I Legend II f, I -- .- -, 'I;\~\J Ej!JHE~\J ~THEET - ""'fPj--'r ~ ~ h== --- Subject Property Lot ~ Block 3 Oceanview Subdivision A portion of the current. Zoning Map 10 -- --1 Lot 8. Block 3 Oceanview Subdivision Land Use Map CITY OF SEWARD PO Box 167 Seward AK, 99664 Sheet 1 of 3 +z o I 1500 1,200 I 2,0400 Foot I ThB graphlca on thIa lTIIp nre produced from the belt aw.labkl SOLW'C8I. 'the CIty" ofs.w.d Ind ~ Map ~",.aumt no rupondltIly far InY DrisIIonI, inaCCIOda arGlherenvrslhl1 may uast. /8 19 ;w ~ rn .g '2. '" 13 It z p o ';"' !""' ::0 ~ Table 15.10.225. Land Uses Allowed KEY: 0- Use Permitted Outright H - Home Occupation C - Use Requires Conditional Use Permit P - Use Requires Administrative Permit Blank - Use Prohibited ..... c.n I C!I """ Zoning districts: Residenti!J,l Commercial Public Uses RR Rl R2 R3 UR OR AC HC CB I RM INS P Accessory Building 0 0 0 0 0 0 0 0 0 0 0 0 0 Adult entertainment INTENTIONALLY LEFT BLANK Agency, i.e., travel, insurance, title, real estate, etc. 0 0 0 Agriculture 0 Airport and related services 0 C Amusement or recreation facility 0 0 Animal shelter 0 Antenna, personal TV, satellite dish 0 0 0 0 0 0 0 0 0 0 0 0 Art gallery 0 0 0 Assemblages, temporary large, Le., circus, fair P P P P P P Attraction, permanent major visitor . C C C C Auditorium 0 0 0 Auto repair, i.e., mechanic, glass body, upholstery C 0 Auto service/gas station 0 0 0 Auto/RV sales and rentals 0 0 0 Boat sales 0 0 0 0 Boat, commercial building/fabrication 0 0 Boat, harbor/marina C C C C C '}..) p l'l ~ '" " ~ .... Zoning districts: Residential Commercial / Public Uses RR RI R2 R3 UR OR AC HC CB I RM INS P Boat, repair and maintenance 0 0 0 C Boat, storage commercial 0 0 0 0 Bulk material, i.e., concrete, gravel, sand, asphalt C C Business, marine retail sales and service 0 0 0 0 0 Business, package liquor 0 0 0 Business, retail sales and service 0 0 0 0 Business, retail sales and service, industrial 0 Campground, camper park, RV park CIP CIP CIP CIP CIP Campground, employee . CIP Carlboat wash 0 0 0 Cemetery 0 C 0 Center, community/civic C 0 C C Center, mariner's 0 0 0 0 Center, senior or teen C C C 0 0 C C Child care, licensed center C 0 0 0 C Child care, licensed home 0 0 0 C 0 0 0 0 0 Church C C C C C C 0 0 Clinic, medical 0 0 0 0 0 Clubs, fraternalllodgeslsociallveterans C 0 0 C Cluster subdivision C C C Communications, commercial satellite dishes, tow- 0 0 0 0 0 ers, poles, and antennas less than 3 meter (I5 feet) diameter or 75 feet in height . Communications, commercial satellite dishes, tow- 0 C C ers, poles, and antennas 3 meter (I5 feet) diameter or greater than 75 feet in height Correctional/prison facility C C C C Crematory C 0 )/. ;I ...... C>1 , Ol 01 ~ UJ l'j ~ S" .., Zoning districts: Residential Commercial Public Uses RR Rl R2 R3 VR OR AC HC CB I RM INS P Docks/wharves, industrial cargo . 0 0 C C Dock, passenger 0 0 0 0 0 Drinking establishment, Le., bar, nightclub, lounge C C C Drive-in facility-fast food, banking, ete. 0 C C Dwelling, apartment in a commercial building (lim- O 0 0 0 0 0 ited to one unit) Dwelling, apartment in a commercial building (two 0 0 C or more units) Dwelling, apartment, mother-in-law or accessory 0 0 0 0 0 0 0 Dwelling, attached single-family, i.e., townhouse, C C C C C row Dwelling, condominium C C C C C C Dwelling, detached single-family 0 0 0 0 0 0 0 0 Dwelling, group home 0 0 0 0 0 0 0 Dwelling, guest house 0 0 0 Dwelling, multi-family (3 or more units) C C C C C C Dwelling, two-family or duplex 0 0 0 0 0 0 Dwelling, watchman or caretaker 0 Emergency services, publvol; i.e., fire. ambulance, C C C C C 0 C 0 0 0 rescue Financial institution, i.e., bank, S&L C 0 0 Flea market, open air retail other than occasional C C Fuels, bulk storage and sales