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HomeMy WebLinkAbout06272019 City Council Packet- Lindell Appeal Hearing BOARD OF ADJUSTMENT Record of Appeal Produced June 21, 2019 by the City Clerk Appeal Hearing Thursday, June 27, 2019 Council Chambers, City Hall 5:30 p.m. RECORD OF APPEAL for Board Of Adjustment Appeal Hearing Thursday, June 27, 2019 at 5:30 p.m. City Council Chambers TABLE OF CONTENTS PAGE Appeal Application &Proof of Fee Payment Received ....................................... 2 Clerk's Letter Accepting Appeal .................................................................. 6 PublicHearing Notice .............................................................................. 7 APPELLANT MATERIALS Letter from Matt Lindell—Dated June 20, 2019 ................................................ 10 COMMUNITY DEVELOPMENT /PLANNING & ZONING MATERIALS Lindell Correspondence—Dated January 2, 2018 —March 20, 2019 ........................ 13 Community Development CUP Checklist& Supporting Documents ....................... 42 Planning&Zoning Commission Meeting Packet Excerpt—Pages Referencing the Lindell's Conditional Use Permit ................................................................. 63 Verbatim Transcript of May 7, 2019 Planning&Zoning Commission Meeting ........... 82 Planning & Zoning Commission Resolution 2019-006 —Approved May 7, 2019 ......... 102 Approved Conditional Use Permit#2019-05 ................................................... 119 Lindell Correspondence—Dated May 8 —31, 2019 ............................................ 121 WRITTEN REBUTTALS Rebuttal from Mark Kulstad—Dated June 12, 2019 ........................................... 131 Rebuttal from Mary Kulstad—Dated June 18, 2019 ........................................... 132 1 l - a CO Matt&Shelly Lindell 1.51 W 79'r Ave MAY 28 2 N Anchorage,AID 99515 907-830-3413 j 5-23- 019 Tvt,�, 5( Appeal Board Members who have conflict of interest We would request the rental property owners recuse themselves from, commenting on this matter as it is a conflict of interest. It is our understanding this should have been done prior to the public hearing. ,S 61 l . rlie applicant shall work with City staff througli the building permit process to address and accomplish any required. upgrades or modifications prior to the issuance of any business licensing relating to the mixed use of the property. Appeal the need for CUP: I,ipon review of'your Short Tcrm Lodging permit and Business License for 232 5er' Ave, we found that there was no CIJP on file. This historic building has been used for monthly apartment rentals prior to 1978 and therefore was allowed as a legal nonconforming use SCC §15.10.315 (C Anzv land, structure, or use that legally existed larior to hire 6, 1978, first does not meet the requirements (#'this chapter,tear, shall be considered -gyred ca noncogl'brtnirrg lent, structure or use, SCC §15.10.325 (G)(4)A conditional use pe?rrrait is not trans errcrb/eftom one parcel cal land to another. ("'lo ditionaal use permits may e trcar#,,rr eYal,�i oin one owner to another ,fc)r tiro wsaaine use, but r, „there is ar change, in use on they pr°porn=, ar nee i�permit must be obtaineJ We haven't changed the use of the property. They are still apartments. 70% are long term rental apartments and 30% :are nightly rental apartments. We applied. for a short term Lodging permit for.the 2 units as rewired by the City. If you the board is clanging our classification then it changes for all the units. The proposed requirements becomes cost prohibitive and thus males it a poor economical choice to continue to provide affordable long-term rentals. . All parking and maneuverability shall remain on site for the life of the use. Seven (7) parking spaces are required . 2 Appeal Parking#3 During the public hearing,the board was trying to determine required parking based on how we are classified. In a matter of minutes we were classified as 3 different uses. Apartments,Hotel and multi use. It was determined a multi use. It was then determined to go by the strictest classification,which was decided as Apartments. We have now come full circle back to being apartments and we haven't changed our use in regards to parking requirements and we were allowed to operate prior to 1978 and since with only 3 parking spots on site. Regardless we added a 411,in order comply with Central business zoning. Classified a Hotel because we have 2 nightly rentals,when we are in fact still an apartment building,which requires a CUP. We either have changed to a hotel or we are still an apartment. It appears our classification changes based on the topic being discussed. Furthermore,it was determined we had to have 7 spots,but no mention that the spots must be "remain on the site for the life of the use. " The City of Seward has allowed businesses on our block to have parking off sight but you are requiring us to have "all parking and maneuverability shall remain on site for life of the use." This was not what was passed in the public hearing. There was no discussion of"remain on site for the life of the use." As stated by a board member,parking for the hotels requires 65%off street parking, but it appears Hotel Seward has 62 rooms,but provides approximately 25 parking spots. Best Western has about 75 rooms but no on sight parking. 