HomeMy WebLinkAbout04212009 Planning & Zoning PacketSeward Planning Commission
Agenda Packet
April21, 2009
Special Meeting
City Council Chambers Beginning at 7.30 pm
Seward Planning & Zoning Commission
Sandie Roach'
Chair
Term Expires 02110
Sue McClure
Vice Chair
Term Expires 02110
Vacant
Commissioner
Term Expires 02112
Tena Morgan
Commissioner
Term Expires 02110
Steven Heinrich
Commissioner
Term Expires 02111
Christina Stauffer
Commissioner
Term Expires 02112
Cindy Ecklund
Commissioner
Term Expires 02111
Phillip Oates
City Manager
Christy Terry
Community Development
Director
Anne Bailey
Executive Liaison
M
1. Call to Order
2. Opening Ceremony
A. Pledge of Allegiance
3. Roll Call
4. Special Reports & Presentations
A. City Administration Report
B. Other Reports, Announcements & Presentations
5. Citizens' Comments on any subject except those items
scheduled for public hearing. [Those who have signed in
will be given the first opportunity to speak. Time is limited
to 2 minutes per speaker and 30 minutes total time for this
agenda item]
6. Approval of Agenda and Consent Agenda. [Approval of
Consent Agenda passes all routine items indicated by
asterisk (*). Consent Agenda items are not considered
separately unless a Commissioner so requests. In the event
of such a request, the item is returned to the Regular
Agenda.]
Planning and Zoning Commission Special Meeting Agenda
April21, 2009 Page 1
7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given
the first opportunity to speak]
A. Unfinished Business Items requiring a Public Hearing — None
B. New Business Items requiring a Public Hearing-
1. Resolution 2009-09 Granting a Sign Ordinance Variance to Vanta Shafer,
DBA Cover to Cover Bookstore, for a Non -Illuminated Projecting Sign
Without a Marquee, Approximately 7.5 Square Feet (30 inches by 35
inches), at Lot 12A, Block 10, Original Townsite of Seward, 215 Fourth
Avenue, Central Business Zoning District(CDB)............................. Page 3
8. Unfinished Business —None
9. New Business —
* A. April 7, 2009 Special Meeting Minutes....................................................... Page 22
10. Informational Items and Reports (No action required) -None
11. Commission Comments
12. Citizens' Comments [Limit to 5 minutes per individual —Each individual has one opportunity to speak]
13. Commissions and Administration Response to Citizens' Comments
14. Adjournment
Planning and Zoning Commission
April21, 2009
2
Special Meeting Agenda
Page 2
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009-09
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A
SIGN ORDINANCE VARIANCE TO VANTA SHAFER, DBA COVER TO
COVER BOOKSTORE, TO ALLOW A NON -ILLUMINATED
PROJECTING SIGN WITHOUT A MARQUEE, APPROXIMATELY 7.5
SQUARE FEET (30 INCHES BY 35 INCHES), AT LOT 12A, BLOCK 10,
ORIGINAL TOWNSITE OF SEWARD, 215 FOURTH AVENUE,
CENTRAL BUSINESS ZONING DISTRICT (CBD).
WHEREAS, Vanta Shafer, dba as Cover to Cover Bookstore has applied for a sign
ordinance variance to place a non -illuminated projecting sign without a marquee, approximately
7.5 square feet (30 inches by 35 inches), at Lot 12A, Block 10, Original Townsite of Seward, 215
Fourth Avenue, within the Central Business Zoning District (CBD); and
WHEREAS, in the Central Business District the Seward City Code 15.20.040.C.4. states
projecting signs, which project over a public right of way, must be located over a marquee; and
WHEREAS, the structure the applicant has leased for her business does not have a
marquee over the public right of way; and
WHEREAS, the additional business within the same building currently has a non-
conforming projecting sign which has been in place for many years; and
WHEREAS, Seward City Code 15.20.055 allows the Planning and Zoning Commission
to grant variances in harmony with the general purpose and intent of the Code so long as the
spirit and benefits of the Code will be preserved; and
WHEREAS, the Commission may vary the rules and regulations or provisions of the
Code provided that the Commission, upon due and diligent investigation, makes specific findings
that all of the conditions listed in Seward City Code 15.20.055 (3) have been considered; and
WHEREAS, in accordance with the Seward City Code, the Commission held a public
hearing on the request of granting a sign variance at the April 21, 2009 special meeting.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. In accordance with SCC§15.20.055 (a), the Planning and Zoning Commission is
authorized to grant special variances from the provisions of the chapter in accordance with the
following restrictions. The Commission has reviewed the applicant's request for a Sign Code
Variance to allow a non -illuminated projecting sign without a marquee, approximately 7.5 square
feet (30 inches by 35 inches), at Lot 12A, Block 10, Original Townsite of Seward, 215 Fourth
3
Seward Planning and Zoning Commission
Resolution 2009-09
Page 2 of 3
Avenue, within the Central Business Zoning District (cbd), and made the following Findings of
Fact:
1. To encourage the use of signs which are harmonious with Seward's scenic beauty and
historic character, the commission may issue a variance for specifu signs up to 1.5
times larger than provided in this chapter.
Not Applicable
2. A variance may be granted in harmony with the general purpose and intent of the sign
code by varying the application of rules, regulations or provisions so long as the spirit
and benefit of the Code will be preserved
There are currently numerous projecting signs within the Central Business District; these
are allowed by code because they are located above a marquee as code requires, or a
historical rendition on a historical building, or are non -conforming signs in place before
the code was adopted.
3. The commission may vary the rules and regulations or provisions of this code provided
the Commission, upon due and diligent investigation, makes specific findings that all
of the following conditions have been considered.