C Golf Course 0 0 C Golf driving range 0 0 0 0 C Greenhouse/nursery commercial 0 0 0 .... en bl C> P -t:... rn i m !! ~ = 9' ... ZoniTUt Districts Princi rJally Residential Prineiz ally Com17ll!rcial Prineioally Public RR Rl R2 R3 UR OR AC HC CB I RM INS P Grocerv. convenience store C C 0 0 0 Grocery; sunermarket, foodmart 0 0 Health club 0 0 0 Home occunation 0 0 0 0 0 0 0 0 Hosllital C C House rental on a ni...htly basis p p p p P Housing, bunkhouse C C C Housing, dormitorY 0 0 Housing, nursing, retirement, C C C convalescent . Kennel, commercial, musher or INTENTIONALLY LEFT BLANK fancier Laundry, dry cleani= 0 C 0 0 Librarv 0 0 0 0 Livestock p p Lodging, B&B, rooms, dupieI and HIP HIP HIP HIP HIP OIP OIP OIP accessory anartment LodlZiwl, hostel p p p p ,hotel motel, lad...., inn C 0 C C Lodging, multi-family dwelling p P P P P P a t Lumber yardlbuildiwr sunnlv C 0 C Manufacturin...-noxious, heavy C Manufacturing, light fabrication, C 0 assembly Merchant, transient 0 0 0 0 Mobile homeJi8rl[ CIP Mobile home, residential, not in INTENTIONALLY LEFT BLANK nark Mobile home sales 0 0 Mobile medical unit 0 Mortuar:Ylfuneral home 0 0 0 Museum 0 0 0 0 0 Office. boat charter ll"Uide 0 0 0 0 0 0 Office, business or urofessionsl 0 0 0 0 0 Office, government/quasi-govern- 0 0 0 0 0 0 0 moot administration Office, mobileltemporary on con- P P P P P P P P P P P P P struction site Office, home, professional 0 .... 01 ~ ""'l i I:;) ~ ~ C U:J tz;j r;g ~ ~ o ~ <p '-" 00 i 1:1 ~ ~ 8 , .... Zoning Districts Princi ally Residential Principally Commercial Principally Public RR Rl R2 R3 UR OR AC HC CB I RM INS P Parkim!: lot 0 0 0 0 0 0 0 0 0 0 Personal services, i.e., beauty, 0 0 0 shoe, tailor Planned unit develoDment C C C C Plawround, DubUc tot lot 0 0 0 0 0 0 0 0 0 0 0 Railroad C C C C Recreation, commercial indoor, 0 0 0 C i.e., bowling, skatine: Recreation, outdoor, i.e., miniaw 0 e c e ture l!Olf Recreation, sh e e e c Recyclirur center C e 0 Recycling, self-service drop-off 0 0 0 0 0 0 0 0 noint Repair service, i.8., large appli- e e 0 ance Resource extraction, commercial e e e subsurface, i.e., minim!: Resource extraction, commercial e e e surface. i.e., l!1'8vel Resource extraction, commercial e e e e e e e e e e e timber harvestine: Restaurant, food service, cater- 0 0 0 0 0 lirur Roomimr or boardine: house OIP e OIP OIP Salvage-auto, wrecking, scrap, e liunkv;ro Sawmill or lumbermill e School, coll8ll8 e e 0 School, publio'private elementaIyl e e c e e e e e secondarv School. vocational C 0 0 0 0 Seafood processing, i.e., canning, e C e ren~ Shop, i.e., welding, sheetmetaI, e e 0 machine, steeI fab. Shop, i.e., wood, signs, cabinet, e C 0 e 0 uDholsterv Shopping center (mall) e C 1-1 C11 .;, OJ i o ~ ~ c: ell t%j ~ ~ ~ Z ell J !! ~ o 'i" .... ..... en , CJ) CO ~ ~ Zoning Districts Prind ally Residential Prinei allv Commercial PrinciDallv Public RR RI R2 R3 UR OR AC He CB I RM INS P Solid waste disposal, i.e., baler, C C C transfer landfill Storlll'[e container 0 0 0 0 0 0 0 0 0 0 0 C Storlll'[e, explosives p Storage, outdoor, yard, materiaV C 0 0 C eauiument Storlll'[e, self service 0 0 0 Storage, warehouse and distribu- 0 0 C 0 C tion Studio, radioltelevision C 0 0 0 0 C Tanks, aboveground associated C C C 0 with service station Taxidermy 0 0 0 0 Terminal, i.e. bus. truck, freiJ(ht 0 C 0 C Terminal, marinelboat passen- 0 C 0 0 C 1JWl' Theater, concert, movie 0 0 0 'lbollequipment rental 0 0 Trailer, temporary office C Utility facility, public electric, wa- C C C C C C 0 0 0 0 0 0 ter, sewer etc. Vehicle impound lot 0 0 Vending machine renair. stonure C C C Veterinary hospital C C C (Ord. 94-25: Ord. 95-13; Ord. 95-17; Ord. 96-05; Ord. 96-10; Ord. 96-16; Ord, 97-13; Ord. 98-06; Ord. 98-09; Ord. 99-01: Ord. 