HomeMy WebLinkAbout04082025 Planning & Zoning Laydown - Community Development(AN DS
- Land Surveying —
April 8, 2025
City of Seward
Planning Commission
410 Adams St.
Seward, AK 99664
Subject: Preliminary Plat -Marathon Addition to Seward Townsite
Dear Commission Members of the City of Seward,
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PO Box 110485
Anchorage, AK 99515
(907) 744-LAND
aklands@aklands.com
http://aklands.com
AK Lands, Land Surveying is requesting approval to subdivide Lot 10 and Lot 6, Marathon Addition to
Seward Townsite, Plat No. 19, located at 206 Lowell Ct. and 204 Lowell Canyon Road, respectively. These
lots are zoned for single-family residential and urban district use, respectively, and border single-family
residential, urban residential, and Resource Management zoning. We are seeking to vacate right-of-way
and request an exception to KPB code 20.30.120.
Request for Right -of -Way Vacation
We are seeking to vacate the 50-foot right-of-way between Lot 10 and Lot 6. This right-of-way, Lowell
Ct., was originally platted in 1952. Since then, several subdivision plats have vacated portions of this
right-of-way. Notably:
• In 1979: Plat 79-8 vacated the middle section of the right-of-way. Please refer to the attached
plat for details.
• In 1997: The remaining section of Lowell Ct. right-of-way, from First Avenue to the original right-
of-way vacation, was vacated, leaving only a small 80-foot-long portion near the cul-de-sac. See
attached plat.
Our current proposal includes:
• Lot 10A: Will absorb half of the vacated Lowell Ct. right-of-way, approximately 25 feet by 80
feet. Lot 10A will continue to have access via the existing cul-de-sac on Lowell Ct.
• Lot 6A: Will absorb the remaining half of the vacated Lowell Ct. right-of-way, approximately 25
feet by 80 feet. Lot 6A will have access via Lowell Canyon Road, a fee simple thoroughfare
leading to a dead-end.
Responses to Required Criteria for KPB 20.65.050(D)
1. Is the right-of-way or public easement to be vacated currently in use?
o Answer: The right-of-way in question is not actively used, nor developed and terminates
at the rear of an existing apartment building.
2. Is a road impossible or impractical to construct, and has alternative access been provided?
o Answer: No actual road exists within the right-of-way. Lot 10 access is per Lowell Ct. and
Lot 6 access is either per Lowell Ct. or Lowell Canyon Rd.
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3. Is the surrounding area fully developed, with all planned or needed rights -of -way and utilities
constructed?
o Answer: Yes, although the surrounding area is not fully developed (Lot 6A is vacant with
the intent to develop), all planned or needed rights -of -ways and utilities are constructed.
4. Does the vacation of this public right-of-way affect access to a lake, river, or other public area
of interest? If so, is equal or superior access provided elsewhere?
o Answer: The right-of-way does not provide access to any waterbody or significant public
feature.
5. Would the proposed) vacation limit opportunities for interconnectivity with adjacent parcels
(whether developed or undeveloped)?
o Answer: No. Vacating this unused right-of-way will not hinder current or future
connectivity, as adjacent parcels are adequately served by existing roads and corridors.
6. Is there any other feasible public access (beyond general road use) for this right-of-way?
o Answer: None. Because it does not function as a path, trail, or other form of public
access, vacating the right-of-way will not adversely affect the public.
7. Are all existing and future utility requirements met?
o Answer: There are no utilities within the Right Of Way Vacation. There are other utility
easements to be dedicated or to remain in place to accommodate overhead power lines
and other utilities.
8. Are there any other relevant factors concerning the vacation application or the area proposed
to be vacated?
o Encroachment Resolution for Proposed Lot 10A: Vacating the right-of-way eliminates
an existing shed encroachment on the northern lot, improving compliance with property
boundaries.
o Further Development for Proposed Lot 6A: By vacating the Lowe! Ct. right-of-way and
dedicating 1,331 sq. ft. of right-of-way along Lowell Canyon Rd., a 7,432 sq. ft. proposed
Lot 6A is created. This accommodates the overhead power line and utilities in a
dedicated easement along the south, and providing ample room for single-family or
duplex construction.
Request for Exception to KPB Code 20.30.120 - Streets: Width Requirements
We request an exception to the KPB code that requires a minimum right-of-way width of 60 feet. We
propose dedicating only 10 feet of additional right-of-way for the following reasons:
1. Minimal Traffic: Lowell Canyon Road is a dead-end, primarily leading to a hiking trail entrance.
2. Existing Infrastructure: The road already has sufficient infrastructure, including utilities and
drainage, making further right-of-way dedication unnecessary.
3. Redundancy: The road serves only a small housing development and terminates at city
property. Additional right-of-way dedication offers no substantial benefit.
We believe these points meet the criteria for granting an exception:
• Special Circumstances Affecting the Property: The unique location and existing infrastructure of
Lot 6 make the standard 60-foot right-of-way impractical.
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• Necessary for Preservation of Substantial Property Rights: Granting the exception allows the
property owner to effectively use and enjoy their land without unnecessary encumbrance.
• No Detriment to Public Welfare or Adjacent Properties: The reduced right-of-way width will
not negatively impact traffic flow, safety, or the character of the neighborhood.
Conclusion
Vacating this right-of-way and granting the requested exception will align with existing development
patterns, resolve unnecessary encroachments, and preserve property value. We believe this proposal is
in the best interest of both the community and the City of Seward.
For any questions or additional information, please feel free to contact me by phone or email.
Sincerely,
AK Lands, Land Surveying, LLC by Stacy Wessel
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