(a) The variance will not constitute a grant of a special privilege inconsistent with the
limitation upon signage and uses of other properties in the vicinity and zone in which
the property, on behalf of which the application as filed, is located;
There are currently several existing projecting signs without the required marquee in the
Central Business District. One is allowed as a historical replica based on the historical
photos of the original building. One is not located within the public right-of-way and
therefore does not require a marquee. Two others are allowed as nonconforming signs,
meaning they were in place before the sign code was enacted. One of which is the
projecting sign that is located to the south on the building proposed for this sign variance.
(b) That such variance is necessary because of special circumstances such as, but not
limited to, health and safety or the size, shape, topography, location or surroundings of
the subject property, to provide it with signage use rights and privileges permitted to
other properties in the vicinity and in the zone in which the subject property is located;
Lot 12A, Block 10 is approximately 7,508 square feet; the front of the building is
constructed on the front property line with no setback. The property owner has full use
of the property. With the other projecting signs and the nature of Fourth Avenue, a non -
projecting sign provides limited public visibility.
(c) That the granting of such variance will not be materially detrimental to the public
welfare or injurious to the subject property or improvements in the vicinity and in the
zone in which the subject property is situated,
4
Seward Planning and Zoning Commission
Resolution 2009-09
Page 3 of 3
Granting this sign variance will not be materially detrimental to the public welfare, or
other property in the vicinity or the Central Business Zoning District.
Section 2. The Planning and Zoning Commission hereby approves the sign ordinance
variance requested by Vanta Shafer dba Cover to Cover Bookstore, to allow a non -illuminated
projecting sign without a marquee, approximately 7.5 square feet (30 inches by 35 inches), at Lot
12A, Block 10, Original Townsite of Seward, 215 Fourth Avenue, within the Central Business
Zoning District (CBD) by subject to the following conditions:
1. The 7.5 square foot projecting sign authorized by this sign
ordinance variance shall be allowed as the second projecting sign
on the property. (exiting projecting sign is non -conforming)
2. The existing non -conforming projecting sign and the proposed 7.5
square foot projecting sign shall be the only signage allowed.
3. A minimum clear distance of eight feet between the sidewalk and
the bottom of the projecting sign shall be maintained.
4. This sign variance shall run with the Cover to Cover Bookstore
and shall be removed when the specific business is no longer in
operation.
Section 3. This resolution shall take effect ten (10) days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 21 st day of
April 2009.
THE CITY OF SEWARD, ALASKA
Sandie Roach', Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk (City Seal)
5
P&Z Agenda Statement
Meeting Date: April 21, 2009 P_
Through: Christy Terry, Community Developmen irector
From: Donna Glenz, Associate Planner
Agenda Item: Sign Ordinance Variance to Vanta Shafer, dba
Cover to Cover Bookstore, to allow a non -illuminated projecting sign
without a marquee, approximately 7.5 square feet (30 inches by 35
inches), at Lot 12A, Block 10, Original Townsite of Seward, 215 Fourth
Avenue, within the Central Business Zoning District (CBD).
BACKGROUND & JUSTIFICATION:
The applicant, Vanta Shafer dba Cover to Cover Bookstore, has requested a variance from the
Seward Sign Code to allow placement of an approximately 7.5 square foot projecting sign over
the public right-of-way without a marquee within the Central Business District. The applicant
has leased business space within the structure located at 215 Fourth Avenue. This structure also
houses the business known as the Seward AleHouse.
The Seward City Code 15.20.040 Sign standards by zoning district which require permits.
(C). Central Business District (4.) Projecting signs, which project over a public right-of-way,
must be located over a marquee..... The structure in which the applicant's business is located
does not have a marquee over the public right-of-way; therefore the requested projecting sign is
not allowed by City Code. Since the original sign permit was denied the applicant has applied
for a Sign Code Variance.
Currently there are four (4) projecting signs without marquees within the Central Business
District. One is located on a historic building in replica of the historic sign which had been
located on the original building. One is not located over the public right-of-way and therefore
does not require a marquee. And the other two are non -conforming signs which were in place
before the code was adopted.
Seward City Code § 15.20.055 authorizes the Planning and Zoning Commission to grant special
variances from the provisions of the Sign Code in accordance with specific restrictions which
have been addressed within Resolution 2009-09.
SCC 15.20 Signs, Definitions:
Sign. Any device fixed to, painted on, or incorporated into the building surface; displayed from
or within a building or structure; or free-standing upon the site, and which is (a) visible from a
public right-of-way and (b) designed to convey or direct a message to the public concerning the
2
Page 2 of 2
identification of the premises or to advertise or promote the interests of any private or public
firm, person or organization.
Projecting sign (fin or right angle sign). A sign affixed to any building or structure, the edges
of which extend perpendicularly beyond such building wall.
Marquee (canopy or awning). A permanent roof -like structure projecting beyond a building
wall at an entrance to a building, or extending along and projecting beyond the building's wall,
and generally designed to provide protection against the weather.
CONSISTENCY CHECKLIST:
Yes No
Seward 2020 Comprehensive Plan (approved by Council, 2005) X
While the Comprehensive Plan supports enforcement of the Seward City Code it also
recommends review and update of the Sign Code. The plan also supports Seward
entrepreneurial businesses.
Yes No
Strategic Plan (1999) X
The Strategic Plan encourages growth of year-round businesses. (page 3)
Adjust local development regulations, where appropriate, to encourage development that is
consistent with our economic base vision. (page 5)
RECOMMENDATION:
Commission approve Resolution 2009-09, which would grant a sign ordinance variance to Vanta
Shafer, dba Cover to Cover Bookstore, to allow a non -illuminated projecting sign without a
marquee, approximately 7.5 square feet (30 inches by 35 inches), at Lot 12A, Block 10, Original
Townsite of Seward, 215 Fourth Avenue, within the Central Business District (CBD) contingent
upon the following conditions:
1 • The 7.5 square foot projecting sign authorized by this sign
ordinance variance shall be allowed as the second projecting sign
on the property. (exiting projecting sign is non -conforming)
2. The existing non -conforming projecting sign and the proposed 7.5
square foot projecting sign shall be the only signage allowed.