99-13, ~ 2, 1999; Ord. No. 99-10: Ord. 2000-12; Ord. 2001-03; Ord. 2003-08) i o ~ ~ o &1 ~ ~ >-3 .... o z Ul e PLANNING AND LAND USE REGULATIONS 15.10.140 primary building on the property; and the unit is located outside any setbacks. Railroad box cars are excluded except in the Industrial Zone. There are no grandfathered uses. (See accessory uselbuilding, building, and structure.) J{ Storage, outdoor. The commercial keeping, in an unroofed area and usually enclosed by a ~ , fence, of any goods, junk, material, merchandise or vehicles in the same place for an extended ~ period of time. In the harbor commercial area, the use is limited to the storage of boats only. Storage, self service. A building or group of buildings consisting of individual, small, self-contained units that are leased or owned for storage of business and household goods or contractors' supplies. Includes mini warehouses. Storage, wareJwuse and distribution. A building used primarily for the storage and distribution of goods, products, materials, supplies and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. - Street. A dedicated public way which affords the principal means of access to abutting property, such as an avenue, place, drive, boulevard, highway or other similar public thoroughfare, except an alley as defined herein. Structure. Anything constructed or erected on the ground or attached to something having location on the ground, including, but not limited to, buildings, towers, and sheds. Fences, retraining walls less than three feet in height signs and similar improvements of a minor character are excluded. Surface, durable. Means brick, flag-type stone, gravel, cement, or asphalt. Thmporary structure. A structure without any foundation or footings and that is removed when the designated time period, activity or use for which the temporary structure was erected has ceased. Trailer. A structure standing on wheels, towed or hauled by another vehicle and used for carrying materials, goods or objects or as a temporary office or business. 7ransient merchant. Any person, partnership, firm. or corporation, whether a resident of the . city or not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or non-profit within the city by operating on a door-to-door, street comer or similar basis; or from no fixed location or office; or from a location out-of-doors or in quarters that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. -- Utility, public {acility. An installation owned by an agency under public franchise or ownership, or under certificate of convenience and necessity, providing the public with electricity, gas, heat, steam, communication, water, sewage collection or other similar service. Supplement No. 05-1 15-23 '1, d'-~ . ) i_ . !' It ~..4~1' S...~;, ~.L;; ""1Q U~~ ~~$) :4ats\4~ i ~. Office of the City Clerk City of Seward 410 Adams Street P.O. Box 167 Seward, Alaska 99664 RECEIVED FEB '1 5 2006 OFFICE OF THE CITY CLERK , f\N AtMINlS-ne.ATlV I:.. OffiCI A L APPLICA!ION TO APPEAL A PI. A N.NINC AM~ ZONiNG. @ €OMMISSION DECISION (SCC ~ 15.10.410 & SCC ~15.10.415) APPLICANT NAME: ::Te (' '(' J Wet 1/ -e z e c APPLICANT ADDRESS:Jd Y '7 ~ ~ ~ wa.1f J. DESCRIPTION OF THE ACTION OR DETERMINATlON FROM WHICH THE APPEAL I SOUGHT: \J; I , Y'l ~ VI 1-c>../lOLtled ZONING CODE APPEAL FILING FEE IS $300.00 (Resolution 97-003) Pursuant to Seward City Code (SCe) ~15.10.410 (C) an appeal of a decision of the administrative official or the Seward planning and zoning commission must be fIled within ten days of the action or determination being appealed. An appeal of a decision of the board of adjustment must be fIled within thirty days of the action or determination being appealed. Computation of the time period for filing an