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HomeMy WebLinkAboutRes1995-011 Sponsored by Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION NO. 2S::.ll A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, APPROVING A VARIANCE FROM SCC ~ 15.10.215, PARKING REQUIREMENTS, FOR LOT 20, BLOCK 18 ORIGINAL TOWNSITE OF SEWARD WHEREAS, a request was received from Phyllis J. Plath for a variance from SCC ~ 15.10.215 to relax the parking requirements from six spaces to one space in order to utilize the parcel, located at 608 Adams Street and legally described as Lot 20, Block 18, Original Townsite of Seward, as a single-family residence and four (4) bedroom lodging operation; and WHEREAS, according to SCC ~ 15.10.325, a variance allows for the relaxation of the development requirements of the Seward Zoning Code when the literal enforcement of the Zoning Code would deprive a property owner of the reasonable use of his real property; and WHEREAS, the required notices were published, posted and mailed and a public hearing was held on May 3, 1995. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Planning and Zoning Commission has made the following Findings of Fact based on the applicant's request: 1. The proposed action is consistent with all of the general conditions required for a Conditional Use Permit except that the proposal does not provide adequate on-site open space for light and air and to prevent and fight fires, does not lessen congestion on streets and highways and is not in harmony with the Seward Comprehensive Plan. 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. The requested variance is excessive in that it identifies a financial loss or inconvenience if the applicant is unable to operate a lodging operation on the property. 5. Other nonconforming land use or structures within the district have not been considered as grounds for granting the requested variance. Seward Planning and Zoning Commission Resolution No. ~ 6. The applicant's requested variance is not the minimum variance necessary to permit the reasonable use of the land or structure; however, a failure to grant the applicant the minimum variance necessary would deprive the property owner of the reasonable use of the real property. 7. The applicant has not requested a variance to permit a land use in a district in which that use is otherwise prohibited. Section 2. Based on the Findings of Fact specified in Section 1, the Planning and Zoning Commission grants the applicant a variance from SCC ~ 15.10.215 to designate two parallel parking spaces within the Adams Street right-of-way adjacent to Lot 20, Block 18, Original Townsite of Seward and to reduce the single-family parking requirement for that lot to one space subject to the following conditions: a) The applicant will sign and notarize an encroachment permit for the five (5) foot encroachment of the concrete ramp, wooden steps and deck which encroach into the Adams Street Right-of-Way abutting Lot 20, Block 18, Original Townsite of Seward Subdivision. b) Within five years from the date of enactment of this resolution the owner will provide off-street parking. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of May, 1995. THE CITY OF SEWARD, ALASKA ~~ Blaine Bardarson, Chairman AYES: NOES: ABSENT: ABST AlN: Bardarson, Carpenter, Castellina, Clark, Corrigan, Kincheloe, Niebrugge None None None Seward Planning and Zoning Commission Resolution No. 95-11 ATTEST: ." c~\, !--.' (City Seal)