3. A minimum clear distance of eight feet between the sidewalk and
the bottom of the projecting sign shall be maintained.
4. This sign variance shall run with the Cover to Cover Bookstore
and shall be removed when the specific business is no longer in
operation.
7
h
CITY OF SEWARD
COMMUNITY DEVELOPMENT OFFICE
P.O. Box 167 • Seward, Alaska 99664
(907) 224-4048
51 y rl
APPLICATION FOR Z491 AI6 VARIANCE
This completed application is to be submitted to the Community Development Department no later than
three (3) weeks in advance of the next regularly scheduled Planning & Zoning Commission meeting held
the first Tuesday of each month. The application must be accompanied by the applicable fees
established by city resolution; and if property is already developed, an as -built survey prepared by a
surveyor registered in the State of Alaska; or scaled site plan of undeveloped land which shows: a)
property dimensions; b) location and dimensions of existing and planned buildings; c) parking
configuration; d) driveways/access; e) natural features; f) variance requested; and g) other pertinent
information. 1� J J /
Applicant: Y a hr � i,, G /T� XJt1 �C �G ll �iZ �6 �U e/2 , y�
ak n - L JZ
Address: J S `i — C(U � �C10X ��.� Telephone No.: ,?;V y-
Property Owner (if otherthan applicant): f i — fn PS 5
Address: ;;� / y �'- ft ii 1° Telephone No.: �7a i - c7 3s7
Property Address: (5' L/!l` aL)�e Lot Size:
Lot Block Subdivision Tax Parcel No.
(acres/SF)
A. Variance Request for: / 2 OT-6-kiAG i q h k) I ii o e-L,4, mo �qu am
B. The existing situation is: 1 n JZ 1 S Wl x 1k [�r7 �i r �G o �) ry �� `✓�(g i b -�
C. Granting this variance would permit:
A
.s
D. What structures are located on the property? a n rl n P
E. What is the existing use of the property? Kcc- cst rL`�- conam Pie_Ia- too IL
F. What is the proposed use of the property? h o-r, k.s f a2,e
G. What is your development time schedule? Ct 4t i'
'RECEIVEDVariance Application 3/00 Page 1 of 3
MAR � - 2009
Per... ----- 8
PAGE..._GF....
"5
The Planning & Zoning Commission may only grant a variance if the Commission finds all of the
following conditions are met. Each condition must have a response in as much detail as it takes to
meet the condition. Please use additional paper if there is not enough room here for your response.
Failure to document your case reduces the likelihood of your variance being granted.
The applicant hereby alleges that:
1. The proposed action is consistent with all of the general conditions required for a conditional use
permit as follows:
a. The use is consistent with the purpose of the Zoning Code and the purposes of the 7hing
district:
b. The value of the adjoining property will not be significantly impaired:
c. The proposed use is in harmony with the Seward Comprehensive Plan:
d. Public services and facilities are adequate to serve the proposed se:
e. The proposed use will not be harmful to the public safety ealth or welfare:
2. Special conditions and circumstances exist whic/ithe
r to the land or structures involved and
which are not applicable to other lands and structuame district. These special conditions
are:
3. The special conditions and circumstance ave not been caused by actions of the applicant in that:
4. Financial hardship or inconve 'nce shall not be a reason for granting a variance in that:
5. Other nonconformin and use or structures within the district shall not be considered grounds for
granting a variance in at:
- 4
6. The va - nee granted is the minimum variance that will make possible a reasonable use of the land,
building structure in that:
Variance Application 3l00
Page 2 of 3
0'
7. Granting the variance will not permit a use that is not otherwise permitted in the district in which
the property lies in that:
I hereby certify that all statements and other information submitted are true and accurate to the best
of my knowledge, and that I, as applicant, have the following legal interest in the property: _Owner
of record; _ Lessee; — Contract Purchaser;_ duly authorized to act for a person who has the
following legal interest: and that the owner of record is knowledgeable of this
application if I am not the owner. I understand that the variance fee is non-refundable to cover the
cost associated with processing this application and that it does not assure approval of the variance.
Applicant's Signature: / Property Owner's Signature
Enc: Fee: $250 ( ) paid Site plan ( ) Location Map ( )
c
Variance Application 3/00
As built survey ( )
Page 3 of 3
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APPLICATION FOR SIGN VARIANCE
1. BACKGROUND FACTS
The applicant for this variance is the sole proprietor of Seward's only bookstore. It is a
relatively new, very modest family business. However, for the community, it is much
more than a business. A bookstore is a valuable social, cultural and educational asset that
few small communities in Alaska have been able to sustain.
"Browsing" is the norm in a bookstore on dark winter days. Scintillating conversation
frequently develops among browsers discussing books they have read and that they want
to read. Bookstore owners sponsor and host both lectures and prose/poetry reading
events, Young people can purchase books locally for such events as the academic "Battle
of the Books," or for their own personal interests (like the Harry Potter books or the
presently trendy Tween enthusiasm for the Twilight Series). A brick -and -mortar
bookstore is a relatively unique and valuable social center and learning resource for a
small Alaskan community.
That bookstore is being moved from Washington Street to Fourth Avenue, in the Central
Business District. Plans for the new, more centralized location include erecting a
projecting bookstore sign on the front of the building, above the sidewalk.
Seward City Code 15.20.040(C)(4) does allow "projecting signs" over the sidewalk, and
there are many such signs along both sides of this downtown block of Fourth Avenue.
But, that same Seward ordinance requires that projecting signs must be situated above an
existing marquee, despite the fact that many projecting signs in the vicinity are not above
marquees (including the Alehouse sign on the south side of the same building where the
bookstore will be located).