appelll shall commence with the date on which the action or determination is mailed or delivered to the parties involved. Any decision not appealed within these time limits shall become final. SCC 15.10.410 (E) An application appealing actions and determinations of the administrative official or the Seward planning and zoning commission shall be accompanied by a filing fee as set by resolution oCthe council. FOR OFFICE USE ONLY RECEIVED BY CITY CLERK OFFICE X DATE: cP-!16/D(; REVIEWED BY CITY PLANNER 0 DATE: REVIEWED BY CITY MANAGER 0 DATE: CD ~ cp- ?J. ? -'/i ~<,C*dr$ :2~ RECEIVED . MAR 0 6 2006 OFFICE OF THE CITY CLERK . March 6, 2006 Planning and Zoning Commissioner's I am appealing the decision by City Administration, Based on SCC Table 15.10.225 Land uses allowed. The decision was incorrect and inconsistent with Past and present interpretation as applied to others. The due process and basic fairness of this action undermines elements of the city code. Jerry Waliezer Seward Heavy Industrial Power P.O. Box 789 Seward AK. 99664 :J-q February 15,2005 City Council: The following may surprise you if you have not dealt directly with our community development department. I had heard that Seward's building permit process was difficult but thought it must be isolated cases which were complex. I now believe if something as simple as repairing a fence and upgrading a gate can be made so difficult I can only imagine what people have gone through. If Seward is ever going to see economic development this has got to change. Sept 26 Accident V-Haul hits fence from City alley side. Sept 30 Visit from insurance company - get estimate. Oct 4 McKinley Fence rep looks at fence - estimate $2,190. Oct 10 Forward estimate to insurance co. Oct 12 Settle claim with insurance co. Oct 13 McKinley Fence ready to repair fence. Discuss also upgrading gate. Agree with Rich Lindstrom, owner of McKinley fence, upgrading gate $2,500. Not including permits, I would be responsible, delays would cost additional due to separate mobilize after A VTEC job. Oct 14 Apply for permit, hand carry to all depts. Oct 20 Turn in permit all signed to building dept. 53 days later.... Dec 12 Letter stating zoning violations. Parking is not allowed over 72 hours Dec 15 Met with Malcolm: I explained my business and the use of the lot. How it is used in conjunction with zoning code. Business, marine retail sales & service, which is allowed outright. I also questioned what code would not allow you to park a licensed vehicle for over 72 hrs on private property in any zone. I pointed out we have boats, trailers, motor homes etc. parked all over town that do not move every 72 hrs. His response was I could file a complaint if! would like to do so. In closing I asked he reconsider his interpretation of the zoning violation and get back to me. 58 days more Feb 11 Received certified letter stating zoning violations. "Boat storage, commercial and Storage, outdoor, yard, material/equipment." In the letter I am given thirty calender days, as per SCC 15.01.050 Enforcement and penalties: If violation is not corrected within the aforementioned reasonable time the city manager shall notifY the city attorney, who may initiate action to abate violation, including the filing of criminal charges as necessary. Feb 15 Filed appeal with city clerk Jerry Waliezer :50 3/212006 Paro Hump rey PO Box SS Seward AK 99 64 MAR 7 2006 CITY OF SEWARD PLANNING OFFICE To Planning and Zoning: At the last City Council meeting it was said that building permits were down by 50%, yet they want to create a temporary full time position to help with back log.. ..what is wrong with this picture? We have a new City Manager that has been in Seward for less than 2 years, a Community Development