HomeMy WebLinkAboutRes2022-014 Sponsored by: Applicant
Public Hearing: June 7, 2022
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2022-014
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE
PERMIT TO DWAYNE AND KARI ATWOOD TO CONSTRUCT A
SINGLE-FAMILY DWELLING ON LOT 18, BLOCK 14, ORIGINAL
TOWNSITE OF SEWARD; LOCATED AT 305 THIRD AVE; WITHIN A
CENTRAL BUSINESS (CB) ZONING DISTRICT
WHEREAS,Dwayne and Kari Atwood have applied for a Conditional Use Permit(CUP)
from the Seward Planning and Zoning Commission to construct a single-family dwelling at 305
Third Avenue, Lot 18, Block 14, Original Townsite of Seward; and
WHEREAS,the property is in a Central Business (CB)Zoning District; and
WHEREAS,Seward City Code, 15.10.140 Definitions states that a single-family dwelling
is "a building designed and/or used exclusively for occupancy of one family and entirely
surrounded by open space on the same lot;"and
WHEREAS,the intended use of this structure is to house one family; and
WHEREAS, the lower and upper living spaces are not totally separated from each other
by an unpierced wall,which is the definition for a two-family/duplex dwelling; and
WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.226. a
single-family dwelling is allowed in the Central Business (CB)Zoning District as a conditionally
permitted use; and
WHEREAS, the applicant has complied with all of the public hearing requirements of
Seward City Code §15.01.040;
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. According to SCC 15.10.320.D., the Commission shall establish a finding that
the use satisfies the following conditions prior to granting a conditional use permit:
A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and
the purposes of the zoning district.
Finding: The Land Use Table in City Code §15.10.226 allows single family dwellings
to be constructed in a Central Business Zoning District with an approved Conditional
Use Permit.
Seward Planning and Zoning Commission
Resolution No. 2022-014
Page 2 of 4
B. The value of adjoining property will not be significantly impaired.
Finding: Prior to this proposed construction,a single-family dwelling has been on this
property for many years. Therefore,the use is not changing,and the value of adjoining
properties should only increase with the new construction.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: This condition has been met. The proposal is in harmony with the Seward
2030 Comprehensive Plan(2017)and Strategic Plan(1999)
Seward Comprehensive Plan (approved by Council,May 30,2017)
Vol 1, Chapter 3.2.1 — "Promote residential and commercial development within
the City of Seward and its vicinity in accordance with community values."
Vol 1, Chapter 3.3.1 —"Encourage development of new housing in Seward."
Vol 1, Chapter 3.3.1.1 — "Support a range of housing choices that meet the needs
of people in various income and age groups."
Strategic Plan (1999)
Promote Residential and Commercial Development Inside the City(Page 9-10)
• Encourage construction of residential and seasonal housing at all market
levels
Expand availability of affordable, diverse,year-round housing(Page 18)
D. Public Services and facilities are adequate to serve the proposed use.
Finding: This condition has been met. The property is served by existing public
utilities.Adequate fire,police,and trash services are available.There is sidewalk access
in the front and driveway/parking area in the rear(alley).
E. The proposed use will not be harmful to the public safety, health or welfare.
Finding: The home will be built according to current fire and safety codes. Adequate
parking will be provided on site.The proposed use as a single-family dwelling will not
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 related to the proposed use.
Seward Planning and Zoning Commission
Resolution No. 2022-014
Page 3 of 4
Based on the above findings and conclusions, approval of the CUP shall be subject to the
following conditions:
1. The owner of the property must update the structure of the building to meet locally adopted
fire and Life Safety Codes for a duplex if two separate families are ever occupying this
structure.
2. The building shall meet all locally adopted fire and Life Safety Codes prior to construction
and use.
3. Any changes to the building shall be approved by the Fire and Building Department
utilizing a building permit as needed.
4. The applicant shall work with City Public Works and Electric Departments for any possible
upgrades or connections to the water, sewer and/or electric utilities.
5. All parking and maneuverability requirements as determined by the Planning and Zoning
Commission shall remain on site for the life of the use.
6. Bear-proof/ bird resistant containers shall be provided for all garbage and refuse for the
life of the use.
7. Per Seward City Code §15.10.325(0. an approved CUP shall lapse six months from the
date of approval if the use for which the permit was issued has not been implemented or a
building permit obtained. The Commission may grant a six-month extension upon finding
that circumstances have not changed sufficiently since the date of initial permit approval.
8. Modification of final approval of a conditional use permit may, upon application by the
permitee,be modified by the Planning and Zoning Commission:
a. When changed conditions cause the conditional use to no longer conform to the
standards for its approval.
b. To implement a different development plan conforming to the standards for its
approval.
c. The modification plan shall be subject to a public hearing and a filing fee set by
City Council Resolution.
Section 2. The Planning and Zoning Commission finds that the proposed use, subject to
the above conditions satisfies the criteria for granting a conditional use permit provided the
conditions listed on Section 1, Subsections A through F are met by the applicant, and authorizes
the administration to issue a conditional use permit to Dwayne and Kari Atwood to construct a
single-family dwelling at 305 Third Ave,Original Townsite of Seward, Lot 18, Block 14.
Section 3. The Planning and Zoning Commission finds that adherence to the conditions
of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320:
Conditional Use Permits, and authorizes the administration to issue a conditional use permit.
Additionally,the administration shall periodically confirm the use conforms to the standards of its
approval.
Seward Planning and Zoning Commission
Resolution No. 2022-014
Page 4 of 4
Section 4. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th
day of June,2022.
TH ITY OF SEWARD, ALASKA
are Sullivan, hair
AYES: Staggs, Monaco, Verhey, Sullivan
NOES: None
ABSENT: Charbonneau, Hornseth
ABSTAIN: None
VACANT: One
ATTEST:
renda Ba lou, C
City Clerk
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