Following an inquiry into why a seemingly unrelated "marquee" would be a prerequisite
for a City permit for a "projecting sign," the applicant was informed by another citizen
who was close to the event of enactment of the ordinance, that it was drafted in this
manner in the late 1990s in order to encourage downtown businesses to construct
awnings and canopies over the public sidewalk, because owners were not taking seriously
their separate and distinguishable legal responsibility to keep their sidewalks clear of
snow and ice.
In other words, the requirement of a marquee bears no reasonable relationship to the
legitimate governmental purposes of "sign" regulation in itself, but rather the ordinance
was drafted with this requirement to serve the wholly ulterior and different purpose of
reducing the need to enforce another, separate ordinance requiring owners to clear snow
and ice from their storefronts.
11
Seward City Code 15.20.010 sets forth the legitimate purposes for local sign regulations,
and nowhere does that ordinance mention using sign limitations vicariously as an
alternative to direct enforcement of a separate and distinct ordinance requiring snow
removal. One P&Z commissioner whose term ended recently has advocated changing
this marquee -prerequisite, to allow projecting signs that are consistent with the aesthetics
and the visual character of the vicinity. The city employee who is presently redrafting
Title 15 has incorporated that commissioner's recommendation in the redraft.
As a general matter of public policy, prohibitive regulations should never be used for
ulterior purposes. Laws should be drafted to fulfill only their direct, primary purposes,
and if other laws are being violated (e.g., snow removal from the front of buildings),
those laws should be enforced directly and not circuitously with a wholly unrelated
prohibition.
2. STANDARDS APPLYING TO A
REQUEST FOR A VARIANCE
Because there is no marquee on the building housing the new bookstore, the Seward
Community Development Department cannot legally issue a permit for this bookstore
sign. (See, denial letter of March 25, 2009.)
The applicant here then decided to pursue a variance (l) because that marquee -
prerequisite in the sign ordinance is not reasonably related to legitimate purposes for sign
regulation, (2) because the projecting sign for this bookstore is consistent with the
aesthetics and the visual character of the downtown vicinity, and (3) because, as a matter
of public policy, accommodating a local bookstore promotes the continued existence of a
valuable social, cultural and educational asset in the small community of Seward_
It should be noted that the form entitled "Application for Zoning Variance" supplied by
the Community Development Department for this variance request does not apply the
correct standards of review by the P&Z Commission. That form addresses a variance
pursuant to SCC 15.10.325, which is triggered only "when the literal enforcement of this
chapter would deprive a property owner of the reasonable use of his real property...." It
applies to Chapter 15.10, the Seward Zoning Code. However, the present request for a
variance arises from provisions in Chapter 15.20 of Seward's ordinances, the `Signs"
regulations, where wholly separate and distinct standards apply to a variance review.
Seward ordinances 15.20.055 authorize the Planning and Zoning Commission to grant a
variance from the signage rules under certain circumstances, and with the application of
certain standards. The first standard applies only to requests for signs "larger than
provided in this chapter." That provision is not relevant to this application for a variance.
The second standard authorizes the Commission to grant a variance if the variance is "in
harmony with the general purpose and intent of this code ... so long as the spirit and
12
benefits of this code will be preserved."
The third standard instructs the Commission to engage in a "due diligent investigation,"
and to "make specific findings that all of the following conditions have been considered."
(Note that this subsection of the ordinance does not say that all of these conditions must
be met or must be satisfied. It only says that the Commission must issue findings
establishing clearly that the Commission has "considered" them after a duly diligent
investigation.)
The following bulleted items summarize what the Commission must consider in its duly
diligent investigation:
The variance would not be "a special privilege inconsistent with ... signage
and uses of other properties in the vicinity and zone...."
The variance is necessary because of special circumstances such as, but not
limited to, health and safety or the size, shape, topography, location or
surroundings ... to provide it with signage use rights and privileges
permitted to other properties in the vicinity and in the zone ...."
The variance would not be "materially detrimental to the public welfare or
injurious to the subject property or improvements in the vicinity and in the
zone...."
The fourth subsection of the variance ordinance is not really a standard, but rather an
authorization for the Commission to attach conditions "to carry out the spirit and purpose
of this code...."
Each of the above standards is explored in greater detail in separate sections below.
3. CONSIDERATION OF STANDARDS FOR A VARIANCE
A. WOULD GRANTING A VARIANCE BE "IN HARMONY WITH
THE GENERAL PURPOSE AND INTENT" OF THE SIGN CODE, AND
PRESERVE THE "SPIRIT AND BENEFITS" OF THE CODE?
This is the standard articulated at SCC 15.20.055(a)(2). The statements of general
purpose and intent of the sign ordinances are found at SCC 15.20.010. This request for a
variance is totally in harniony with those general purposes. It does not impact in any
adverse manner to health, safety, property or welfare of Seward's citizens. It does not
change in any manner the aesthetics of the downtown, but is wholly consistent with many
13
projecting signs in the Central Business District. The sign would convey valuable
information to the public. It does not change the historic charm, natural beauty or visual
character of the vicinity or the community. It is not contrary to the goals and objectives
of the Seward Comprehensive Plan. And, allowing the variance would serve the stated
purpose of promoting "flexibility and incentive for creative and innovative sign designs."
The legitimate spirit and benefits of the Seward Signs ordinance are wholly preserved
with the granting of this minor variance for a sign consistent with other signs in the
vicinity, and the granting of that variance is wholly in harmony with the legitimate
purposes and intent of sign regulation.
B. WHAT "SPECIFIC FINDINGS" RESULT FROM
A DUE DILIGENT INVESTIGATION OF
WHETHER THE REQUESTED VARIANCE IS
CONSISTENT WITH SIGNAGE AND USES
OF OTHER PROPERTIES IN THE VICINITY AND ZONE'.?
