HomeMy WebLinkAboutPZ RES2026-010 Variance 1600 1602 Harold Avenue1
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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
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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:
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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.
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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
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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
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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.
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Context Map
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Two-family Residential
Multi -family Residential
Auto Commercial
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SUBDIVISION
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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
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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
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