HomeMy WebLinkAboutPZ Res2025-013 CUP 801 Third Ave1
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Sponsored by: Applicant
Public Hearing: April 8, 2025
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2025-013
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE
PERMIT TO TIREBRAND LLC TO OPERATE AN AUTO REPAIR SHOP
AT 801 THIRD AVENUE WITHIN AN AUTO COMMERCIAL (AC)
ZONING DISTRICT
WHEREAS, Tirebrand LLC has applied for a Conditional Use Permit (CUP) from the
Seward Planning and Zoning Commission to operate an auto repair shop at 801 Third Avenue; and
WHEREAS, the property is in an Auto Commercial (AC) zoning district; and
WHEREAS, the property has historically been used as a tire and lube shop, which is
classified as an auto service shop; and
WHEREAS, an auto service shop is allowed outright in the AC zoning district and is
defined as "a place used primarily for the retail dispensing of motor fuels and/or installation of
tires, batteries and other accessories and services which do not customarily or usually require the
services of a qualified automotive mechanic;" and
WHEREAS, the 2025 business license application submitted by Tirebrand LLC added
"general automotive repair" to their description of business activities; and
WHEREAS, an auto repair station requires a CUP in the AC zoning district and is defined
as "a place where a qualified automotive mechanic provides services such as general motor vehicle
and engine repair, reconditioning or rebuilding, and collision service including body, frame and
fender straightening and repair, painting, and undercoating of motor vehicles;" and
WHEREAS, the property is located on the corner of Third Avenue and B Street; and
WHEREAS, the properties to the west and southwest are residential dwellings and are
zoned Office Residential; and
WHEREAS, the properties to the north, south, and east are a mix of commercial and
residential uses and are all zoned Auto Commercial; and
WHEREAS, the property to the southeast is an insurance agency and is zoned Office
Residential; and
WHEREAS, Seward City Code § 15.10.320 recognizes that there are some uses that may
be compatible with designated principal uses in specific zoning districts provided certain
conditions are met; and
CITY OF SEWARD, ALASKA
RESOLUTION 2025-013
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. The Commission finds that the proposed use satisfies the following conditions
as specified in SCC §15.10.320.D.
A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and
the purposes of the zoning district.
a. Finding: Yes, an auto repair station is allowed in the Auto Commercial
zoning district with an approved CUP.
B. The value of the adjoining property will not be significantly impaired.
a. Finding: The property has been used as an auto service shop for many years.
The nature of the work is technically expanding, but it will not change the
impact the business currently has on the surrounding properties.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
a. Finding: Yes, the proposed use is supported by the Comprehensive Plan Vol
1, Chapter 3.1.1.4 — "Support private sector business, employment, and
programs" and "Support and encourage the growth of business."
D. Public services and facilities are adequate to serve the proposed use.
a. Finding: Yes, city water, sewer, and electricity are connected to the property.
The property has access to Third Avenue and B Street.
E. The proposed use will not be harmful to the public safety, health, or welfare.
a. Finding: This condition has been met.
Section 2. Any and all specific conditions deemed necessary by the Commission to fulfill
the above -mentioned conditions shall be met by the applicant. Approval of the CUP shall be subject
to the following conditions:
1. Per Seward City Code §15.10.325(f). 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.
2. Modification of final approval of a conditional use permit may, upon application by the
permittee, 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.
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CITY OF SEWARD, ALASKA
RESOLUTION 2025-013
Section 3. 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 2 are met by the applicant, and authorizes administration to issue a
conditional use permit to Tirebrand LLC to operate an auto repair shop on Lots 1-2, Block 14,
Federal Addition, Original Townsite of Seward, located at 801 Third Avenue.
Section 4. 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. A Conditional Use Permit may be transferred to a new owner per
§15.10.320(G), in which case the new owner will be required to maintain conformance to the
conditions of the permit.
Section 5. Administration shall periodically confirm the approved conditional use
conforms to the standards of its approval. Nonconformance to these above stated conditions shall
be grounds for revoking the Conditional Use Permit.
Section 6. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 8th day
of April, 2025.
THE CITY OF SEWARD, ALASKA
C'-IA,e-Q
Carol Griswol , Chair
AYES: Pemberton, Hubbard, Charbonneau, Sullivan, Griswold
NOES: None
ABSENT: Verhey, Hornseth
ABSTAIN: None
ATTEST: None
Kris Peck
City Clerk
(City Seal)
Planning and Zoning Agenda Statement
Meeting Date: April 8, 2025
To: Planning and Zoning Commission
Through: Daniel Meuninck, Community Development Director
From: Applicant
Agenda Item: Resolution 2025-013, of the Planning and Zoning Commission of the
City of Seward, Alaska, Granting a Conditional Use Permit to
Tirebrand LLC to operate an auto repair shop at 801 Third Avenue
within an Auto Commercial (AC) Zoning District
Background and justification:
Tirebrand LLC has applied for a Conditional Use Permit (CUP) from the Seward Planning and
Zoning Commission to operate an auto repair shop at 801 Third Avenue.
The property is located within the Auto Commercial (AC) zoning district and has historically been
used as an auto service station (i.e. tire and lube shop). The 2023 and 2024 business license
applications described the business activities as "tire repair/change; oil, lube services". An auto
service station is allowed outright in the AC zoning district and is defined as "a place used primarily
for the retail dispensing of motor fuels and/or installation of tires, batteries and other accessories and
services which do not customarily or usually require the services of a qualified automotive
mechanic."
