Loading...
HomeMy WebLinkAbout06042024 Planning & Zoning PacketRegular Meeting Tuesday, June 4, 2024 Council Chambers, City Hall 7:00 p.m. Planning & Zoning Commission Meeting Packet Planning & Zoning Commission Meeting Agenda June 4, 2024 1 | Page The City of Seward, Alaska PLANNING & ZONING COMMISION MEETING AGENDA City Council Chambers, 410 Adams Street Please silence all cell phones and devices during the meeting Chair Carol Griswold Vice Chair Brenan Hornseth Commissioner Nathaniel Charbonneau Commissioner Vanessa Verhey Commissioner Sean Ulman Commissioner Rhonda Hubbard Vacant Seat Community Development Director Daniel Meuninck City Planner Courtney Bringhurst Executive Assistant Clara Brown City Clerk Kris Peck June 4, 2024 at 7:00 p.m. 1.CALL TO ORDER 2.PLEDGE OF ALLEGIANCE 3.ROLL CALL 4.CITIZEN 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 3 minutes per speaker and 36 minutes total time for this agenda item.) 5.APPROVAL OF AGENDA AND CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed under Item 7. Consent Agenda items are not considered separately unless a commissioner requests. In the event of such a request, the item is returned to the Regular Agenda. Marked with *.) 6.SPECIAL ORDERS, PRESENTATIONS, AND REPORTS A.Proclamations and Awards - None B.City Administration Report C.Other Reports and Announcements - None D.Presentations (Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per meeting unless increased by the commission.) - None 7.CONSENT AGENDA A.Minutes of Preceding Meeting 1)* Approve May 7, 2024 Planning & Zoning Commission Meeting Minutes…………...3 8.PUBLIC HEARINGS (Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.) A.Resolutions Requiring Public Hearing Planning & Zoning Commission Meeting Agenda June 4, 2024 2 | Page 1) Resolution 2024-013, of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Variance from Seward City Code 15.10.140(B)(31)(c) to Denise Cerniglia to construct an accessory apartment in a garage that is not attached to the primary dwelling unit on Lot 16A, Clearview Subdivision, Replat No. 1, Located at 1702 Resurrection Blvd; Within a Two-Family Residential (R2) Zoning District.......8 9.UNFINISHED BUSINESS A.Resolutions - None 10.NEW BUSINESS A.Resolutions - None B.Other New Business 1)Recommendation to direct staff to bring the flooding of properties south of Dieckgraeff Road and proposed solutions to City Council as a discussion item.........32 2)Discuss work session topic for June 18, 2024. 11.INFORMATIONAL ITEMS AND REPORTS (No action required.) A.Reminder of Meetings 1)Work session on June 18, 2024 at 6:00 pm. 2)Regular meeting on July 2, 2024 at 7:00 pm. B.Other Items 12.CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.) 13.COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS 14.ADJOURNMENT City of Seward, Alaska Planning & Zoning Commission Meeting Minutes May 7, 2024 Volume 8, Page CALL TO ORDER The May 7, 2024, regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Carol Griswold. OPENING CEREMONY Chair Griswold led the Pledge of Allegiance to the flag. ROLL CALL There were present: Carol Griswold presiding, and Brenan Hornseth Nathaniel Charbonneau Vanessa Verhey Sean Ulman Rhonda Hubbard Comprising a quorum of the Commission; and Danny Meuninck, Community Development Director Courtney Bringhurst, City Planner Clara Brown, Executive Assistant Kris Peck, City Clerk Jodi Kurtz, Deputy City Clerk Excused – Verhey, Ulman Absent – None Vacancies- One CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING – None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Hornseth) Approval of Agenda and Consent Agenda Griswold requested that Resolution 2024-012 be moved to the top of the public hearing items. Motion as Amended Passed Unanimous The clerk read the following approved consent agenda items: Approval of the April 2, 2024, Planning and Zoning Commission Meeting Minutes 3 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes May 7, 2024 Volume 8, Page SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards – None City Administration Report Community Development Director Danny Meuninck summarized the results from the recent city council meeting that were relevant to the Planning & Zoning Commission. He said the council discussion of the signage of the Mount Marathon hiking trailhead would be continued at the next council meeting. Meuninck announced there would be a workshop at the community library on Thursday to structure a safety action plan. Lastly, Meuninck mentioned the Community Development staff was participating in the Virtual National Planning Conference this week. Other Reports and Announcements – None Presentations Passenger Dock Project and Other Port Improvements by The Seward Company and Alaska Railroad Corporation PUBLIC HEARINGS Resolution 2024-012, of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to OLV LLC to Construct and Operate a Camper Park on The Point Subdivision Tract A, That Point There of Lying Within the Seward City Limits, Located at 1823 Nash Road; Within an Industrial (I) Zoning District Motion (Charbonneau/Hubbard) Approve Resolution 2024-012 City Planner Courtney Bringhurst referred to a packet that showed the property map of the proposed camper park. A requirement of operating this camper park was obtaining a Conditional Use Permit. Current requirements were recommended for the CUP and access roads would be maintained for emergency vehicles. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Motion (Charbonneau/Hornseth) Approve Substitute Resolution 2024-012 Provided as a Laydown Fire Chief Clinton Crites discussed emergency access with the commission and he supported the camper park layout as provided in the application. 4 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes May 7, 2024 Volume 8, Page The Substitute Resolution 2024-012 was amended to strike Condition 5: 5. A buffer of at least 10’ shall be maintained along the floodway of Sawmill Creek, where no encroachments or development will be allowed to protect the native vegetation which stabilizes the bank and provides essential fish and wildlife habitat Main Motion as Amended Passed Unanimous Resolution 2024-010, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending the City Council Amend Seward City Code 15.10.226 – Land Uses Allowed Table, Prohibiting Cluster Subdivisions in all Zoning Districts Motion (Charbonneau/Hornseth) Approve Resolution 2024-010 Bringhurst explained what a cluster subdivision entailed and how the commission had previously discussed the negative impacts of a cluster subdivision. Bringhurst said this resolution proposed to amend the land use table for cluster subdivision. She also noted there were no cluster subdivisions in the City of Seward at this time. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Charbonneau said the commission discussed cluster subdivisions during their previous work session and concluded that the commission didn’t want to see the small sized lots in Seward. Resolution 2024-10 was amended to include a new WHEREAS in spot #6 that read: “WHEREAS, currently there are no cluster subdivision in the city; and” Main Motion as Amended Passed Unanimous Resolution 2024-011, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council approval of a horizontal layout for the printed version of the official Seward Zoning Map, which will display all zoned lands within the Seward City limits. Motion (Hubbard/Charbonneau) Approve Resolution 2024-011 Bringhurst clarified the zoning would not be changed, but rather the layout of the map itself. She said it was important to have zoning map that included the entire city limits and was in a horizontal layout. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Charbonneau said he liked the revisions and felt the new map was a vast improvement. 5 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes May 7, 2024 Volume 8, Page The third WHEREAS was amended to include “and uses different scales” so it would read: “WHEREAS, the current printed version of the official land use and zoning map is included and is displayed in vertical format, does not show the entire city limits, and uses different scales; and” The sixth WHEREAS was amended to include “and uses a uniform scale” so it would read: WHEREAS, the new proposed layout is a horizontal layout, rather than vertical, which will include the entire city limits, and uses a uniform scale; and Main Motion as Amended Passed Unanimous UNFINISHED BUSINESS NEW BUSINESS Other New Business Items Reschedule Upcoming Planning & Zoning Meeting Dates The Planning and Zoning Commission approved the following changes to the meeting dates to accommodate the Tuesday elections in 2024: Schedule conflict with Tuesday, August 20, 2024 Work Session Solution: move the Work Session location to the library community room. Schedule conflict with Tuesday, October 1, 2024 Regular Meeting Solution: Shift the P&Z regular meeting in October to Tuesday, October 8, 2024 and the Work Session would be held on Tuesday, October 22. Schedule conflict with Tuesday, November 5, 2024 Regular Meeting Solution: Reschedule to a double-header on Tuesday November 19, 2024 with a Work Session at 5:30 p.m. and the Regular Meeting to follow at 7:00 pm. Discuss Work Session Topics For May 21, 2024 The commission prioritized the following topics for the May 21, 2024 Work Session: Hazard Mitigation P&Z Rules of Procedure Flood Mitigation Generator Use for Transient Vendors INFORMATIONAL ITEMS AND REPORTS Reminder of Meetings 6 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes May 7, 2024 Volume 8, Page Work