There are projecting signs throughout the Central Business District; including a projecting
sign on the building where this bookstore sign would be placed. A glance down Fourth
Avenue from the intersection of Adams Street will clearly and convincingly demonstrate
that the requested variance is wholly consistent with signage and uses of other properties
in the vicinity and the zone.
C. WHAT "SPECIFIC FINDINGS" RESULT FROM
A DUE DILIGENT INVESTIGATION OF
SPECIAL CIRCUMSTANCES THAT RESULT IN
THE VARIANCE PROVIDING SIGNAGE USE
RIGHTS AND PRIVILEGES PERMITTED TO
OTHER PROPERTIES IN THE VICINTIY AND ZONE?
Many other business properties in the vicinity and the zone enjoy the use of projecting
signs. A business along this downtown block that does not have a projecting sign is at a
serious disadvantage attracting customers.
As noted above, a bookstore also represents "special circumstances." It is a rare and
fragile business proposition in a small community, yet its contributions to the social,
cultural and educational welfare of the community are huge. Good public policy in
community development should make every reasonable accommodation to encourage and
preserve a bookstore as an asset of the citizenry. This is particularly true where granting
the variance for a modest projecting sign is totally consistent with the aesthetics and
visual character of the vicinity, and in harmony with the legitimate purposes and intents
of sign regulation.
D. WHAT "SPECIFIC FINDINGS" RESULT FROM
14
A DUE DILIGENT INVESTIGATION OF
WHETHER THE VARIANCE WOULD BE
MATERIALLY DETRIMENTAL TO THE
PUBLIC WELFARE OR INJURIOUS TO THE
PROPERTY, VICINTY OR ZONE?
The granting of this variance for a projecting sign for a bookstore, on a building that
already has one projecting sign, and in a vicinity replete with projecting signs, is neither
materially detrimental to any concern of public welfare, nor injurious to any property or
zone in the community. Indeed, this small family business is not even in competition
with other retailers in the vicinity. It is a unique store with an enhanced public purpose
that is completely beneficial to the public welfare and surrounding properties.
4. PROPOSED FINDINGS
SCC 15.20.050(a)(3) requires that, following duly diligent investigation, the Commission
must make "specific findings" that certain "conditions have been considered." The
applicant proposes that the Commission make findings not only that it has "considered"
those standards, but also that it has reached favorable conclusions about each of those
standards. Specifically, the applicant proposed the following as Findings for the
Commission:
1. The Commission has engaged in a duly diligent investigation of the request for
a variance to permit a projecting sign over the sidewalk at a building that does not
have an existing marquee.
2. The Commission finds that there presently is a projecting sign for another
business on the same building.
3. The Commission finds that there are numerous projecting signs on both sides
of the street in this downtown block of the Central Business District.
4. The Commission finds that the sign proposed in the variance request is
consistent with the aesthetics and visual character of the vicinity.
5. The Commission finds that the sign proposed in the variance request is in
harmony with and consistent with signage and uses of other properties in the
vicinity and the zone.
6. The Commission finds that the sign proposed in the variance request is in
harmony with the legitimate purposes and intents of the sign code, and preserves
the legitimate spirit and benefit of the sign code.
15
7. The Commission finds that nothing in the proposed variance would be
materially detrimental to the public welfare, or injurious to other owners or
properties.
8. The Commission finds that a bookstore is a positive community asset beyond
its most apparent function in general retail commerce, and that the public policy
of City government should endorse and support a bookstore whenever reasonably
possible, because a bookstore promotes community development by enhancing the
quality of life in Seward and by promoting social, cultural and educational events
and resources in the community.
For all of the reasons stated above, the applicant respectfully requests the Seward
Planning and Zoning Commission to grant a variance to allow this projecting sign.
Dated this day of March, 2009
Applicant
16
Relevant Textual Portions of "15.20.055 Variance procedure provided"
(a) The commission is hereby authorized to grant special variances from the provisions
of this chapter in accordance with the following restrictions:
(1) To encourage the use of signs which are harmonious with Seward's scenic
beauty and historic character, the commission may issue a variance for specific
signs up to 1.5 times larger than provided in this chapter. Each application for
such variance shall submit a scale drawing and a color rendering of the proposed
sign(s) in relation to its surroundings.
(2) A variance may be granted in harmony with the general purpose and intent of
this code by varying the application of rules, regulations or provisions so long as
the spirit and benefits of this code will be preserved.
(3) The commission may vary the rules and regulations or provisions of this code
provided the commission upon due and diligent investigation, makes specific
findings that all of the following conditions have been considered:
The variance will not constitute a grant of a special privilege inconsistent
with the limitation upon signage and uses of other properties in the
vici8nity and zone in which the property, on behalf of which the
application is filed, is located, -
That such variance is necessary because of special circumstances such as,
but not limited to, health and safety or the size, shape, topography,
location or surroundings of the subject property, to provide it with signage
use rights and privileges permitted to other properties in the vicinity and in
the zone in which the subject property is located;
That the granting of such variance will not be materially detrimental to the
public welfare or injurious to the subject property or improvements in the
vicinity and in the zone in which the subject property is situated.
(4) In granting a variance, the commission may attach thereto such conditions
regarding the location, character and other features of the proposed sign as it may
deem necessary to carry out the spirit and purpose of this code of moderating the
size, number and obtrusive placement of signs and reduction of clutter in the
public interest.
17
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CITY OF SFWARD
P.O. BOX 167
SEWARD, ALASKA 99664-0167
March 25, 2009
Vanta Shafer, Cover to Cover
PO Box 393
Seward, AK 99664
Dear Ms. Shafer,
• 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
f .r •.J � �,, � c��p t � c.w.� �- Jt a. o F+�t c.n�
VtS��—� 3/261a9 3.,p -v/n-
Thank you for submitting the required sign permit application for the new location of
your business. The Community Development Department strives to provide assistance
with the necessary City of Seward permitting requirements. Regretfully, my final
determination is that your application will not be approved by our department. The sign
you have proposed is specifically prohibited in the Central Business District because it
protrudes in the sidewalk, but is not located over a marquee (SCC § 15.20.40).
