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HomeMy WebLinkAboutRes2017-017 Sponsored by: Staff CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2017-17 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION,GRANTING A VARIANCE FROM SEWARD CITY CODE 15.10.220 DEVELOPMENT REQUIREMENTS TO JEFF HAMILTON, HAMILTON CONSTRUCTION,LLC,PERMITTING AN EXCEPTION TO THE ZONING CODE MAXIMUM BUILDING HEIGHT TO ALLOW A 65 FOOT STRUCTURE ON LOT 1, BLOCK 3, FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, 3301 JELLISON AVENUE,WITHIN THE INDUSTRIAL ZONING DISTRICT WHEREAS, Hamilton Construction, LLC. requested a variance to exceed the maximum building height on Lot 1, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center within the Industrial Zoning District; and WHEREAS, the maximum building height allowed by Seward City Code §15.10.220 Development Requirements is 34 feet; and WHEREAS, Hamilton Construction, LLC requested the variance to construct a roofed structure with a total building height of 65 feet; and WHEREAS,as required by Seward City Code§15.01.040,Public Hearings,property owners and lease holders within 300 feet of the requested variance parcel were notified of the proposed action, and the property was posted with public notice signage; and WHEREAS,having complied with the public notification process;on December 5,2017,the Seward Planning and Zoning Commission held the required public hearing on the Variance Application. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. In accordance with SCC§15.10.325.D,the Commission shall establish a fording that all of the following conditions have been found to exist prior to issuing a variance permit: 1. The proposed action must be consistent with all of the general conditions required for a conditional use permit. The project is consistent with all of the conditional use permit requirements as follows: Seward Planning and Zoning Commission Resolution 2017-17 Page 2 of 5 A. The use is consistent with the purpose of this chapter and the purposes of the zoning district. Finding: The purpose of the Zoning Code is to promote public health, safety and general welfare by providing for planning and land use regulations within the City. The property is zoned Industrial. According to the Zoning Code,Land Uses Allowed Table,Boat, commercial building/fabrication,Boat, repair&maintenance, and Boat, storage commercial are all allowed as outright uses in the Industrial District. As identified in the Zoning Code 15.10.220,b., the purpose of the building height standard is to prevent loss of life or excessive property damage through the inability of the City Fire Department to reach upper stories or roofs and to help maintain the character of neighborhoods. Although,the proposed roofed structure,by definition, exceeds the 34 foot building height limit,the proposal does not increase the occupied work area or change the proposed use of the property. The proposed use as a vessel repair facility is consistent with the purpose of the Zoning Code and the Industrial Zoning District. B. The value of adjoining property will not be significantly impaired. Finding: The structure is located on a.87 acre parcel that is owned by the City and will be leased to the applicant. All adjoining property is zoned Industrial. The parcels to the North contain the City's electric substation on Lot 1, Block 1; the Shoreside Bulk Storage area located on Lot 2,Block 1 and the AVTEC Fire Training Facility located on the remainder of Block 1. The parcels to the East within Block 3 are owned by the City,and currently leased. The large approximately 12 acre parcel to the South is owned by the City and currently contains the City boat storage yard. Further to the South is a parcel leased to Vigor, which contains a 110 foot high structure used for vessel maintenance and repair. There is no indication the proposed structure will significantly impair the value of adjoining Industrial properties. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: The proposed use of the property as a ship repair facility is in harmony with recommendations of the Seward Comprehensive Plan. Under both the economic development and land use goals of the Comprehensive Plan, specific recommendation's are made to continue efforts to develop the Seward Marine Industrial Center as a major industrial area of the community. In addition, the Seward Marine Industrial Center Development Plan, adopted by City Council Resolution 2008-33,recommends reviewing the Zoning Code for height,setback and other requirements to determine if they are consistent with the desired industrial center development. Seward Planning and Zoning Commission Resolution 2017-17 Page 3 of 5 D. Public Services and facilities are adequate to serve the proposed site. Findings: According to Seward Fire Chief Athey requests that there be no storage above two stories. The Commission also recognizes that the higher levels of the structure are not intended for human habitation. The proposed building height does not negatively impact existing road access for emergency services vehicle response. The purpose of the roof is to enclose an area for vessel repair operations and provide workers with.a protected