session on May 21, 2024, at 6:00 p.m. Regular meeting on June 4, 2024, at 7:00 p.m. CITIZEN COMMENTS – None COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS Charbonneau thanked the presenters, city administration, and the public. Hornseth thanked the public for attending and city administration for their hard work. Hubbard said she was new and trying to bring herself up to speed. She appreciated the presentation on the railroad dock project. Griswold thanked Christy Terry and all the presenters for sharing the update on the railroad dock. She also thanked the public, Community Development, the P&Z Commission, the City Clerk and the Deputy City Clerk. Meuninck thanked the commission for their work. He mentioned the two rezones that were recently approved at council meeting marked his first start-to-finish projects as Community Development Director. One of the rezones was changing the Mt. Marathon trailhead from Residential to Park zoning. He felt that type of work was important, and it was rewarding to see the long-term effects. Meuninck said he had been learning a lot in his new position and was looking forward to tackling more issues. Bringhurst thanked the commission for the engagement and support. ADJOURNMENT The meeting was adjourned at 9:00 p.m. _________________________ _________________________________ Jodi Kurtz Carol Griswold Deputy City Clerk Chair (City Seal) 7 Planning and Zoning Agenda Statement Meeting Date: June 4, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Subject: Resolution 2024-013: Granting a Variance from Seward City Code 15.10.140(B)(31)(c) to Denise Cerniglia to construct an accessory apartment in a garage that is not attached to the primary dwelling unit on Lot 16A, Clearview Subdivision, Replat No. 1, Located at 1702 Resurrection Blvd; Within a Two-Family Residential (R2) Zoning District Background and justification: A building permit was submitted on April 15, 2024 for the construction of an accessory apartment in a garage located at 1702 Resurrection Blvd. Community Development is always part of the review process for building permits to verify that the proposed projects meet the development requirements and the allowed uses as specified in city code. The property located at 1702 Resurrection Blvd is within a two-family residential zoning district, and accessory apartments are allowed in this district. However, SCC 15.10.140(B) definitions #31(c) apartment, efficiency/accessory states that an accessory apartment is “a single separate dwelling unit consisting of not more than on habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single-family dwelling.” Accessory apartments are required to be part of the main dwelling unit to maintain the low- density character of residential zoning districts and to discourage properties from abusing the use of accessory apartments for additional dwelling units, which would thus increase density in neighborhoods that are intended for low-density, single-family dwellings. Further review of the building permit application identified that the garage was not attached to the single-family dwelling located on the property. This would prohibit the use of the garage for an accessory dwelling unit. However, SCC 15.10.140(B) definitions #1 accessory building states that “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.” A breezeway is not defined in our code, but is generally defined as a roofed outdoor passage connecting two structures. The building contractor and property owner were informed that in order to convert a portion of the garage into an accessory apartment, a breezeway would need to be constructed to attach the garage to the home. The property owner had concerns that this requirement would negatively affect their property and requested to visit with Community Development staff regarding the 8 situation. Community Development staff informed the property owner that there was a variance provision in Title 15 that allowed them to request a relaxation of development requirements in Title 15 from the Planning and Zoning Commission if the “literal enforcement of (Title 15) would deprive the property owner of the reasonable use of their property. Surrounding Land Use and Zoning: Development Requirements: The height and footprint of the current structure on the property will not be changing, and is compliant with setbacks, height, and square footage requirements in city code. Efficiency or accessory apartments in city code are defined as “a single separate dwelling unit consisting of not more than one habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single-family dwelling.” Surrounding Land Use: The surrounding properties are all zoned two-family residential and are primarily single-family dwellings. Floodplain Status: The property is not located within a FEMA mapped flood zone. Utilities: The garage is already connected to city water, sewer, and electricity. Parking: One off-street parking will be required for the accessory apartment in addition to the two parking spaces required for the single-family dwelling, per city code 15.10.215. Only a portion of the garage will be converted into a dwelling unit, leaving space for two vehicles to park in the garage and one vehicle to park in the carport located in the front of the home. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1 - 3.2.1 “Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values.” Vol 1 – 3.3.1 “Encourage development of new housing in Seward.” Vol 1 – 3.3.1.1 “Support a range of housing choices that meets the needs of people in various income and age groups.” Strategic Plan: N/A Other: Staff Comments Department Comments No Comment N/A Building Department The building inspector is concerned that approving this variance will provide an easy avenue for individuals circumvent code and convert detached garages or other structures into short term rentals. 9 Fire Department The Chief is concerned that approving this variance would set a precedent, encouraging detached apartments to be built in residential neighborhoods intended for lower density housing. Public Works Department Wanted to know if water and sewer were already connected to the property. Harbor Department X Police Department X Electric Department An updated load calculation on the building permit would be beneficial Parks and Recreation X Telecommunications X Public Comment Property owners within three hundred (300) feet of the proposed Variance were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication the Community Development Department has not received public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation Seward City Code 15.10.325 allows the Planning and Zoning Commission to grant variances “when the literal enforcement of this chapter (Title 15) would deprive a property owner of the reasonable use of his/her property. The variance request has met the application requirements, and the Commission has authority to grant this variance if there are sufficient findings to support the conditions listed in the review criteria (SCC 15.10.325(D)). 10 Sponsored by: Applicant Public Hearing: June 4, 2024 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-013 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A VARIANCE FROM SEWARD CITY CODE 15.10.140(B)(31)(c) TO DENISE CERNIGLIA TO CONSTRUCT AN ACCESSORY APARTMENT IN A GARAGE THAT IS NOT ATTACHED TO THE PRIMARY DWELLING UNIT ON LOT 16A, CLEARVIEW SUBDIVISION, REPLAT NO. 1, LOCATED AT 1702 RESURRECTION BLVD; WITHIN A TWO-FAMILY RESIDENTIAL (R2) ZONING DISTRICT WHEREAS, Denise Cerniglia, the property owner of 1702 Resurrection Blvd has submitted a variance application to the Planning and Zoning Commission to construct an accessory apartment in a detached garage located on their property; and WHEREAS, Seward city code (SCC) 15.10.140(B)(31)(c) states that an accessory apartment is “a single separate dwelling unit consisting of not more than on habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single-family dwelling.”; and WHEREAS, the garage in which the applicant wishes to build an accessory apartment is not located within, nor does it share a common wall with a single-family dwelling; and WHEREAS, SCC 15.10.140(B)(1) states that “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”; and WHEREAS, the property owner was informed that an accessory apartment may be constructed in the garage if a breezeway were also constructed to connect the garage and the single- family dwelling; and WHEREAS, the property owner felt that this requirement would negatively impact the use of their property and the structures; and WHEREAS, SCC 15.10.325(A) states that an individual may apply for a variance “when the literal enforcement of this chapter would deprive a property owner of the reasonable use of their property; and WHEREAS, the public notice requirements as set forth in SCC 15.01.040 have been met. 11 PLANNING AND ZONING COMMISSION RESOLUTION 2024-013 Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, that: Section 1. According to SCC 15.10.325.D., the Commission shall establish a finding that the use satisfies the following conditions prior to granting a variance: 1)The use is consistent with all of the general conditions required for a conditional use permit; which are: A.The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: This condition has been met. According to the Land Use Allowed Table, §15.10.226, an accessory apartment is allowed within a two-family residential (R2) zoning district outright. The purpose of a two-family residential zoning district is “medium density (one to seven dwelling units per acre) transitional housing area with a mix of single and two-family units, free from other uses except those which are both compatible and convenient to residents of such a district.” B.The value of adjoining property will not be significantly impaired. Finding: This condition has been met. Granting a variance from the requirement to attach the garage to the single-family home with a covered breezeway, will not impair the value of the adjoining properties. 