HomeMy WebLinkAboutRes2009-023 Sponsored by: Staff
C11'1'Y OF SEWARI), ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009 -23
A RESOLUTION OF THE SEWARI) PLANNING AND ZONING
COMMISSION, GRANTING A VARIANCE FROM SEWARD CITY CODE
15.10.220 DEVELOPMENT REQUIREMENTS TO ALASKA LOGISTICS,
LLC, PERMITTING AN EXCEPTION TO THE ZONING CODE MAXIMUM
BUILDING HEIGHT TO ALLOW A 46 FOOT STRUCTURE ON LOT 2,
BLOCK 3, FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE
INDUSTRIAL CENTER, 3305 JELLISON AVENUE, WITHIN THE
INDUSTRIAL ZONING DISTRICT
WHEREAS, Alaska Logistics, LLC. requested a variance to exceed the maximum building
height on Lot 2, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center within
the Industrial Zoning District; and
WHEREAS, the maximum building height allowed by Seward City Code §15.10.220
Development Requirements is 34 feet; and
WHEREAS, Alaska Logistics, LLC requested the variance to construct a roofed structure
4110.. with a total building height of 46 feet; and
WHEREAS, as required by Seward City Code §15.01.040, Public Hearings, property owners
and lease holders within 300 feet of the requested variance parcel were notified of the proposed
action, and the property was posted with public notice signage; and
WHEREAS, having complied with the public notification process; on October 20, 2009, the
Seward Planning and Zoning Commission held the required public hearing on the Variance
Application.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. In accordance with SCC§ 1 5.10.325.D, the Commission shall establish a finding
that all of the following conditions have been found to exist prior to issuing a variance permit:
1. The proposed action must be consistent with all of the general conditions required for a
conditional use permit. The project is consistent with all of the conditional use permit requirements
as follows:
A. The use is consistent with the purpose of this chapter and the purposes of the
zoning district.
Seward Planning and Zoning Commission
Resolution 2009 -23
Page2of5
Finding: The purpose of the Zoning Code is to promote public health, safety and
general welfare by providing for planning and land use regulations within the City.
'I he property is zoned Industrial. According to the Zoning Code, Land Uses Allowed
Table, Boat, commercial building/fabrication, Boat, repair & maintenance, and Boat.
.storage commercial are all allowed as outright uses in the Industrial District. As
identified in the Zoning Code 15.10.220,b., the purpose of the building height
standard is to prevent loss of life or excessive property damage through the inability
of the City Fire Department to reach upper stories or roofs and to help maintain the
character of neighborhoods. Although, the proposed roofed structure, by definition,
exceeds the 34 foot building height limit, the proposal does not increase the occupied
work area or change the proposed use of the property. The proposed use as a vessel
repair facility is consistent with the purpose of the Zoning Code and the Industrial
Zoning District.
B. The value of adjoining property will not be significantly impaired.
Finding: The structure is located on a 2.5 acre parcel that is owned by the City and
will be leased to the applicant. All adjoining property is zoned Industrial. The
parcels to the North contain the City's electric substation on Lot 1, Block 1; the
Shoreside Bulk Storage area located on Lot 2, Block 1 and the AVTEC Fire Training
Facility located on the remainder of Block 1. The parcels to the East within Block 3
are owned by the City, currently Lot 4 is in the process of being leased to Godwin
Glacier Tours for outdoor storage, Lots 3 and 5 are vacant parcels. Lot 1 located to
the West is also owned by the City and currently vacant. The large approximately 12
acre parcel to the South is owned by the City and currently contains the City boat
storage yard. Further to the South is a parcel leased to Seward Ship's Drydock, Inc.
which contains a 110 foot high structure used for vessel maintenance and repair.
There is no indication the proposed structure will significantly impair the value of
adjoining Industrial properties.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: The proposed use of the property as a ship repair facility is in harmony
with recommendations of the Seward Comprehensive Plan. Linder both the
economic development and land use goals of the Comprehensive Plan, specific
recommendations are made to continue efforts to develop the Seward Marine
Industrial Center as a major industrial area of the community. In addition, the
Seward Marine Industrial Center Development Plan, adopted by City Council
Resolution 2008 -33, recommends reviewing the Zoning Code for height, setback and
other requirements to determine if they are consistent with the desired industrial
center development.
Seward Planning and Zoning Commission
Resolution 2009 -23
Page 3 of 5
D. Public Services and facilities are adequate to serve the proposed site.
Findings: According to Seward Fire Chief Dave Squires, the proposed structure
exceeds the Seward Fire Department's capability to reach the roof, from the outside
the structure. These concerns are noted by the Commission, and the applicant is
aware of this situation. Chief Squires also requests there be no storage above the
second tier of containers. The Commission also recognizes that the higher levels of
the structure are not intended for human habitation. The proposed building height
does not negatively impact existing road access for emergency services vehicle
response. The purpose of the roof is to enclose an area for vessel repair operations
and provide workers with a protected work environment. Furthermore, a condition of
the building permit approval shall require that the applicant provide a fire hydrant
within 250 feet of the building in order to improve fire response services at the site.
