Loading...
HomeMy WebLinkAboutRes2024-013 1702 Resurrection Blvd Variance - FAILEDSponsored by: Applicant Public Hearing: June 4, 2024 Failed I CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-013 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OE 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 Cemiglia, 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. I I PLANNING AND ZONING COMMISSION RESOLUTION 2024-013 Page 2 of 4 I 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 requiredfor a conditional use permit; which are: 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 eonvenient to residents of such a district.” A. 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. I 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 eommunity values.” Vol 1 - 3.3.1 “Encourage development of new housing in Seward.” Vol 1 - 3.3.1.1 “Support a range of housing ehoices 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 applieant purchased the property. The garage was previously used as a glass blowing studio by the applieant’s deceased husband. I PLANNING AND ZONING COMMISSION RESOLUTION 2024-013 Page 3 of 4I 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 eonstrueted at different times over 50 years apart. Neither the garage nor the house were eonstrueted by the applicant. There is a small feneed in backyard between the home and the garage gets limited sun, which would be even more limited with the eonstruction of a covered breezeway. The applicant is also concerned that the eonstruetion 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 eaused by the aetions of the applieant. The house was built in 1954 with only a earport. In 2006, the owner of the home eonstrueted a detached garage on the east side of the property. The applicant purchased the property after all these improvements had been eonstrueted.I Financial hardship or inconvenience shall not be a reason for granting a variance. Finding: The applicant has stated that the eonstruction of a breezeway connecting the home and garage would negatively impaet the use and enjoyment of their backyard and risk negatively impacting the value of the home. 4) 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 varianee applieation. The surrounding properties with garages, have them attaehed to the respeetive dwelling units. Two known homes within the surrounding neighborhoods have eonstrueted aeeessory apartments and were required to eonstruet a breezeway to connect the accessory apartment to the single-family dwelling. 5) 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 varianee from the requirement to have an aeeessory apartment within or sharing a wall with a single-family dwelling unit. All other development and building requirements will be met. 6) I 7)A variance shall not be granted which will permit a land use in a district which that use is otherwise prohibited. PLANNING AND ZONING COMMISSION RESOLUTION 2024-013 Page 4 of 4 I 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 Cemiglia 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 4* day of June, I2024. THE CITY OF SEWARD, ALASKA Failed Carol Griswold, Chair AYES; NOES: ABSENT: ABSTAIN: VACANT: Verhey Hubbard, Homseth, Griswold Charbonneau, Ulman None One ATTEST: Kris Peck City Clerk I(City Seal) 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