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. Seward Comprehensive Plan (approved by Council, May 30, 2017) Vol 1 - 3.2.1 “Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values.” Vol 1 – 3.3.1 “Encourage development of new housing in Seward.” Vol 1 – 3.3.1.1 “Support a range of housing choices that meets the needs of people in various income and age groups.” D.Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. City water, sewer, and electricity were already connected to the garage before the applicant purchased the property. The garage was previously used as a glass blowing studio by the applicant’s deceased husband. 12 PLANNING AND ZONING COMMISSION RESOLUTION 2024-013 Page 3 of 4 E.The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. All construction will abide by the International Fire and Building Code. 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. Finding: The house and the garage were constructed at different times over 50 years apart. Neither the garage nor the house were constructed by the applicant. There is a small fenced in backyard between the home and the garage gets limited sun, which would be even more limited with the construction of a covered breezeway. The applicant is also concerned that the construction of the breezeway will negatively impact the value of the home. 3)The special conditions and circumstances have not been caused by actions of the applicant. Finding: The special conditions and circumstances have not been caused by the actions of the applicant. The house was built in 1954 with only a carport. In 2006, the owner of the home constructed a detached garage on the east side of the property. The applicant purchased the property after all these improvements had been constructed. 4) Financial hardship or inconvenience shall not be a reason for granting a variance. Finding: The applicant has stated that the construction of a breezeway connecting the home and garage would negatively impact the use and enjoyment of their backyard and risk negatively impacting the value of the home. 5)Other nonconforming land use or structures shall not be a reason for granting a variance. Finding: Other nonconforming land uses or structures are not reasons for this variance application. The surrounding properties with garages, have them attached to the respective dwelling units. Two known homes within the surrounding neighborhoods have constructed accessory apartments and were required to construct a breezeway to connect the accessory apartment to the single-family dwelling. 6)A variance shall be the minimum variance necessary to permit the reasonable use of the land or structure. Finding: The applicant is only requesting a variance from the requirement to have an accessory apartment within or sharing a wall with a single-family dwelling unit. All other development and building requirements will be met. 7)A variance shall not be granted which will permit a land use in a district which that use is otherwise prohibited. 13 PLANNING AND ZONING COMMISSION RESOLUTION 2024-013 Page 4 of 4 Finding: This variance does not permit a land use in a district in which that use is otherwise prohibited. An accessory apartment is allowed outright in a two-family residential zoning district. Section 2. Per Seward City Code §15.10.325(f). an approved Variance 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. Section 3. The Planning and Zoning Commission finds that the proposed variance, subject to the above findings, satisfies the criteria for granting a variance to SCC 15.10.140 (B)(31)(c) and authorizes administration to issue a variance to Denise Cerniglia to construct an accessory apartment in a garage that is not attached to the primary dwelling unit at 1702 Resurrection Blvd, Lot 16A, Clearview Subdivision, Replat No. 1. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Planning and Zoning Commission this 4th day of June, 2024. THE CITY OF SEWARD, ALASKA Carol Griswold, Chair AY ES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 14 Variance Application Property Map RES 2024-013 - Granting a variance from SCC 15.10.140(B)(31)(c) in order for the property owner to construct an accessory apartment in a garage that is not attached to the primary dwelling unit Location: 1702 Resurrection Blvd Parcel #: 14510127 Context Map 200 feet Single-family Residential Auto Commercial Resource Management Key Two-family Residential Multi-family Residential 15 Review Criteria . The use is consistent with the purpose of the Zoning Code and the purposes of the zoning. . The value of the adjoining property will not be significantly impaired. . The proposed use is in harmony with the Seward Comprehensive Plan . Public services and faciliites are adequate to serve the proposed use . The proposed use will not be harmful to the public safety, health, or welfare. . 