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HomeMy WebLinkAboutPZ RES2026-010 Variance 1600 1602 Harold Avenue1 1 Sponsored by: Applicant Public Hearing: September 1, 2026 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2026-010 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING THOMAS LOERTSCHER A VARIANCE FROM THE FRONT YARD SETBACK REQUIREMENT IN SEWARD CITY CODE §15.10.220, REDUCING THE REQUIRED SETBACK FROM 20 FEET TO 10 FEET FOR THE PROPERTIES LOCATED AT 1600 AND 1602 HAROLD AVENUE IN THE SINGLE- FAMILY RESIDENTIAL (R1) ZONING DISTRICT WHEREAS, Thomas Loertscher has applied for a variance to reduce the required front yard setback from 20 feet to 10 feet for the properties located at 1600 and 1602 Harold Avenue; and WHEREAS, the applicant proposes to construct one single-family dwelling on each property for use as long-term rental housing, which is a permitted use within the Single -Family Residential (R1) zoning district; and WHEREAS, the properties are small, undeveloped lots located on the steep slope of Mount Marathon and are significantly constrained by the existing topography; and WHEREAS, Harold Avenue establishes the front lot lines of the properties but exists only as a platted right-of-way in this location and has not been developed for public access; and WHEREAS, the steep terrain within the Harold Avenue right-of-way makes its future development difficult and unlikely; and WHEREAS, the rear of the properties is adjacent to an undeveloped alley; and WHEREAS, the applicant proposes to maintain a 20-foot setback from the undeveloped alley while locating the dwellings closer to the undeveloped Harold Avenue right-of-way; and WHEREAS, the proposed configuration would allow for more practical driveway access, accommodate the sloping terrain, provide more usable yard area, and increase the separation between the proposed dwellings and the existing residences across the alley; and WHEREAS, the variance is limited to reducing the required front yard setback along Harold Avenue and would not authorize a use otherwise prohibited within the R1 Zoning District; 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 2026-010 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 use is consistent with the purpose of the Seward Zoning Code and the Single -Family Residential (R1) zoning district. The applicant proposes to construct one single-family dwelling on each of the two lots for use as long-term rental housing. Single- family dwellings are permitted uses within the R1 district, and the requested variance applies only to the required front yard setback along Harold Avenue, reducing it from 20 feet to 10 feet. All other applicable development requirements are proposed to be met. B. The value of adjoining property will not be significantly impaired Finding: The value of adjoining property is not anticipated to be significantly impaired. The requested setback reduction is adjacent to the undeveloped Harold Avenue right-of- way and would allow the proposed dwellings to be positioned farther from the alley and the existing residences on the east side of the alley. The applicant proposes to maintain at least a 20-foot setback from the alley, increasing separation between the proposed dwellings and nearby residences. 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 3.2.1.2 • `Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations." Vol 1, Chapter 3.3.1 • "Encourage the development of new housing in Seward." Vol 1, Chapter 3.3.1.1 1 1 PLANNING AND ZONING COMMISSION RESOLUTION 2026-010 Page 3 of 5 • "Support a range of housing choices that meet the needs of people in various income and age groups." D. Public Services and facilities are adequate to serve the proposed use. Finding: Public services and facilities can adequately serve the proposed use subject to the extension and provision of required infrastructure as part of development. Public water, sewer, electrical service, and roadway access are not currently available to fully serve the properties and will need to be extended or provided as part of future development. The feasibility and location of these improvements will be evaluated through the development and building permit process. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: The proposed use is not anticipated to be harmful to public safety, health, or welfare. Single-family residential development is a permitted use in the R1 district, and the variance affects only the front yard setback adjacent to an undeveloped right-of-way. The proposed configuration maintains greater separation from the alley and neighboring residences. The Building Department reported no concerns, and the Fire, Public Works, and Electric Departments reported no objection to the setback change. Fire and Police identified the need for a street sign on the road used to access the properties for emergency response. Public Works also noted that utilizing alleys as primary access streets can present maintenance and emergency -response concerns. 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: Special conditions and circumstances exist that are peculiar to these properties. Each lot is approximately 4,500 square feet and is located on the steep slope of Mount Marathon. The designated front of each lot abuts the platted Harold Avenue right-of-way; however, this portion of Harold Avenue has never been constructed and crosses an extremely steep rock face, making future street construction difficult and potentially cost - prohibitive. The combination of the lots' small size, steep terrain, and undeveloped Harold Avenue right-of-way creates circumstances affecting the practical placement and orientation of development that are peculiar to these properties. G. The special conditions and circumstances have not been caused by actions of the applicant. Finding: The special conditions and circumstances were not caused by actions of the applicant. The properties are