HomeMy WebLinkAboutOrd2010-005 Sponsored by: Planning and Zoning Commission
Introduction Date: September 27, 2010
Public Hearing Date: October 11, 2010
Enactment: October 11, 2010
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CITY OF SEWARD, ALASKA
ORDINANCE 2010 -005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE 15.10.140 DEFINITIONS
TO ALLOW ACCESSORY BUILDINGS ON ADJACENT LOTS OF THE
PRINCIPAL BUILDING OR USE SERVED
WHEREAS, members of the public have requested a code change to allow for the
construction of single- family residential accessory structures on an adjacent lot; and
WHEREAS, the current code does not allow for the construction of accessory buildings
on an adjacent lot without first replatting the parcels, but SCC 12.01.030 allows single - family
residences to be constructed across platted property lines; and
WHEREAS, allowing the construction of accessory buildings on adjacent lots under the
same ownership may promote additional orderly development in Seward by removing a barrier
for both residential and commercial improvement; and
WHEREAS, allowing the construction of accessory buildings on adjacent lots may
provide additional benefit for the general welfare of Seward's residents; and
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WHEREAS, following newspaper publication for two weeks and written notice
displayed in three public places, the Planning and Zoning Commission held a public hearing at
its September 7, 2010 meeting and recommended City Council approval of a proposed Zoning
Code amendment; and
WHEREAS, the draft minutes and public records of the Planning and Zoning
Commission proceedings will be provided to the City Council.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD
ORDAINS that:
Section 1. The Seward City Code is hereby amended to read as follows:
Seward City Code 15.10.140. — Definitions is hereby amended as follows
(Strikethroughs = deletions and are bold, Underline = additions and are bold):
(b) Specific definitions. In this chapter, unless otherwise provided or the context
otherwise requires:
Accessory building. A detached structure that:
to..
CITY OF SEWARD
ORDINANCE 2010 -005
(1) Is clearly incidental to and customarily found in connection with a principal
building or use;
(2) Is subordinate to and serves a principal building or use;
(3) Is subordinate in area, extent or purpose to the principal building or use
served;
(4) Contributes to the comfort, convenience or necessity of occupants, business
or industry in the principal building or use served; and
(5) Is located on the same or adjacent lot under the same ownership as the
principal building or use served.
An accessory building shall be considered to be a part of the main building when joined
by a common wall or connected by a breezeway to the main building. Accessory building
means any structure regardless of type of foundation or base support, including skid -
mounted or other moveable structures.
Section 2. The above recitals are incorporated herein by reference.
Section 3. This ordinance shall take effect ten (10) days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 11
day of October 2010.
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THE CITY OF SEWARD, ALASKA
, .�
illard E. Dunham, Mayor
AYES: Valdatta, Keil, Smith, Dunham
NOES: None
ABSENT: Amberg, Bardarson, Shafer
ABSTAIN: None
ATTEST: , 4 . e. 114 's
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Lewis •
City Clerk '
(City Seal) . s; ma g `
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Council Agenda Statement
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Meeting Date: September 27, 2010
Through: City Manager Phillip Oates
From: Community Development Director Christy Terry •
41 cAsv-P
Agenda Item: Allowing accessory Buildings on Adjacent lots
BACKGROUND AND JUSTIFICATION:
Members of the public have requested a code change to allow for the construction of single - family
accessory structures on an adjacent lot. Seward City Code (SSC) provides that the Planning and
Zoning Commission shall hold a public hearing and forward written recommendations to the City
Council before the Council amends or repeals any land use regulations, or changes zoning or land
use boundaries.
Administration supports and recommends the following code change (Strikethroughs = deletions and
are bold, Underline = additions and are bold):
Seward City Code 15.10.140. — Definitions
(b) Specific definitions. In this chapter, unless otherwise provided or the context
otherwise requires:
Accessory building. A detached structure that:
(1 ) Is clearly incidental to and customarily found in connection with a principal
building or use;
(2) Is subordinate to and serves a principal building or use;
(3) Is subordinate in area, extent or purpose to the principal building or use
served;
(4) Contributes to the comfort, convenience or necessity of occupants, business or
industry in the principal building or use served; and
(5) Is located on the same or adjacent lot under the same ownership as the
principal building or use served.
An accessory building shall be considered to be a part of the main building when joined by a
common wall or connected by a breezeway to the main building. Accessory building means
any structure regardless of type of foundation or base support, including skid - mounted or
other moveable structures.
This code change would continue to subject accessory buildings to the development requirements in
the Seward City Code, but would remove the necessity for the property owner to vacate an interior
lot line before constructing an accessory building on an adjacent lot under their ownership. Some
examples of Seward Code requirements that would continue to be reviewed for compliance are:
setbacks; use; allowed only in conjunction with a primary structure and use; building codes; fire
codes; and height restrictions.
Allowing the construction of accessory buildings on an adjacent lot under the same ownership may
promote additional orderly development in Seward by removing a financial and process barrier for
both residential and commercial improvement. The construction of accessory buildings on an
adjacent lot may provide additional benefit for the general welfare of Seward's residents. Property
values could potentially rise with additional development and businesses might be encouraged to
expand their facilities.
Basic research of other municipal codes across the nation shows a mix of community codes. I was
unable to discover a clear preference nationally for either the practice currently required in our code
vs. the option before you tonight. Locally, Anchorage and other Kenai Peninsula Borough
Communities that have adopted a Zoning Code only allow accessory buildings on the same lot as the
principle building or use served.
INTENT: This Ordinance will allow for the construction of accessory buildings on an adjacent lot
under the same ownership.
CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward
City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of
Procedures.
FISCAL NOTE: None. ,/� �
Approved by Finance Department: or
ATTORNEY REVIEW: YES X No
RECOMMENDATION:
Council enact Ordinance 2010 - , to allow accessory buildings on adjacent lots of the principal
building or use served.
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