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 . The special conditions and circumstances have not been caused by actions of the applicant . Financial harship or inconvenience shall not be a reason for granting a variance . Other nonconforming land use or structures within the district shall not be considered grounds for granting a variance. . A variance shall be the minimum variance necessary to permit the reasonable use of the land or structure Applicant Information Applicant Name* Denise Cerniglia Mailing Address* PO Box 2714 Email* denisecerniglia@yahoo.com Phone * 907-422-7214 Contractor's City of Seward Business License #* Applicant is not a contractor Alaska Business License #* Applicant does not have business license Contractor's License # Applicant does not have contractor's license Is the applicant also the contractor?* No 5/21/24, 12:42 PM ZV-24-1 https://sewardak.workflow.opengov.com/#/explore/records/3032/react-form-details/3032 2/12 16 Contractor Name* Michael Nichols Construction Contractor's Mailing Address* 13425 Seward Highway, Seward, AK 99664 Contractor's Email* unknown Contractor's Phone* 907-202-1869 Property Information Size of Property* 0.22 acres KPB Parcel Number* 14510127 Street Address* 1702 Resurrection Blvd Zoning District* Two-family Residential (R2) Zoning District: https://seward.maps.arcgis.com/apps/webappviewer/index.html? id=56d3e72bc65040a0a4fb459b15504b01 Legal Description of Property* Lot 16A.Subdivision Clearview The legal description of a property and the KPB Parcel number can be found at this link: https://gis.kpb.us/map/index.html?viewer=basic Click on the icon four from the left that looks like a pin and says "find parcel by address" when you hover your mouse over it. Type in your address and press "enter". Click on your parcel. A white box with information in it should appear on your screen. The parcel ID number is at the top.The Legal name of the property is in the middle under the heading, "Legal:" 5/21/24, 12:42 PM ZV-24-1 https://sewardak.workflow.opengov.com/#/explore/records/3032/react-form-details/3032 3/12 17 Variance Request Applicant seeks a variance from the following general requirements in Seward City Code:* 15.10.140(B)(31)(c) "an accessory apartment is a single separate dwelling unit consisting of not more than one habitable room which includes combined kitchen,dining,and sleeping areas with accompanying sanitary facilities,and which is located within or shares a common wall with a single-family dwelling." Seward City Code Title 15 https://library.municode.com/ak/seward/codes/code_of_ordinances? nodeId=CD_ORD_TIT15PLLAUSRE Describe what the existing situation is:* Historic home built in 1954 is attached by privacy fence on all sides to newly built garage (2006). Granting this variance would permit:* Owner would be exempt from having to build a breezeway to connect the two buildings.The garage was formerly a glass blowing studio of owner's deceased husband.Owner is building an apartment in the garage to provide long term housing for seward residents. What structures are located on the property:* Original house built in 1954 (1,154 sq ft).Garage built in 2006 (roughly 1,200 sq ft).The buildings are connected by privacy fence that encloses 12 ft wide courtyard between the two buildings. What is the existing use of the property:* Owner lives in the home and the garage is being renovated to provide long term housing for Seward resident 5/21/24, 12:42 PM ZV-24-1 https://sewardak.workflow.opengov.com/#/explore/records/3032/react-form-details/3032 4/12 18 What is the proposed use of the property:* Owner will live in home and rent out new apartment to provide long term housing. What is your development time schedule:* Construction of garage apartment should be complete in early July Required Conditions 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: The use is consistent with the purpose of the City of Seward Zoning Code and the purposes of the zoning* State why:* Code says that the buildings must be connected by a common wall or breezeway.The house and garage are currently connected by full privacy fence. The value of the adjoining property will not be significantly impaired* State why:* The adjoining property value will not be significantly impaired 5/21/24, 12:42 PM ZV-24-1 