Should you wish to pursue using the proposed sign at your location, there are three
options available:
Upon receipt of this letter you have 10 days to appeal my final determination as
outlined in SCC § 15.10.410.
You may submit an application for a variance from the Seward Planning and
Zoning Commission on this code requirement.
Finally, as another option, you could pursue with the Planning and Zoning
Commission a code change allowing projecting signs in the central business
district that are not located over a marquee.
I am happy to offer any assistance you require and look forward to providing the support
necessary in helping your business be successful in the community. Please be aware that
my determination and the appeal time limitations remain in place. I can be contacted at
224-4020 if you have any questions, require additional assistance or if I can help clarify
this information- I look forward to hearing how you would like to proceed.
Code References and Variance application attached
20
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WASHINGTON STREET
Resolution 2009-09
Sign Code Variance
0 75 150 Feet
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ADAMS STREET
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215 Fourth Avenue
N Lot 12A, Block 10, OTS
Mapping
Planning and Zoning
assistance by
Alaska Map co. April 21, 2009
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21
Cin, of Seward, Alaska Planning Commission Minutes
April 7, 2009 Volume 6, Page 236
Call to Order
The April 7, 2009 Regular Meeting of the Seward Planning & Zoning Commission was
called to order at 7:30 p.m. by Chair Roach'.
Opening Ceremony
Commissioner Stauffer led the Pledge of Allegiance to the flag.
Roll Call
There were present:
Sandie Roach' presiding, and
Sue McClure Cindy Ecklund Christina Stauffer
Steven Heinrich Tena Morgan
comprising a quorum of the Commission; and
Christy Terry, Community Development Director
Anne Bailey, Executive Liaison
City Administration Report
Community Development Director Christy Terry updated the Commission of the
following business items:
• The City Voice Over IP system was implemented on April 4, 2009 and asked everyone to
be patient during this transition.
• A Flood Plain Variance request had been submitted to the City for construction of a hanger
at the airport.
• A Flood Plain Development Permit had been applied for the ShefIler Creek/Dairy Hill
culvert replacement and the fish ditch improvements. The City had work with the Kenai
Water Shed Forum on these proposed projects and stimulus grant application.
• Two Special Meetings were scheduled in regards to the Japanese Creek Levee on April 13,
2009 and April 14, 2009.
• The Highway would be closed April 24-27, 2009. Inspection dates throughout the summer
were being scheduled closing the highway to commercial vehicles. The City was working
with the Department of Transportation on coordinating times that least impacted Seward.
• Bob Hicks continued to work on Title 15 updates and hoped to have this go before the
Commission in May.
• Kerry Martin had completed the raw data and updates for the Municipal Land Plan and
more work had to be done to complete the plan.
22
City of Seward, Alaska Planning Commission Minutes
April 7, 2009 Volume 6, Page 2 3 7
• Community Development with Public Works had submitted a letter of intent to apply for a
grant to solve drainage problems in the Mill Street/Vista Avenue area. The Grant funds
obtained from the Borough for this project provided the initial funding need for engineering
to apply for the grant.
• Flood Plain Development permit was issued to Afognak Construction to extract gravel from
Japanese Creek.
• Long Term Care Facility progress was going well and the project was not exceeding the
budget designated by Council.
Other Reports, Announcements & Presentations —
• Three complaint calls had been received regarding camping in the yard.
Citizens' Comments on any subject except those items scheduled for Public Hearing — None
Approval of Agenda and Consent Agenda —
Motion (McClure/Heinrich)
Approve the Agenda and the Consent
Agenda
Ecklund pulled the February 17, 2009 meeting minutes.
Motion Passed as Amended
Unanimous
The following items were approved on the Consent Agenda:
Resolution 2009-07 granting a second six month extension to Conditional Use
Permit No. 2008-03, issued to Nathan Orr for the remodel and construction of
a 34 unit motel on Lot 3A, Block 18, federal Addition, Orr Replat, 909 fourth
Avenue within the Central Business District
Special Items -
Election of Chair and Vice Chair
Election of Chair and Vice -Chair
Motion (McClure/Ecklund)
Roach' opened the floor for Chair
nominations.
Elect Commissioner Roach' as Chair
Seeing no further nominations, nominations
were closed.
23
City of Seward, Alaska Planning Commission Minutes
April7, 2009 Volume 6, Page 238
Motion Passed
Motion (Ecklund/Stauffer)
Motion Passed
Unanimous Consent
Roach' opened the floor for Vice -Chair
nominations.
Elect Commissioner McClure as Vice
Chair
Seeing no further nominations, nominations
were closed.
Unanimous Consent
Unfinished Business Items requiring a Public Hearing — None
New Business Items requiring a Public Hearing —
RESOLUTION 2009-06 granting a Conditional Use Permit to Dennis and Mary
Bailey dba D & M Properties, to operate nightly lodging within two multi -family
dwelling apartment structures on Lots 23-34, Block 8, Laubner Addition located at
1104 Fourth Avenue within the Harbor Commercial Zoning District
Terry reviewed Resolution 2009-06 stating we had just gone through a code change
regarding this item allowing this use with a Conditional Use Permit (CUP) in the Harbor
Commercial Zoning District. She reviewed the restrictions placed on the CUP and stated the
applicants were in the audience.
In response to Stauffer, Terry stated the applicants could respond to how many tenants
were currently occupying the buildings.
In response to Roach's questions, Fire Chief Squires defined transient housing as it related
to the building code and the difference between RI, R2, and R3 residential zoning. He explained
why this building if built today would not meet the code for transient housing, the difference
between the Seward code and others throughout the state regarding multi -family housing being
used as transient housing, what the fire wall standard was for the structure, that three fires had
occurred in the condominiums, why this building did not require a sprinkler system, and discussed
intended uses and why this was not considered transient lodging.