currently vacant and undeveloped. The steep mountainside terrain, small lot configuration, and platted but undeveloped Harold Avenue right-of-way are pre-existing physical and platting conditions. PLANNING AND ZONING COMMISSION RESOLUTION 2026-010 Page 4 of 5 H. Financial hardship or inconvenience shall not be a reason for granting a variance. Finding: The variance is not being requested or justified on the basis of financial hardship or inconvenience. Rather, the request is based upon the physical characteristics of the properties, including their small size, steep mountainside terrain, and the undeveloped Harold Avenue right-of-way. I. Other nonconforming land use or structures within the district shall not be considered grounds for granting a variance. Finding: The requested variance is not based upon the existence of other nonconforming uses or structures within this area or zoning district. The justification for the variance is based specifically upon the physical and access conditions affecting Lots 23 and 24, including their size, steep terrain, and the undeveloped Harold Avenue right-of-way.. J. A variance shall be the minimum variance necessary to permit the reasonable use of the land or structure. Finding: The requested variance is limited to reducing the required front yard setback along the undeveloped Harold Avenue right-of-way from 20 feet to 10 feet. No variance from the permitted use or other development requirements is requested, and the proposed development would meet all other applicable zoning requirements. The 10-foot reduction allows the dwellings to be positioned in response to the steep terrain while maintaining a minimum 20-foot setback from the alley, providing greater separation from the existing neighboring residences. Accordingly, the requested relief is narrowly tailored to the particular site constraint and represents the minimum variance identified in the application as necessary to permit reasonable development of the properties. K. A variance shall not be granted which will permit a land use in a district in which that use is otherwise prohibited. Finding: Granting the variance will not permit a land use that is otherwise prohibited in the Rl zoning district. The proposed development consists of two single-family dwellings, one on each lot, which is a permitted use in the Single -Family Residential (R1) district. The variance is limited solely to reducing the required front yard setback along Harold Avenue from 20 feet to 10 feet and does not authorize any otherwise prohibited land use. 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 1 1 PLANNING AND ZONING COMMISSION RESOLUTION 2026-010 Page 5 of 5 1. Prior to issuance of a building permit, the applicant shall coordinate with the Public Works and Seward Electric Departments to determine appropriate locations for water, sewer, electrical service, and other required utilities. 2. Prior to occupancy, the applicant shall ensure that each dwelling is appropriately addressed and signed to clearly identify the property and its access route for emergency response. 3. Prior to issuance of a building permit, the private driveway access from Aialik Street shall be reviewed and approved by the appropriate City departments to ensure adequate access for emergency response, utilities, and City services. 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 finds 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 Thomas Loertscher to reduce the required front yard setback from 20 feet to 10 feet for the properties located at 1600 and 1602 Harold Avenue in the Single -Family Residential (R1) zoning district Section 5. This resolution shall take effect 10 days following its adoption. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 1st DAY OF SEPTEMBER, 2026. AYES: NOES: ABSENT: Wilder, Hornseth ABSTAIN: VACANT: ATTEST: Clare Sullivan, C it Verhey, Hubbard, Charbonneau, Siptrott, Sullivan Kris Peck City Clerk (City Seal) Planning and Zoning Agenda Statement Meeting Date: September 1, 2026 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, AICP, Planner Agenda Item: Resolution 2026-010 of the Planning and Zoning Commission of the City of Seward, Alaska, granting Thomas Loertscher a variance from the front yard setback requirement in Seward City Code §15.10.220, reducing the required setback from 20 feet to 10 feet for the properties located at 1600 and 1602 Harold Avenue in the Single -Family Residential (R1) zoning district Background and justification: Thomas Loertscher has submitted an application requesting a variance from the 20-foot front yard setback requirement to allow the construction of two single-family dwellings with a 10-foot setback from Harold Avenue on the properties located at 1600 and 1602 Harold Avenue. The properties are legally described as Lots 23 and 24, Block 2, Bayview Addition. The applicant proposes to construct one single-family dwelling on each lot for use as long-term rental housing. Both properties are currently vacant and undeveloped. The properties are located within the Single -Family Residential (R1) zoning district and are each approximately 4,500 square feet in size. Because the lots front the platted Harold Avenue right-of- way, the 20-foot front yard setback is measured from the Harold Avenue property lines. However, this portion of Harold Avenue exists only as a platted right-of-way and has not been constructed or developed for public access. The right-of-way crosses an extremely steep rock face on the slope of Mount Marathon, making its future construction difficult and potentially cost -prohibitive. Due to these significant topographic constraints, it is unlikely that this portion of Harold Avenue will be developed as a functioning street. The east side of the properties borders a platted but undeveloped alley. Although the alley has not been constructed, the applicant proposes to maintain a minimum 20-foot setback from the alley for development on both 1600 and 1602 Harold Avenue. Access to the proposed dwellings would be provided from Aialik Street via a private driveway entering just to the north of the alley. This layout would orient the dwellings toward the existing access route while allowing them to be located closer to the steep mountainside and the undeveloped Harold Avenue right-of-way. The applicant has indicated that locating the dwellings closer to Harold Avenue would allow for more practical driveway approaches and provide more usable yard area between the proposed homes and the existing residence at 1601 Bayview Place. According to the application, the proposed configuration would provide greater flexibility for daylight -basement foundations, front decks, and building designs that respond to the sloping terrain and take advantage of the views. 