https://sewardak.workflow.opengov.com/#/explore/records/3032/react-form-details/3032 5/12 19 The proposed use is in harmony with the Seward Comprehensive Plan* State which sections of the Comprehensive Plan with which the proposed use is in harmony:* The Seward Comprehensive plan includes languague about promoting an attractive community appearance as well as pride in downtown historic district and historical surrounding areas.The plan also encourages historic conservation and preservation within our city,as well as supporting home businesses and expanding affordable housing for year round residents.Building a breezeway or an additional common wall to connect a 1954 historic building to a newly constructed garage (2006) would have a negative impact the historic integrity of my home.I am asking for exemption primarily due to this reason. The two buildings are already connected by a full privacy fence on all sides. Seward Comprehensive Plan: https://www.cityofseward.us/home/showpublisheddocument/60/637001929598130000 Public services and facilities are adequate to serve the proposed use* State why: public services and facilities are adequat to serve the proposed use. The proposed use will not be harmful to the public safety, health or welfare* State why:* There are no implications to public safety,health or welfare.In fact,building this long term housing will improve public welfare by providng long term housing which is desperately needed in this community. 5/21/24, 12:42 PM ZV-24-1 https://sewardak.workflow.opengov.com/#/explore/records/3032/react-form-details/3032 6/12 20 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. State conditions below. Special conditions and circumstances:* Construction of an additional breezeway to connect the two buildings would negatively impact the value of the home. It would essentailly be connecting a historic building to a non-historic building. Furthremore, the enclosed courtyard is 12 feet wide and the breezeway would entirely cover my small backyard and be a poor selling point if I should have to sell my house. 3) The special conditions and circumstances have not been caused by actions of the applicant. State reasons here:* The applicant has not caused any special circumstances related to this request. The house was built in 1954 and the garage was built in 2006,a decade before the owner purchased the property. 4) Financial hardship or inconvenience shall not be a reason for granting a variance. State reasons here:* Financial reasons are not driving this request.The request is being driven by the negative impacts that this breezeway constrcution would have on the historic integrity of my home. 5) Other non-conforming land use or structures within the district shall not be considered grounds for granting a variance. 5/21/24, 12:42 PM ZV-24-1 https://sewardak.workflow.opengov.com/#/explore/records/3032/react-form-details/3032 7/12 21 State reasons here:* This situation is unique and will not draw upon other non-conforming land use/structure decisions. 6) The variance granted is the minimum variance that will make possible a reasonable use of the land, building or structure. State reasons here:* The buildings are already connected by a full privacy fence,which I am asking to be considered as connecting the two buildings.A breezeway would completely block any views and sun from my 12 ft wide backyard.Most importantly,this house was built before Alaska even became a state.Building a breezeway would change the historic integrity of this home entirely and would have negative impact on resale value of my home. 7) Granting the variance will not permit a use that is not otherwise permitted in the district in which the property lies. State reasons here:* This is understood. Required Documents Site Plan*As-Built Survey Other No File Uploaded Other No File Uploaded IMG_3085.jpeg As-Built_1702 Resurrection Bl vd.pdf 5/21/24, 12:42 PM ZV-24-1 https://sewardak.workflow.opengov.com/#/explore/records/3032/react-form-details/3032 8/12 22 Site plan should include: property dimensions location and dimensions of existing and/or planned buildings parking configuration driveways/access natural features other pertinent information Declaration Page I have the following legal interest in the property:* Owner of record I hereby certify that all statements and other information submitted are true and accurate to the best of my knowledge, 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. Signature* Denise Marie Cerniglia May 17, 2024 The applicant is advised that issuance of this permit will not relieve responsibility of the owner or owner's agents to comply with the provisions of all laws and ordinances, including federal, state, and local jurisdictions, which regulate construction and performance of construction, or with any private deed restrictions. Attachments