In response to Heinrich, Squires clarified the fire and building department did not have a
problem with this Resolution as long as the occupancy did not change the residential status.
Terry referred to the planning and zoning code section 15.10.2259 explaining why the CUP
limited the owners to five units per building.
In response to Ecklund, Squires stated they would inspect the units that would be used for
24
City of Seward, Alaska
April 7, 2009
nightly lodging.
Planning Commission Minutes
Volume. 6, Page 239
CUP. Terry indicated that the number of units used for nightly lodging could be altered in the
In response to Roach', Terry stated the next owners would be able to continue the use of
the property unless there was a change.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
Nathan Orr, inside City limits, voiced his concern with public safety for nightly lodging in
this building and stated this was a change of use for the building. He discussed the sprinkler
requirement for other lodging facilities and thought the Harbor Lights condo should be retrofitted
with sprinklers.
DJ Whitman, inside City limits, voiced his concern with life safety and taking an old
building and changing the occupancy. He discussed the access and egress of a three story building
and thought the Commission needed to take a serious look at this.
Dennis Bailey, inside City limits, stated they had owned the building for three years and did
not want to do a daily rental. He explained they had lost $60,000 last year trying to do annual
rentals and asked to have one unit with the option to rent out daily. He discussed the insulation of
the building and noted they would like to stay in Seward.
Mary Bailey, inside City limits, said they had thought of the safety concerns of their
tenants, hoped to work with the Fire Department, and noted bed and breakfasts were less safe then
this building. She continued they had met the requirements requested of them by the City and
Commission and they could not afford to sprinkle the building.
No one else requested to be heard and the public hearing was closed.
Motion (Heinrich/McClure)
Approve Resolution 2009-06
In response to Heinrich, Squires stated if they stayed with the same occupancy there was
not an increased amount of danger. Squire continued that they would do annual inspections on this
unit issuing a permit for one year.
In response to Ecklund, Squires stated there was another three story bed and breakfast and
stated the only requirements were an exit door or egress window from the sleeping area. He
explained some owners had purchased escape ladders but this was not a code requirement.
In response to Roach', Terry stated a precedence was not being set by doing this for other
businesses.
25
City of Seward, Alaska Planning Commission Minutes
April 7, 2009 Volume 6, Page 240
In response to Ecklund, Terry stated the limit of apartment units used for nightly lodging
could be changed in the CUP to any number less than five.
In response to Morgan, Terry explained the code for house rentals, when a lodging permit
was required, and the code definition of a multi -family dwelling. Squires explained that the fire and
planning and zoning codes differed.
Roach' continued to discuss the concept of lodging.
Roach' suspended the rules to allow Mary Bailey to speak.
In response to Roach', Bailey stated a kitchen and some food would be provided to prepare
meals.
Motion (Ecklund/Heinrich) Amend Section 1. #6 by adding a new
finding number 2 stating, "The Harbor
Lights Condominiums will be limited to
one apartment unit (per building)."
Roach' suspended the rules to allow the Bailey's to speak.
Mary Bailey clarified that these were condominiums not apartment buildings.
In response to Mary Bailey, Roach' stated she had received comments concerning 5 units
per building being used for nightly lodging and had received several about superseding the fire
code. Roach' thought this was a fire safety issue.
Terry commented the Fire Chief was the final deciding body on the fire code and had
supported this Conditional Use Permit. She continued if there were more concerns this could be
postponed and a work session could be set.
The Board further discussed if there was a legitimate reason to limit nightly rentals to less
than 5 units, what the owners original intent was, other multi -family dwellings that had been turned
into nightly rentals, the reason Ecklund proposed the amendment, and whether the Commissioners
supported this amendment.
Motion Passed
Yes: Ecklund, McClure, Roach', Stauffer
No: Heinrich, Morgan
Main Motion Passed as Amended Yes: Ecklund, Heinrich, McClure, Morgan,
Stauffer
No: Roach'
The Commission recessed at 8:49 p.m. and reconvened at 8:52 p.m.
26
City of Seward, Alaska
April 7, 2009
Planning Commission Minutes
Volume 6, Page 241
RESOLUTION 2009-08 granting a Conditional Use Permit to Icicle Seafoods to
allow modified cargo containers used as temporary structures to serve as employee
living quarters/bunkhouses within the existing employee campgrounds on Lot 2,
Block 3, Leirer Industrial Subdivision within the Industrial Zoning District
Terry reviewed Resolution 2009-08 stating Blaine Bardarson acting as the agent for Icicle
Seafood was applying for a Conditional Use Permit; she reviewed the conditions placed on the
modified cargo containers, and recommended approval of this resolution.
In response to Stauffer, Terry stated Icicle currently provided employee campground U-
shaped tents on -site, utilized City campgrounds, and AVTEC Housing.
Squires explained these structures would have to meet all building code requirements and
discussed the requirements in detail. He noted these temporary structures would have to be
removed from the site.
In response to Heinrich, Squires stated these could be stacked to 34 feet but exit
requirements would have to be met.
In response to Ecklund, Terry stated Blaine Bardarson had received a letter approving him
as the agent for Icicle Seafoods, a fee was paid for the Conditional Use Permit, and the 2006
Conditional Use Permit was no longer in effect due to lack of funding.
In further response to Ecklund, Squires discussed the length of time temporary buildings
were allowed per the building code, planning and zoning code, and electric code. Terry explained
the floor plan and stated running water would not be included.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
Blaine Bardarson, inside City limits, stated the cargo containers would not be stacked and
that this was an answer to a problem but not the ideal solution. He described the poor living
conditions the employees currently resided in, clarified he did not work for Icicle but had presented
this idea to them, and explained the cargo living quarters
In response to Stauffer, Bardarson stated the conex's would be painted a light color, the
ceiling height was 9 feet, the conex's would be insulated to prevent condensation, and the front
door had a window to allow air flow.