9 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 small size of the lots, the steep mountainside terrain, and the presence of an undeveloped and likely impractical right-of-way along the designated fronts of the properties create circumstances that are peculiar to these properties. These conditions were not created by the applicant and affect the practical placement and orientation of the proposed dwellings. The proposed single-family dwellings are permitted uses within the R1 zoning district. The variance request is limited solely to reducing the required front yard setback along Harold Avenue from 20 feet to 10 feet. The applicant proposes to maintain a minimum 20-foot setback from the alley, providing additional separation from the existing access route and neighboring residences. Granting the variance would not authorize a use that is otherwise prohibited within the zoning district or relieve the applicant from complying with other applicable development requirements. 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 10 is otherwise prohibited. Surrounding Land Use and Zoning: Development Requirements: The single-family residential zoning district requires a minimum front yard setback of 20 feet. Side yards must be a minimum of 5 feet each, with a combined minimum side yard setback of 15 feet. A minimum 10-foot side yard setback is required where a side yard abuts a street. The minimum rear yard setback is 10 feet. Primary structures may be up to 38 feet in height, while accessory structures are limited to 20 feet. Maximum lot coverage is 35 percent. The applicant is requesting a variance to the front yard setback. The proposed development would meet all other requirements. Surrounding Land Use: The property is primarily surrounded by vacant, undeveloped land. An existing single-family residence is located immediately to the east, with a shed that encroaches into the undeveloped alley. Additional single-family residences are located farther to the north. Properties directly to the north and southeast are vacant and zoned for single-family residential use. The property to the southwest was recently approved for development as a recreational resort, which will include further development and improvements to the Aialik Street right-of-way. Floodplain Status: According to the Kenai Peninsula Borough Floodplain Map, the property is not located within a Special Flood Hazard Area (SFHA). The property is mapped within FEMA Flood Zone X. Utilities: Public infrastructure and services are not currently available to serve the property and would need to be extended as part of future development. Required improvements are anticipated to include extensions of public water and sewer service, electrical service, and roadway access. The feasibility, location, and cost of these extensions would be evaluated as part of the development and building permit process. Parking: Pursuant to Seward City Code § 15.10.215, a minimum of two off-street parking spaces is required for each dwelling unit. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.2.1.2 Plan: • "Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations." Vol 1, Chapter 3.3.1 • "Encourage the development of new housing in Seward." Vol 1, Chapter 3.3.1.1 • "Support a range of housing choices that meet the needs of people in various income and age groups." Strategic Plan: N/A 11 Department Comments No Comment N/A Building Department No concerns Fire Department No objection to the setback change. A street sign will need to be placed on the road being used to access the properties for emergency response. Public Works Department No objection to the setback change, however, if the alley is ever developed, utilizing alleys as primary access streets is problematic for maintenance and emergency response. Harbor Department X Police Department Agrees with comments made by the Fire Dept and Public Works Dept. Electric Department No objection to the setback change. There are overhead electric lines in the alley. Telecommunications X Property owners within three hundred (300) feet of the proposed land use amendment 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 received public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. 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. 12 I IAR CPL D WE RAYVIEW ADDITION '.1f1EtL ST Context Map Key 1 Single-family Residential Two-family Residential Multi -family Residential Auto Commercial Park Resource Management J J 1 40. DAIRY HILL SUBDIVISION CLEAR VIE SU BD IVISh • "15W611, VD 200 feet Variance Application Property Map RES 2026-010 - Granting a variance from the front yard setback requirement in Seward City Code 15.10.220, reducing the required setback from 20 feet to 10 feet Location: 1600 & 1602 Harold Avenue Parcel #: 14708003 & 14708022 18 iii Variance Application Property Map RES 2026-010 - Granting a variance from the front yard setback requirement in Seward City Code 15.10.220, reducing the required setback from 20 feet to 10 feet Location: 1600 & 1602 Harold Avenue Parcel #: 14708003 & 14708022 iy Existing Site Conditions 1600 AND 1604 HAROLD AVENUE 20