The 2025 business license application updated the business description to add, "general automotive
repair". An auto repair station requires a CUP in the AC zoning district and is defined as "a place
where a qualified automotive mechanic provides services such as general motor vehicle and engine
repair, reconditioning or rebuilding, and collision service including body, frame and fender
straightening and repair, painting, and undercoating of motor vehicles."
The applicant has complied with all the public hearing requirements of Seward City Code
§ 15.01.040.
Regarding conditional uses, Seward City Code § 15.10.320 states, "It is recognized that there are
some uses which may be compatible with designated principal uses in specific zoning districts
provided certain conditions are met. The conditional use permit procedure is intended to allow
flexibility in the consideration of the impact of the proposed use on surrounding property, and the
application of controls and safeguards to assure that the proposed use will be compatible with the
surroundings. The commission shall permit this type of use if the conditions and requirements listed
in this chapter (Title 15) are met."
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Prior to granting a conditional use permit, the Commission shall establish that the use satisfies the
following conditions as listed in SCC § 15.10.320(D):
1. The use is consistent with the purpose of this chapter and the purposes of the zoning district;
2. The value of the adjoining property will not be significantly impaired;
3. The proposed use is in harmony with the Comprehensive Plan;
4. Public services and facilities are adequate to serve the proposed use;
5. The proposed use will not be harmful to the public safety, health or welfare;
6. 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.
Surrounding Land Use and Zoning:
Development Requirements: The building being used for automotive service and repairs was
built in 1958. It is a legal non -conforming structure since it was constructed across a platted
property line, which was not prohibited by city code until 1987 (Ord. 596, 1987).
Surrounding Land Use: The properties to the west and southwest are residential dwellings and
are zoned Office Residential. The properties to the north, south, and east are a mix of
commercial and residential uses and are all zoned Auto Commercial. The property to the
southeast is an insurance agency and is zoned Office Residential.
Floodplain status: According to the Kenai Peninsula Floodplain Map, the property is not located
within a FEMA-mapped floodplain.
Utilities: City water, sewer, and electricity are connected to the property.
Parking: A total of 5 parking spaces are required for the size of the building to be used as an
auto repair shop. The adjacent lot north of the building provides the required parking.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Vol 1, Chapter 3.1.1.4 — "Support private sector business, employment, and
Plan: programs"
• "Support and encourage the growth of business."
Strategic Plan: N/A
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Department
Comments
No
Comment
N/A
Building Department
X
Fire Department
X
Public Works
Department
X
Harbor Department
X
Police Department
X
Electric Department
X
Public Notice
Property owners within three hundred (300) feet of the location of the proposed Conditional Use
Permit action 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 regarding the proposed Conditional Use Permit. If any correspondence is received after
publication of this agenda statement, it will be submitted to the Planning and Zoning
Commissioners for their review.
Recommended Conditions
1. Per Seward City Code § 15.10.325(f). 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.
2. Modification of final approval of a conditional use permit may, upon application by the
permittee, 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.
The proposed use is permittable through the Conditional Use Permit process, which allows the
Commission the opportunity to ensure that the use is consistent with the purpose of the zoning
district and surrounding land uses, is in harmony with the Comprehensive Plan, and will not be
harmful to the public safety, health, or welfare.
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P FLOAT
BOA
OAT
AT
Context Map
Single-family Residential
Urban Residential
Office Residential
Central Business
Auto Commercial
Institutional
Park
200 feet
Conditional Use Permit Application Property Map
RES 2025-013 - Granting a conditional use permit to operate an auto repair shop
Location: 801 Third Ave
Parcel #: 14714016
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1 hereby certify that on February 25th
2004, I surveyed the improvements on
Lots 1-4, Block 14, USS 1116, Federal
Addition, Plat no 4, Seward Recording
District, and that the improvements ore
shown in the correct relationship to the
recovered monuments. NOTE: Budding
setbacks restrictions and easements,
if any exist, are NOT shown hereon.
AS —BUILT SURVEY
LOTS 1-4, BLOCK 14
U.S.S 1116, FEDERAL ADD1710N
CLINE & ASSOCIATES
P.O. BOX 2703
SEWARD, ALASKA 99664
907-224— 7324
FIELD BOOK:04-01
DATE: 03/01/04
DWG: 04-08A SCALE: 1"=30'
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CITY OF SEWARD, ALASKA
AFFIDAVIT OF MAILING
PUBLIC HEARING NOTICE
P_cocrA, upon oath, deposes and states:
That she is employed in the Community Development Office of the City of
Seward, Alaska; and that on ck - H 2xi '20L< ; she mailed a Notice of
Public Hearing to the real property owners within a 300-foot periphery of
Original Townsite of Seward, Federal Addition, Lots 1-2, Block 14;
Located at 801 Third Avenue as prescribed by Seward City Code
15.01.040/16.01.015.
Affirmed and signed this 2C day ofNta— k 2025.
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AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
I, (-1-1)0\igni hereby certify that I have posted a
Notice of Public Hearing, as prescribed by Seward City Code
15.01.040/16.01.015 on the property located at Fort Raymond Original
Townsite of Seward, Federal Addition, Lots 1-2, Block 14;
Located at 801 Third Avenue on which the applicant has petitioned for
a Public Hearing for a Conditional Use Permit to operate an auto repair shop,
within an Auto Commercial (AC) Zoning District.
The notice was posted on MAMA ✓ , which is 1 i
days prior to the public hearing on this petition. I acknowledge this Notice
must be posted in plain sight, maintained and displayed until all public
hearings have been completed.
Affirmed and signed this (2-0 day ofr(1 I. , 2025.
Signature
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