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HomeMy WebLinkAboutPZ RES2026-008 1605 Leirer Rd VarianceSponsored by: Applicant Public Hearing: July 7, 2026 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2026-008 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A VARIANCE FROM SEWARD CITY CODE 15.10.220 DEVELOPMENT REQUIREMENTS TO RODNEY ROEMMICH TO REDUCE THE 10' SETBACK REQUIREMENT TO CONSTRUCT A LEAN-TO STRUCTURE ON THE SIDE OF A WAREHOUSE LOCATED AT 1605 LEIRER ROAD, WITHIN AN INDUSTRIAL (I) ZONING DISTRICT WHEREAS, Rodney Roemmich has submitted an application requesting a variance from the development standards of Seward City Code § 15.10.220 to reduce the required 10-foot rear yard setback to 0 feet for the construction of a lean-to accessory structure at 1605 Leirer Road; and WHEREAS, the subject property is located within the Industrial (I) zoning district and is developed with an existing warehouse and associated commercial uses; and WHEREAS, the proposed lean-to would provide covered storage for vehicles associated with the existing business operation and is a use otherwise permitted within the Industrial zoning district; and WHEREAS, the property is characterized by an irregular triangular configuration that narrows toward the rear of the parcel, creating unique site constraints that limit the usable area available for development; and WHEREAS, the location and orientation of the existing warehouse, including access through an existing overhead door, further restrict the placement of accessory structures on the site; and WHEREAS, the applicant leases adjacent property from the Alaska Railroad Corporation that functions as operational space and overflow parking, but the leased property cannot be legally consolidated with the subject parcel due to separate ownership and lease arrangements; and WHEREAS, the proposed lean-to would be located entirely on the subject property and would not interfere with existing parking, access, railroad operations, or other functions within the adjacent Alaska Railroad right-of-way; and WHEREAS, Seward City Code § 15.10.325 allows the Commission to issue variances when the literal enforcement of Title 15 would deprive a property owner of the reasonable use of their real property, provided certain requirements and conditions are met; and WHEREAS, the public notification process was complied with and the appropriate public hearing, as required by Seward City Code § 15.01.040. PLANNING AND ZONING COMMISSION RESOLUTION 2026-008 Page 2 of 5 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA: Section 1. According to SCC 15.10.325 It is recognized that there are some requirements when the literal enforcement would deprive a property owner of the reasonable use of their property The commission may allow for a relaxation of the requirements if the following conditions are met. 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: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: The proposed lean-to is an accessory structure associated with an existing commercial operation located within the Industrial zoning district. The proposed use is consistent with the intent of the Industrial district and does not introduce a new or incompatible land use to the area. B. The value of adjoining property will not be significantly impaired. Finding: The proposed structure is compatible with surrounding commercial, railroad, and industrial development patterns. The lean-to is a relatively minor addition to an existing warehouse and is not anticipated to negatively affect the use, development potential, or value of neighboring 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) Plan statements that are in harmony with this application: Vol 1, Chapter 3.1.1.4 • "Support private sector business, employment, and programs." D. Public Services and facilities are adequate to serve the proposed use. Finding: The property is served by existing public infrastructure, including road access, water, sewer, and electrical utilities. The proposed lean-to will function as an accessory storage structure and is not expected to increase demand on public services or facilities. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: The proposed structure will be located entirely on the subject property and will not obstruct public access, circulation, or adjacent parking areas. The addition is not anticipated to create adverse impacts to public safety, health, or welfare beyond those normally associated with permitted industrial development. 1 1 1 1 PLANNING AND ZONING COMMISSION RESOLUTION 2026-008 Page 3 of 5 F. 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 subject parcel is uniquely constrained by its irregular triangular shape, which narrows significantly toward the rear of the property and reduces the amount of developable area available for use. Additionally, the location of the existing warehouse and overhead garage door further limits the feasible placement of accessory structures on the site. The property is also adjacent to land leased by the applicant from the Alaska Railroad Corporation, which functions as additional operational space; however, because the leased area and the subject parcel are under separate ownership and lease arrangements, they cannot be consolidated into a single developable lot. These circumstances are unique to the property and are not generally applicable to other properties within the Industrial zoning district. G. The special conditions and circumstances have not been caused by actions of the applicant. Finding: The parcel configuration, existing development pattern, and separate ownership of adjacent Alaska Railroad property were established independent of the applicant's actions. The conditions creating the need for variance relief are inherent characteristics of the property and were not created by the applicant. H. Financial hardship or inconvenience shall not be a reason for granting