Director that lives in Homer.. ...again I say - what is wrong with this picture? The lot behind Bay City Motors was dump before it was purchased by Seward Heavy Industrial Power. It is now clean and looks very nice. The boats that are there are nice and neat and do not in any way distract from the neighborhood. There are many areas in Seward that need the attention of the City Administration far more than this small lot. Ifthe City Manager had been here for more than 2 years than maybe he would see just how much that lot has improved. Sincerely, Pam Humphrey 3/ Message Page 1 01'1 Donna Glenz From: Scott Janke Dankew@bellsouth.net] . Sent: Wednesday, March 08, 2006 9:10 AM To: Donna Glenz .subject: building pennit for Seward Heavy Industrial 319/06 - Verified by phone the email was ~ ~,); Jerry King :1.:Y2(?t-'j March 8, 2006 re: building permit for Jerry Waliezer, Seward Heavy Industrial Dear Commissioners, I am writing this letter in support of Seward Heavy Industrial's desire to be issued a building pennit and continuing his marine repair services. I've done business with SHI for many years and they are operating a first class marine sales and service operation that is an indispensable asset to our harbor. The operation of a marine sales and services operation is an outright allowed use in the Central Business District. Any reasonable person would assume that to work on boats you also would have the implied right to park these vessels on your private property both before, during and after the process of repairing them. Therefore the parking of boats is a use that is allowed outright in the central business district. If SHI went into the boat storage business, I many view things differently. However, my boat has been parked at SHI many times for service and I have never been charged for storage. If a merchant is not charging for boat storage he is clearly and indisputably not in the boat storage business. As a nearby business owner I very much appreciate the way that Mr. Waliezer has cleaned up a terrible mess that was full of zoning violations and upgraded and fenced the property. Why would the City want to require a business to continue to operate with a broken fence? Who would gain? I applaud SHI for applying for a pennit when most people would simply have fixed their fence without a pennit. I urge you to approve the application and let everyone get back to more productive endeavors. ~espectfully submitted, . krry F. King, owner/operator Harborview Inn P.O. Box 1305 Seward, AK 99664 907-491-1740 cell 3d.- ~/llnon", Sharyl Seese POBox 337 Sevvard,AJ(.99664 March 9, 2006 City of Sevvard Planning & Zoning POBox 167 Sevvard,AJ(.99664 I vvould like to comment on the property located on the comer of 4th Ave and D Street. Just a couple of years ago this lot had junk cars, travel trailers, pickup campers (some occupied year round), Uhaul trailers and boats. When it vvas purchased by Cindy Waliezer, DBA Port Investments, the property vvas cleaned up. I drive 4th Ave from VanBuren Street to post office dam near every day and I vvould like to say that it looks so much better than before. All the boats parked in this lot until they can be vvorked on by Sevvard Heavy Industrial Povver should not be a problem. One of Sevvard's main trades is boating of some sort and they need to have repair vvork done. Instead of having them parked in the ovvners yard or in front of their homes on the side of the road, most everyone I have talked to vvould rather have them in a fenced lot. Sincerely, ~~ Sharyl Seese 33 ADMINISTRATIV~eEAL TO THE PLANNING & ZOJ.G COMMISSION February 24,2006 Jerry Waliezer P.O. Box 789 Seward, Alaska 99664 NOTICE OF APPEAL HEARING Dear Mr. Waliezer; Your appeal application of a zoning violation