In response to McClure, Bardarson would ideally like 30 of these units.
In response to Ecklund, Bardarson stated the tents in the current location are removed in
the winter, the cargo units would be stored in the winter on his property in the Industrial area, once
Icicle no longer needed these they would be outsourced, and they would not be stacked when
stored.
27
City of Seward, Alaska Planning Commission Minutes
e.,,r7 7 700o Volume 6, Page 242
Roach' commended Bardarson for coming up with a positive solution improving the safety
of the community.
Ecklund commented she was not in favor of this project and asked if there was discussion
of a buffer zone.
Roach' interjected a landscape plan had been discussed in the Industrial area but the plants
would not grow.
Bardarson stated the tents would still be there and money was not taken out of the
employees' wages to live in the tents.
No one else requested to be heard and the public hearing was closed.
Motion (Heinrich/Stauffer) Approve Resolution 2009-08
In response to Ecklund, Terry stated the 90 day temporary power would be addressed in the
permitting process. Squires interjected if there was a change or more restrictive requirements they
would follow that.
In response to McClure, Ecklund stated she had received public comment on this issue.
Motion Passed Yes: Heinrich, McClure, Morgan,
Roach', Stauffer
No: Ecklund
Unfinished Business
Confirmation of the Commission's Wishes on the Food Plain Ordinance Update
Terry explained the Flood Plain Ordinance had been discussed at two work sessions and a
regular meeting and asked the Commission to provide a formalized recommendation. She stated
McClure and Stauffer had attended the Flood Plain Task Force meetings and what had been
discussed. She suggested the Commission set a sunset clause to update the City Ordinance.
McClure clarified the Flood Plain Task Force had not addressed the Borough Flood Plain
Ordinance. She noted Borough Resolution 2009-09 had been passed and agreed the Commission
should set a sunset clause to review the City ordinance.
Stauffer stated a presentation on the Task Force progress was given at the Flood Board and
she agreed with Terry that the City has some flooding issues that needed to be addressed. She
stated the FEMA maps should be received in June and should be considered as the sunset clause.
Roach' stated she had been inclined to move forward with the City Flood Plain Ordinance
but had not considered the FEMA maps.
�.'
City of Seward, Alaska
April7, 2oog
Planidng Commission .Minutes
Volume 6, Page 243
began to review Title 15 at the second Work Session in May. Terry agreed with Stauffer's recommendation and the timing could work if the Commission
Motion (Ecklund/McClure)
Motion Passed
New Business —
Continue with the updates of Title 15 and
review the Flood Plain Ordinance in order
of that review
Unanimous Consent
Discuss the planning and Zoning priorities in preparation for the Council and Commission
joint work session scheduled for April 8, 2009 at 6:00 p.m.
Terry explained this was the annual joint work session with Council and staff had gone
through and provided updates to the Commissions priorities shown in Resolution 2008-09.
Code. In response to Ecklund, Terry stated the City Manager had been directed to update the
Terry addressed the Alaska Railroad Master Plan and stated handouts would be available at
the meeting.
The Commission discussed enforcement versus compliance, what procedures the City
currently followed, and if this would qualify for stimulus funding.
In response to Heinrich, Terry explained the Nash Road Bench Study.
Discuss and set possible Commission work session for April 21, 2009
Terry stated there would be a Special Meeting on April 21, 2009 at 7:30 p.m. and
suggested a Work Session be scheduled at 6:30 p.m. to continue discussion of the Comprehensive
Plan.
By general consensus, the Commission set a work session from 6:30 p.m. to 7:30 p.m. on
April 21, 2009 to discuss the Comprehensive Plan.
Februauy 17, 2009 Special Meeting Minutes
Ecklund noted Howard Ferren's name was spelled incorrectly and Terry suggested Comp
Plan be changed to comprehensive plan.
Motion (McClure/Ecklund)
Approve the February 17, 2009 Special
Meeting Minutes
29
City of Seward, Alaska
Aril7, 2009
Motion Passed as Amended
Planning Commission Minutes
Volume 6, Page 2 4 4
Unanimous Consent
Informational Items and Reports (No action required) — None
Commission Comments -
Stauffer clarified the money for the Mill Street drainage problem was through the Borough
but belonged to the tax payers of the Seward/Bear Creek Flood Service area.
Heinrich thanked Chief Squires for attending.
Morgan congratulated Roach' and McClure on their appointments.
Ecklund discussed the hunting resolution going before Council, having Icicle build a
bunkhouse for their employees, and congratulated Roach' and McClure.
In response to Roach'. Terry stated the Hunting Resolution would be on the April 13, 2009
Council meeting agenda.
McClure thanked the Commission for electing her, encouraged everyone to read the
hunting ordinance, stated she would not be able to attend the May 7, 2009 meeting, and the
Community Choir Concert was scheduled on May 14, 2009.
Roach' thanked the Commission for re-electing her and the publiclstaff for attending.
Terry commented the Planning and Zoning meeting in May was on a Thursday and she
would email the notice regarding Borough Resolution 2009-09.
Citizens' Comments — None
Commissions and Administration Response to Citizens' Comments — None
Terry thanked the Commissioners for being prepared for the meeting.
Adjournment
Meeting adjourned at 10:02 p.m.
Anne Bailey
Executive Liaison
(City Seal)
Sandie Roach'
Chair
30
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KPB 12:OOpm PACAB Meeting I 7.30pm P&Z Meeting
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6:00pm SMIC Feasibility
Study with PACAB
7:00pm City Council
Meeting
18.
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6:30pm Historic
Preservation
Meeting
9:00am Social Security
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7:00pm City Council 6:OOpm CC WS Budget
Meeting I Close Out With
Auditors
Nand Richey 2 4/15/2009 1:04 PM