a variance. Finding: The request is not based upon financial hardship or inconvenience. Rather, it is based upon the physical characteristics of the property and the limitations those characteristics place on the reasonable use of the site. I. Other nonconforming land use or structures within the district shall not be considered grounds for granting a variance. Finding: The request is based upon the specific circumstances of the subject property and not upon the existence of nonconforming uses or structures elsewhere within the district. J. A variance shall be the minimum variance necessary to permit the reasonable use of the land or structure. Finding: The applicant is requesting relief only from the rear yard setback requirement necessary to construct the proposed lean-to adjacent to the existing warehouse. Given the physical constraints of the site, the requested reduction from a 10-foot setback to a 0-foot setback represents the minimum relief necessary to allow reasonable use of the property for the proposed accessory structure. The applicant has indicated that the lean-to is intended to provide covered storage for two golf carts parked side -by -side. Because a typical golf cart is approximately four feet wide, additional width is necessary to accommodate two carts and provide adequate clearance for access and maneuvering. Requiring the structure to maintain the full 10-foot setback would significantly reduce the usable width of the lean- to and limit its ability to serve its intended purpose. Therefore, the requested variance PLANNING AND ZONING COMMISSION RESOLUTION 2026-008 Page 4 of 5 represents the minimum relief necessary to accommodate the proposed use while maintaining the functionality of the structure. K. A variance shall not be granted which will permit a land use in a district in which that use is otherwise prohibited. Finding: The proposed lean-to is an accessory structure serving an existing permitted use within the Industrial zoning district. Approval of the variance would not authorize a land use that is otherwise prohibited by the Seward City Code. 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 variance shall be subject to the following conditions: 1. The applicant shall coordinate with the Building Official during the building permit review process to ensure compliance with all applicable provisions of the International Building Code (IBC), International Fire Code (IFC), and any other applicable local, state, or federal regulations. 2. The variance shall remain valid only so long as the applicant maintains legal access to and use of the adjacent Alaska Railroad leased property. If the lease is terminated or expires without renewal, the applicant shall remove the lean-to structure or otherwise bring the property into compliance with the setback requirements of the Seward City Code within 90 days from when the lease was terminated or expired. 3. If the existing warehouse is substantially damaged, destroyed, or removed, the variance granted by this resolution shall become null and void. Any reconstruction of the warehouse or construction of a replacement structure shall be subject to the setback requirements in effect at the time of rebuilding unless a new variance is approved by the City. Any lean-to structure authorized by this variance shall be removed upon demolition or removal of the warehouse. Section 3. 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 4. The Planning and Zoning Commission fords that the proposed variance, subject to the findings of the Commission, satisfies the criteria for granting a variance to SCC § 15.10.220 Development Requirements and authorizes administration to issue a variance to Rodney Roemmich to allow a 0' rear setback to construct a lean-to structure at 1605 Leirer Road, within an Industrial (I) zoning district. Section 5. This resolution shall take effect 10 days following its adoption. 1 1 1 1 PLANNING AND ZONING COMMISSION RESOLUTION 2026-008 Page 5 of 5 APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 7TH DAY OF JULY, 2026. AYES: NOES: ABSENT: Charbonneau, Wilder ABSTAIN: VACANT: ATTEST: Clare Sulliva Chair Hornseth, Verhey, Hubbard, Siptrott, Sullivan Kris Peck City Clerk (City Seal) Planning and Zoning Agenda Statement Meeting Date: July 7, 2026 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2026-008 of the Planning and Zoning Commission of the City of Seward Alaska, granting a variance from Seward City Code 15.10.220 Development Requirements to Rodney Roemmich to reduce the 10' setback requirement to construct a lean-to structure on the side of a warehouse located at 1605 Leirer Road, within an Industrial (I) zoning district Background and justification: Rodney Roemmich has submitted an application requesting a variance from the 10-foot rear yard setback requirement to allow the construction of a lean-to structure directly adjacent to the property line on the side of an existing warehouse located at 1605 Leirer Road. The proposed lean-to would provide covered storage for golf carts associated with the existing commercial operation on the property. Existing and proposed site photographs submitted with the application depict the lean-to attached to the side of the warehouse and extending toward the rear property boundary. The property is located within the Industrial (I) zoning district and is uniquely constrained by its irregular triangular shape. As shown on the submitted property map, the parcel narrows significantly toward the rear, reducing the amount of usable area available for development and limiting the ability to construct accessory structures while maintaining the required setback. In addition, the north side of the warehouse contains a large overhead garage door that serves the warehouse and must remain unobstructed, further limiting potential locations for the proposed structure. In addition to the parcel's unusual configuration, the applicant leases an