decision by the City Administration was received in the City Clerk's Office on February 15, 2006. Your application is timely, and appears to meet the purpose and jurisdiction requirements of Title 15 of the Seward City Code. You are appealing a decision by the Administration that there is a zoning violation occurring at the below property. DESCRIPTION OF PROPERTY The legal description is; Lot 8, Block 3, Oceanview Subdivision or 1001 Fourth Avenue, Seward, Alaska. Your Appeal Hearing is scheduled for: DATE: TIME: PLACE: Tuesday, March 14,2006 7:30 p.Ol. City Council Chambers, City Hall, 410 Adams Street, Seward, Alaska Before the Seward Planning and Zoning Commission WHOM: This hearing will commence at the above date, time and place. Attached is a copy of Title 15 of the Seward City Code. Please note 15.10.425, which addresses when your written statement, as appellant, is due. For more information you can contact the City Clerk's office by calling 224-4046 or by emailingc1erk@citvofseward.net. Sincerely, ,:7 I ,--, .,r /'/y::: .' .~ ;r,'7--~'}v (f!ar:i.l&Wis City Clerk Cc: City Planner City Attorney City Manager 34 . " ADMINISTRATIVE APPEAL TO THE PLANNING & ZONING COMMISSION FeBruary 24, 29{)(j (Re-noticed March 6,2006) Jerry Waliezer P.O. Box 789 Seward, Alaska 99664 NOTICE OF APPEAL HEARING Dear Mr. Waliezer; Your appeal application of a zoning violation decision by the City Administration was received in the City Clerk's Office on February 15, 2006. Your application is timely, and appears to meet the purpose and jurisdiction requirements of Title 15 of the Seward City Code. You are appealing a decision by the Administration that there is a zoning violation occurring at the below property. DESCRIPTION OF PROPERTY The legal description is; Lot 8, Block 3, Oceanview Subdivision or 1001 Fourth Avenue, Seward, Alaska. Your Appeal Hearing is re-scheduled for: DATE: TIME: PLACE: Thursday, March 16,2006 6:30 p.m. City Council Chambers, City Hall, 410 Adams Street, Seward, Alaska Before the Seward Planning and Zoning Commission WHOM: This hearing will commence at the above date, time and place. Attached is a copy of Title 15 of the Seward City Code. Please note 15.10.425, which addresses when your written statement, as appellant, is due. (Now due Thursday, March 9) For more information you can contact the City Clerk's office by calling 224-4046 or by emailingc1erk@citvofseward.net. Cc: City Planner City Attorney City Manager 35 March 6, 2006 I, Jerry Waliezer, do not object to the Planning and Zoning Appeal hearing being delayed to provide the sufficient notice that is needed. I waive any rights to object to this delay based on untimeliness or of any adverse outcome. ATTESTED BY: /'\ .'"'il/J , --/~--\ --."". .~. --~ J ~iLewisl-- . . . . ! i " /."' V '-~. 3lo 'III e SEWARD PLANNING & ZONING COMMISSION PUBLIC NOTICE OF APPEAL HEARING March 14, 2006 NOTICE IS HEREBY GIVEN that the Seward Planning and Zoning Commission will conduct an appeal hearing on the following item of business at a meeting on March 14, 2006. Administrative Appeal of an interpretation, determination or enforcement taken under the Seward Zoning Code by the city administration at 1001 Fourth Avenue, Lot 8, Block 3, Oceanview Subdivision in the Central Business District. The appeal hearing will commence at 7:30 p.m., or as soon thereafter as business permits, in the City Council Chambers, City Hall, 410 Adams Street, Seward. All interested persons are invited to attend the meeting and submit written comments no later than 12:00 noon, Friday, March 10,2006 to the Seward Planning and Zoning Commission, c/o City Planner, PO Box 167, Seward, AK 99664, or e-mailed to mbrown@cityofseward.net. Please note: this appeal hearing is open to the public for viewing, but is not a public hearing for citizen comments. Sincerely,' ""'./ ~ '>"'-- /, . ";' \ -=-- 4!.' (-'Y>..1,A/~ i/.