Adequate police and solid waste disposal services are available to the lease site. The
applicant intends to provide private use power and sanitary facilities. Based on this
analysis, the Commission finds that the public services and facilities are adequate to
serve the proposed site.
E. The proposed use will not be harmful to the public safety, health or welfare.
Findings: To obtain a building permit issued by the City, the applicant is required to
submit current engineered building plans for review that meet the International
Building Code as adopted by the City Council. As required by City Code the
structure shall meet all setbacks and zoning requirements. It does not appear that the
proposed 46 foot building height will be harmful to the public safety, health or
welfare.
F. Any and all specific conditions deemed necessary by the commission to fulfill the
above- mentioned conditions shall be met by the applicant. These may include but
are not limited to measures relative to access, screening, site development, building
design, operation of the use and other similar aspects to the proposed use.
1. The applicant shall obtain a current Building Permit before construction begins
on the site.
2. No storage is allowed above the second tier of containers.
3. Per the Fire Department requirements, a driveway entrance from Jellison Avenue
to the site shall be established and maintained for emergency vehicle access.
4. The applicant shall obtain all necessary Federal, State and local permits required
for the vessel maintenance work.
2. Special conditions and circumstances exist which are peculiar to the land or structures
involved and which are not applicable to other lands and structures in the same district.
Seward Planning and Zoning Commission
Resolution 2009 -23
Page4of5
Finding: The special conditions and circumstances peculiar to this land is the fact that the property
is designed. by the City of Seward as a vessel maintenance and repair area. The vessels designed to
use this area are large and require the use of the City's 250 Ton Travelift. The 250 Ton Travelift was
purchased and put into operation in 1990 to fill the demand for lifting vessels too small to
economically use the Syncrolift platform but to large for the City's 50 Ton Travelift. By necessity
any structure designed to accommodate the 250 Ton Travelift, and /or vessels using the Travelift,
would have to exceed the 34 foot maximum building height limit.
3. The special conditions and circumstances were not caused by actions of the applicant.
Finding: The City of Seward developed the area as the Seward Marie Industrial Arca and operates
the 250 Ton Travelift on the property. and therefore the special conditions and circumstances were
not caused by actions of the applicant.
4. Financial hardship or inconvenience shall not be a reason for granting a variance.
Finding: The reason for granting this variance is to support the development of the Seward Marine
Industrial Center by providing year round ship repair work in a protected environment. No financial
gain or Toss has been considered in this review.
5. No nonconforming land uses or structures within the district were considered as grounds
for granting the requested variance.
Finding: This condition has been met. No nonconforming structures were considered in this
review.
6. The requested variance is the minimum variance necessary to permit the reasonable use of
the property.
Finding: The Seward Marine Industrial Center (SMIC) was built for the purpose of developing a
vessel repair and maintenance area, including ship enclosures that would provide year round vessel
repair work in a protected environment. The requested variance to construct a 46 foot tall building is
the minimum required to cover vessels for which the Travelift was designed.
7. The requested variance will not permit a land use in a district where the use is prohibited.
Finding: The property is zoned Industrial. The proposed use of the property as a vessel /ship repair
facility is allowed as an outright use in the Industrial District, and therefore the requested building
height variance will not permit a land use in a district where the use is prohibited.
Section 2. The Planning and Zoning Commission finds the request meets the review criteria
required for granting a variance, and hereby approves the request by Alaska Logistics, LLC for a
variance from Seward City Code (SCC)§ 15.10.220 DEVELOPMENT REQUIREMENTS, to allow
the construction of a vessel repair structure with a maximum building height of 46 feet, on Lot 2,
Seward Planning and Zoning Commission
Resolution 2009 -23
Page 5 of 5
Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, subject to all
conditions in Section 1, Subsection F.
Section 3. In accordance with Seward City Code §15.10.325.E., this resolution shall take
effect ten (10) days after its adoption, provided it is not rescinded, amended or appealed.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 20 day
of October 2009.
THE CITY OF SEWARD, ALASKA
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' C[ : Ott e
Sandie Roach', Chair
AYES: Morgan, Ecklund, Heinrich, Stauffer, DeMarco, Roach'
NOES: None
ABSENT: None
ABSTAIN: None
VACANT: One
A 1 ES f:
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Jean ) ewis, CMC
City Olerk +' , z ,• r,�#�sv M
(City Seal)
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