DJI_0429.jpeg Uploaded by Denise Cerniglia on May 17, 2024 at 11:29 AM DJI_0429.jpeg 5/21/24, 12:42 PM ZV-24-1 https://sewardak.workflow.opengov.com/#/explore/records/3032/react-form-details/3032 9/12 23 24 25 26 RES 2024-013 Variance to construct an accessory apartment in a detached garage 27 RES 2024-013 Variance to construct an accessory apartment in a detached garage 28 RES 2024-013 Variance to construct an accessory apartment in a detached garage 29 RES 2024-013 Variance to construct an accessory apartment in a detached garage 30 RES 2024-013 Variance to construct an accessory apartment in a detached garage 31 Planning and Zoning Agenda Statement Meeting Date: June 4, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Subject: Recommendation to direct staff to bring the flooding of properties south of Dieckgraeff Road and proposed solutions to City Council as a discussion item Background and justification: On May 21, 2024, the Planning and Zoning Commission held a work session to discuss the Hazard Mitigation plan update being conducted by the Borough and the Scheffler Creek flooding mitigation report that was completed by AWR Engineering. Due to the nature of these discussion items pertaining to flood mitigation, a community member who owns property located in the northeast corner of the Forest Acres Subdivision came to the work session and presented the challenges they were facing with flooding on their property that have become an issue ever since the construction of Dieckgraeff Road. Nick Chapman, the Service Area Program Manager for the Seward-Bear Creek Flood Service Area, walked the site with the property owner and took elevations of key areas to assess what may be causing the flooding and determine possible solutions. There is an attached graphic to this agenda statement showing the respective elevations that were taken. On the graphic, the orange point numbered 1014 is the top of the basement wall. Point 1013 is the start of the lawn and roughly the elevation of the sump pump in the basement. The crown of Dieckgraeff Road is at 1016 and the bottom of the current ditch along Dieckgraeff Road varies between 1003-1007. A proposed solution to solve the flooding issues on 2615 Birch Street and the surrounding properties is for the City to dig the ditch deeper along Dieckgraeff Road. The current elevations are slowing the drainage of water to the point that it collects on the properties and then floods the yards and homes. As part of the proposed solution, the property owners would also need to add fill in their backyards and raise them to the level of point 1013 elevation with a slight slope designed to direct the water towards drainage ditches. Deepening the ditch along Dieckgraeff Road and raising the elevation of the adjacent properties will increase the speed at which the water is able to drain away from the properties and alleviate the flooding issues. 32 Recommendation The Commission may motion to direct staff to bring this flooding issue and the proposed solution to City Council as a discussion item. This would allow the City Council the opportunity to take action on this issue or direct city staff to take action. 33 Flooding Mitigation Proposal Location Map Discussion item for the Planning and Zoning Commission to review flooding issues at 2615 Birch Street and surrounding properties and a proposed mitgation solution to be recommended to City Council for their review and discussion Context Map 200 feet 34 Elevation Graphic 2615 Birch St2615 Birch St 2614 Birch St2614 Birch St 2612 Birch St2612 Birch St 35 Ditching along Dieckgraeff Rd Legend Seward Bear Creek Flood Service Area Boundary KPB Offices BFE Base Flood Elevation Transportation Mileposts Roads Medium Collector Medium Volume - Unmaintained Medium Volume - Maintained Low / Seasonal Legal Trail Private State Hwy Platted / Proposed Parcels and PLSS Tax Parcels Landscape River Miles Imagery 3" Pictometry - All Years Red: Band_1 Green: Band_2 Blue: Band_3 9" Imagery Red: Red Green: Green Blue: Blue Red: Red Green: Green Blue: Blue Red: Red Green: Green Blue: Blue 0 300 600 ft NOTE: Every reasonable effort has been made to ensure the accuracy of these data. However, by accepting this material, you agree that the Kenai Peninsula Borough assumes no liability of any kind arising from the use of this data. The data are provided without warranty of any kind, either expressed or implied, including but not limited to time, money or goodwill arising from the use, operation or modification of the data. In using these data, you further agree to indemnify, defend, and hold harmless Kenai Peninsula Borough for any and all liability of any nature arising from the lack of accuracy or correctness of the data, or use of the data. 5/22/2024 8:20:54 AM Flooding Mitigation Proposal: 36