\ ~< ..." ;Wan Le~is, City Clerk City of Seward, Alaska 37 CITY OF SEWARD p.o. BOX 167 SEWARD. ALASKA 99664-0167 Yj!":';:i:< . Main Office (907) 224-4050 . Police (907) 224-3338 . Harbor (907) 224-3138 . Fire (907) 224.344$ . City Clerk (907) 224.4046 . Engineering (907) 224-4049 . Utilities (907) 224-4050 . Fax (907)224-4038 PLEASE BELOW DATE AND TIM! CHANGE SEWARD PLANNING & ZONING COMMISSION PUBLIC NOTICE OF APPEAL HEARING March 16, 2006 NOTICE IS HEREBY GIVEN that the Seward Planning and Zoning Commission will conduct an appeal hearing on the following item of business at a meeting on March 16, 2006. Administrative Appeal of an interpretation, determination or enforcement taken under the Seward Zoning Code by the city administration at 1001 Fourth Avenue, Lot 8, Block 3, Oceanview Subdivision in the Central Business District. The appeal hearing will commence at 6:30 p.m., or as soon thereafter as business permits, in the City Council Chambers, City Hall, 410 Adams Street, Seward. All interested persons are invited to attend the meeting and submit written comments no later than 12:00 noon, Friday, March 10, 2006 to the Seward Planning and Zoning Commission, c/o City Planner, PO Box 167, Seward, AK 99664, or e-mailed to mbrown@cityofseward.net. Please note: this appeal hearing is open to the public for viewing, but is not a public hearing for citizen comments. Sincerely, Jean Lewis, City Clerk City of Seward, Alaska 39 AFFIDAVIT OF MAILING CITY OF SEWARD, ALASKA PUBLIC HEARING NOTICE Donna Glenz, upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on March 6. 2006 she mailed a Notice of Public Hearing to the real property owners within a 300 foot periphery of Lot 8. Block 3 Oceanview Subdivision. 1001 Fourth Avenue as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this 6th day of March 2006. Donna Glenz Planning Assistant G:\COMMUNlTY DEVELOPMENT FOLDER\FORMATS - OONNA\PUBLlC HEARINGS\MAILING AFFIDAVIT .DOC 3'1 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I. :r C':c ~ W "I.' ( < e ( . hereby certify that I have posted a Notice of bhc Hearing, as prescribed by Seward City Code 9 15.01.040/16.01.015 on the property that has been petitioned for an Appeal Hearing for a Zoning Violation Determination. The notice was posted on March 6. 2006 which is 10 Days prior to the public hearing on this petition. I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. Affmned and signed this ~ day ,?f YVI c;( of , 2005 Legal Description Lot 8, Block 3, Oceanview Subd. G:\COMMUNITY DEVELOPMENT FOLDER\FORMA TS - DONNA\PUBLIC HEARINGS\AFFlDA VIT OF POSTING.DOC 4D c1/ C} / Cl 0 t0~-~~~-1~ I~dfto 0- N ..D CJ I'- N ..D ..D U.S. Postal Service".1 CERTAFIED MAILTl.1 RECEIPT. (Domestic Mail Only; No Insurance Coverage ,ded) Poatoge $ U1 CJ g Rotum Reciopt Fee (EndorHlllent Recjuil8dl CJ Restricted Delivery FH ~ (E_ Required) ..D ...=I ToteJP~&_ Ce_Fee Poetmark Here W" ~ () () v.--O~ "1_ l" d' SENDER: COMP~ETE THIS SECTION . . . . . . Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivety is desired. . Print your name and address on the reverse 80 that we can return the card to you, . Attach this card to the back of themallpiece, or on the front if space permits. 1. ArlIcIe Addressed to: "- Signature L.o+ 8, 81.t.k.3 o~ 1.1';:"" Jerry Waliezer PO Box 789 Seward, AI( 99664 3. Ser)Ilee Type 2f CertIfted Mall 0 Express M,," o Reglstered 0 ReIum ReceIpt for Merchalldlse o InllUI1Id M,," 0 C.O.D. 4. Restricted Delivery? /&tnI Fee) 0 Yes . 2. Artlde Number (rnmsfer from ~ label) , p$ Form 3811, February 2004 7003 1680 ODDS 6627 0629 Don-uc A8I\Iffi RiIceipf 1 tI2585-02-M-1540 4/