adjacent strip of land from the Alaska Railroad Corporation. This leased area is located within the broader Alaska Railroad right-of-way corridor, which accommodates a variety of uses, including railroad infrastructure, the Seward Train Depot, vehicular access, and parking. The portion leased by the applicant is currently used as overflow parking and is separated from the remainder of the right-of-way by rope barriers. Based on the site plan and photographs submitted with the application, the proposed lean-to would not encroach into the parking area or interfere with existing functions within the Alaska Railroad corridor. Rather, the structure would be located entirely on the warehouse parcel while utilizing an area that is otherwise constrained by the setback requirement. The applicant has indicated that the leased Alaska Railroad property is intended to function as additional operational space associated with the warehouse. However, because the warehouse parcel and the adjacent leased property are under separate ownership and lease arrangements, the parcels cannot be replatted and combined into a single lot. If the properties were under common ownership, a lot consolidation could potentially provide additional developable area and eliminate the need for setback relief. Because this option is not available, the applicant contends that strict application of the setback requirement limits the reasonable use of the property. 66 Seward City Code defines a variance as a mechanism to provide relief when the literal enforcement of the zoning regulations would deprive a property owner of the reasonable use of their real property. In this case, the applicant asserts that the unique shape of the parcel, the location of the existing warehouse, and the inability to consolidate the adjacent leased property create circumstances that limit the ability to utilize the property for a permitted accessory structure. The proposed lean-to is an accessory structure that is otherwise permitted within the Industrial zoning district, and the variance request is limited solely to reducing the required rear yard setback from 10 feet to 0 feet. The public notification process was completed in accordance with Seward City Code § 15.01.040, and all required public hearing and notice requirements have been satisfied. Prior to granting a variance, the Commission shall establish that the use satisfies the following conditions as listed in SCC §15.10.325(D): 1. The proposed action must be consistent with all of the general conditions required for a conditional use permit: a. The use is consistent with the purpose of this chapter and the purposes of the zoning district; b. The value of the adjoining property will not be significantly impaired; c. The proposed use is in harmony with the comprehensive plan; d. Public services and facilities are adequate to serve the proposed use; e. The proposed use will not be harmful to the public safety, health or welfare; 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; 3. The special conditions and circumstances have not been caused by actions of the applicant; 4. Financial hardship or inconvenience shall not be a reason for granting a variance; 5. Other nonconforming land use or structures within the district shall not be considered grounds for granting a variance; 6. A variance shall be the minimum variance necessary to permit the reasonable use of the land or structure; and 7. A variance shall not be granted which will permit a land use in a district in which that use is otherwise prohibited. Surrounding Land Use and Zoning: Development Requirements: The Industrial zoning district requires a minimum front yard setback of 20 feet, side yard setbacks of 10 feet, and a rear yard setback of 10 feet. Primary structures may be up to 38 feet in height, while accessory structures are limited to 34 feet in height. Maximum lot coverage is 100 percent, excluding the areas required to remain open due to setback requirements. 67 The existing warehouse fronts Leirer Road and is legally nonconforming with respect to the required front yard setback, as it does not meet the current 20-foot setback requirement. The structure otherwise complies with the required side and rear yard setbacks. The applicant is requesting a variance from the 10-foot rear yard setback requirement to allow construction of the proposed lean-to at the property line, resulting in a 0-foot rear yard setback. Surrounding Land Use: The property is surrounded by a mix of commercial and industrial uses. Adjacent uses include the Alaska Railroad Train Depot and associated railroad facilities to the west, commercial businesses including a coffee shop, restaurant, and retail uses to the south, and industrial storage and warehouse uses to the east and north. Floodplain Status: According to the Kenai Peninsula Borough Floodplain Map, the property is not located within a Special Flood Hazard Area (SFHA). Utilities: Public infrastructure and services, including water, sewer, electrical service, and road access, are available to serve the property. Parking: Pursuant to Seward City Code § 15.10.215, no off-street parking is required for this use. The proposed lean-to would not increase the parking demand associated with the property and is intended to provide covered storage for vehicles already utilized by the existing business operation. omprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.1.1.4 Plan: • "Support private sector business, employment, and programs." Strategic Plan: N/A Other: 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 Telecommunications X Property owners within three hundred (300) feet of the proposed land use amendment were notified 68 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 received no public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation MI The proposed use is permittable through the Variance 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. 69