work environment. Furthermore,the applicant has stated that the structure will be equipped with sprinklers. Adequate police and solid waste disposal services are available to the lease site. The applicant intends to provide private use power and sanitary facilities and will work with both Public Works and Electric departments before building the structure. Based on this analysis, the Commission fords that the public services and facilities are adequate to serve the proposed site. E. The proposed use will not be harmful to the public safety, health or welfare. Findings: To obtain a building permit issued by the City,the applicant is required to submit current engineered building plans for review that meet the International Building Code as adopted by the City Council. As required by City Code the structure shall meet all setbacks and zoning requirements. It does not appear that the proposed 65 foot building height will be harmful to the public safety, health or welfare. F. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant These may include but are not limited to measures relative to access,screening,site development,building design, operation of the use and other similar aspects to the proposed use. 1. The applicant shall obtain a current Building Permit before construction begins on the site. 2. The applicant will contact the Public Works and Electric departments before construction begins on the site 3. Per the Fire Department requirements, a driveway entrance from Jellison Avenue to the site shall be established and maintained for emergency vehicle access. 4. The applicant shall obtain all necessary Federal, State and local permits required for the vessel maintenance work. 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. Finding: The special conditions and circumstances peculiar to this land is the fact that the property is designed,by the City of Seward as a vessel maintenance and repair area. The vessels designed to Seward Planning and Zoning Commission Resolution 2017-17 Page 4 of 5 use this area are large and require the use of the City's 330 Ton Travelift. The 330 Ton Travelift was purchased and put into operation in 2015 to fill the demand for lifting vessels too small to economically use the Syncrolift platform but to large for the City's 50 Ton Travelift. By necessity any structure designed to accommodate the 330 Ton Travelift, and/or vessels using the Travelift, would have to exceed the 34 foot maximum building height limit. 3. The special conditions and circumstances were not caused by actions of the applicant. Finding: The City of Seward developed the area as the Seward Marie Industrial Area and operates the 330 Ton Travelift on the property,and therefore the special conditions and circumstances were not caused by actions of the applicant. 4. Financial hardship or inconvenience shall not be a reason for granting a variance. Finding: The reason for granting this variance is to support the development of the Seward Marine Industrial Center by providing year round ship repair work in a protected environment. No financial gain or loss has been considered in this review. 5. No nonconforming land uses or structures within the district were considered as grounds for granting the requested variance. Finding: This condition has been met. No nonconforming structures were considered in this review. 6. The requested variance is the minimum variance necessary to permit the reasonable use of the property. Finding: The Seward Marine Industrial Center(SMIC)was built for the purpose of developing a vessel repair and maintenance area,including ship enclosures that would provide year round vessel repair work in a protected environment. 7. The requested variance will not permit a land use in a district where the use is prohibited. Finding: The property is zoned Industrial. The proposed use of the property as a vessel/ship repair facility is allowed as an outright use in the Industrial District, and therefore the requested building height variance will not permit a land use in a district where the use is prohibited. Section 2. The Planning and Zoning Commission finds the request meets the review criteria required for granting a variance,and hereby approves the request by Hamilton Construction,LLC for a variance from Seward City Code(SCC)§15.10.220 DEVELOPMENT REQUIREMENTS,to allow the construction of a vessel repair structure with a maximum building height of 65 feet, on Lot 1, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, subject to all conditions in Section 1, Subsection F. Seward Planning and Zoning Commission Resolution 2017-17 Page 5 of 5 Section 3. In accordance with Seward City Code§15.10.325.E., this resolution shall take effect ten(10) days after its adoption,provided it is not rescinded, amended or appealed. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of December 2017. THE CITY OF SEWARD,ALASKA i e ...,--.4.,A._.....„ Cindy un., Chair AYES: Fleming,Ambrosiani, Seese,Anderson, Charbonneau, Ecklund NOES: None ABSENT: Swann ABSTAIN: None VACANT: None ATTEST: II4t . f ,G�.�A. 1.1renda Ballou, I J W'vvl C City Clerk .••y OF SElvq•. �� ��.a...... ..... 4y �I (City Seale((', JR43 ,p` )% 146: t --e-- �a • • SEAL • ti,, F OFACP.••' , s