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HomeMy WebLinkAboutOrd2010-005 Sponsored by: Planning and Zoning Commission Introduction Date: September 27, 2010 Public Hearing Date: October 11, 2010 Enactment: October 11, 2010 imp CITY OF SEWARD, ALASKA ORDINANCE 2010 -005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE 15.10.140 DEFINITIONS TO ALLOW ACCESSORY BUILDINGS ON ADJACENT LOTS OF THE PRINCIPAL BUILDING OR USE SERVED WHEREAS, members of the public have requested a code change to allow for the construction of single- family residential accessory structures on an adjacent lot; and WHEREAS, the current code does not allow for the construction of accessory buildings on an adjacent lot without first replatting the parcels, but SCC 12.01.030 allows single - family residences to be constructed across platted property lines; and WHEREAS, allowing the construction of accessory buildings on adjacent lots under the same ownership may promote additional orderly development in Seward by removing a barrier for both residential and commercial improvement; and WHEREAS, allowing the construction of accessory buildings on adjacent lots may provide additional benefit for the general welfare of Seward's residents; and lbw WHEREAS, following newspaper publication for two weeks and written notice displayed in three public places, the Planning and Zoning Commission held a public hearing at its September 7, 2010 meeting and recommended City Council approval of a proposed Zoning Code amendment; and WHEREAS, the draft minutes and public records of the Planning and Zoning Commission proceedings will be provided to the City Council. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD ORDAINS that: Section 1. The Seward City Code is hereby amended to read as follows: Seward City Code 15.10.140. — Definitions is hereby amended as follows (Strikethroughs = deletions and are bold, Underline = additions and are bold): (b) Specific definitions. In this chapter, unless otherwise provided or the context otherwise requires: Accessory building. A detached structure that: to.. CITY OF SEWARD ORDINANCE 2010 -005 (1) Is clearly incidental to and customarily found in connection with a principal building or use; (2) Is subordinate to and serves a principal building or use; (3) Is subordinate in area, extent or purpose to the principal building or use served; (4) Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and (5) Is located on the same or adjacent lot under the same ownership as the principal building or use served. An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid - mounted or other moveable structures. Section 2. The above recitals are incorporated herein by reference. Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 11 day of October 2010. owl THE CITY OF SEWARD, ALASKA , .� illard E. Dunham, Mayor AYES: Valdatta, Keil, Smith, Dunham NOES: None ABSENT: Amberg, Bardarson, Shafer ABSTAIN: None ATTEST: , 4 . e. 114 's J e t 140 A el Lewis • City Clerk ' (City Seal) . s; ma g ` � e , �. . to OF A`rt` ��. aasn11e • �� Council Agenda Statement H OC S� Meeting Date: September 27, 2010 Through: City Manager Phillip Oates From: Community Development Director Christy Terry • 41 cAsv-P Agenda Item: Allowing accessory Buildings on Adjacent lots BACKGROUND AND JUSTIFICATION: Members of the public have requested a code change to allow for the construction of single - family accessory structures on an adjacent lot. Seward City Code (SSC) provides that the Planning and Zoning Commission shall hold a public hearing and forward written recommendations to the City Council before the Council amends or repeals any land use regulations, or changes zoning or land use boundaries. Administration supports and recommends the following code change (Strikethroughs = deletions and are bold, Underline = additions and are bold): Seward City Code 15.10.140. — Definitions (b) Specific definitions. In this chapter, unless otherwise provided or the context otherwise requires: Accessory building. A detached structure that: (1 ) Is clearly incidental to and customarily found in connection with a principal building or use; (2) Is subordinate to and serves a principal building or use; (3) Is subordinate in area, extent or purpose to the principal building or use served; (4) Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and (5) Is located on the same or adjacent lot under the same ownership as the principal building or use served. An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid - mounted or other moveable structures. This code change would continue to subject accessory buildings to the development requirements in the Seward City Code, but would remove the necessity for the property owner to vacate an interior lot line before constructing an accessory building on an adjacent lot under their ownership. Some examples of Seward Code requirements that would continue to be reviewed for compliance are: setbacks; use; allowed only in conjunction with a primary structure and use; building codes; fire codes; and height restrictions. Allowing the construction of accessory buildings on an adjacent lot under the same ownership may promote additional orderly development in Seward by removing a financial and process barrier for both residential and commercial improvement. The construction of accessory buildings on an adjacent lot may provide additional benefit for the general welfare of Seward's residents. Property values could potentially rise with additional development and businesses might be encouraged to expand their facilities. Basic research of other municipal codes across the nation shows a mix of community codes. I was unable to discover a clear preference nationally for either the practice currently required in our code vs. the option before you tonight. Locally, Anchorage and other Kenai Peninsula Borough Communities that have adopted a Zoning Code only allow accessory buildings on the same lot as the principle building or use served. INTENT: This Ordinance will allow for the construction of accessory buildings on an adjacent lot under the same ownership. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: None. ,/� � Approved by Finance Department: or ATTORNEY REVIEW: YES X No RECOMMENDATION: Council enact Ordinance 2010 - , to allow accessory buildings on adjacent lots of the principal building or use served. 64