51h Ave gym leases parking from Petro Marine. None of these meet the required "on site for the life of use"you have mandated for us. Is there a reason we require a different condition for only us? 8. The applicant shall, obtain a professional architectural code study to address the change in use of the building. Appeal Architectural Code Study In the public hearing it was voted on requiring an architect to write up a code compliance report. On the document we received we are required to obtain a professional architectural code study. These are two completely different documents. A board member requested a working session in regards to the architectural code study&compliance. We would like to appeal the boards ruling on this requirement 3 due to the discussions and findings from conversations we have had with an Engineer and an Attorney. Research should be done by the city on the financial repercussions this has on all further CUP's could be essential. The research could help determine who should insure the cost of the Architect. Currently there is no Architect in Seward familiar with, understands and fully knows the Seward's codes and ordinances. This causes not only a time constraint but a financial one. The man hours required to become proficient is enormous. One CUP should not have to bear the burden. A working session would allow for discussion on what the costs to all the future CUP's should be and also narrowing down a source to become proficient on the behalf of the business owners of Seward requesting a CUP and the C"of Seward. This allows for a more standardization and proficiencies for Life and Safety inspections. Process and procedures could then be outlined for all future CUP's. Just passing a new compliance rule without any research could have a negative impact the City isn't prepared for. Shelly L: dell a t etL Lindell e 11 5123/2019 6/23/2019 4 CITY OF SEWARD RECEIPT# 28507 410 ADAMS STREET 5/30/2019 PO BOX 167 SEWARD AK 99664 Received phone. (907) 24-4050 From Lookup Name. Past Type Check Amounts 11122 COMMUNITY DEVELOPMENT Credit Card 330230415 Due 300.00 Tendered 300.00 Change Due Description- Zoning code appeal fee - Lindell Matthew .Zoning Fees 300.00 5 0 Main Office (907)224-4050 0 Police(907)224-3338 CITY OF SEWARD 0 Harbor(9,07)224-3138 PO, BOX 167 0 Fire(907)224-3445 SI-VARD, ALASKA 99664-0167 0 City Cterk(907)224-4046 0 Engineering (907)224-4049 0 Utilities(907)224-4050 0 Fax (907)224-4038 May 30, 2019 Matt & Shelly Lindell 1 ]51 W. 79"' Avenue Anchorage, AK 99518 RE: Appeal of Conditional Use Permit Dear Mr. & Mrs. Lindell: This letter is to confirm that on May 28, 2019, the city clerk received your appeal for the Conditional Use Permit that was approved by the Planning & Zoning Commission on May 7, 2019, and also to confirm that the Zoning Appeal Fee of $300 was paid via telephone by Mr. Lindell oil May 30, 2019. 1 am writing to confirm that your appeal is considered timely and has been accepted. Seward City Code 15.10.415 requires the city clerk to schedule an appeal hearing within 30 days. I.Jsing May 30, 2019 as the acceptance date, the deadline Would be Rinc 29, 2019, but because that is a Saturday, the deadline is moved to Monday, July 1, 2019. On Julie 10, 2019, the City Council will schedule the date of the appeal hearing; I will recommend that the hearing be scheduled sorne time during the week of June 24, 2019. Seward City Code 15.10.425 allows for you, as the appellant, to file a written staternent which summarizes the facts and sets forth pertinent points. The written statement must be received by the city clerk no less than seven (7) days prior to the appeal hearing date. Enclosed is a copy of Seward City Code Title 15 -- Planning and Land Use Regulations, Article 4 Appeals, for your reference. Sincerely, I/renida J. Ballou, MMC City Clerk 6 • PUBLIC NOTICE NOTICE OF APPEAL HEARING NOTICE IS HEREBY GIVEN that the Board of Adjustment will conduct an appeal hearing on the following item of business: Resolution 2019-006, A Resolution Of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To Shelly Lindell To Operate A Mixed Use Seven (7) Unit Multi Family Dwelling On Lot N10 Feet Of Lot 36 And All Of Lot 37 Block 8, Original Townsite, Located At 232 Fifth Avenue; Within The Central Business (CB) Zoning District. Thursday, June 27, 2019 at 5:30 p.m. City Council Chambers The hearing will commence in the Seward City Council Chambers located at 410 Adams Street, Seward. All interested persons are invited to attend the meetings. POSTED: Tuesday, June 11, 2019 REPOSTED: June 12, 2019 City Hall bulletin board U.S. Post Office Harbormaster's Building Seward Community Library Museum 7 CITY CALENDAR ..................... .................................. HISTORIC PRESERVATION COMMISSION And 14805004,S16&518 First Avenue,For The Total Resolution 2019-011 Granniag A Conditional Use Permit PUBLIC NOTICE MEETING AGENDA Amnunt Of$72,000 To Brad grazier Tn Accordance With To Elliot Jack on dba Seward Lodgin LLC To Operate NOTICE OF APPEAL HE Friday,June 14,2019 at 730 p.m. Seward City Code Section g7.05. DTixed Use Commercial Building Including Restaurant, City Council Chambers Resnlution 2019-OS7,Authorizing The Competitive Sale Housingg,,and Nightly Lodging Accommodation On Lot NOTICE IS HEREBY GIVEN that the Seward City 1.CALL TO ORDER Of The Properties Described As Lot 31,Block 27,Original 4A Blocic 3,Original Townsite Scasalt Replat,located At Council will conduct an appeal hearing on the following 2.PLEDGE OF ALLEGIANCE Townsite cot Seward;Tax Parcel TO No.14805005,526 133 Fourth Aveime;Within The Central Business(CR) item of business on Inuits 3.ROLL CALL First Avenue,For The Total Amount Of$31,500 To David Zoning District y,June 27,2019 at 5:30 p.m. 4_CITIZEN COMMENTS ON ANY SUBJECT EXCEPT Kingsland In Accordance With Seward City Code Section The following resolution was amended and approved: in City Council Chamber,: THOSF.TTADTS SCHEDULED FOR PUBLIC 97.05. Resolution 2019-OM", 019 Old'Of The Planning And Znnng Resolution 2019 006,A Resolution Of The Planning HEARING Resolution 2019 058,Authorizing The Competitive Sale Commission Of The Cty Of Seward,Alaska,Amending And Zoning Commission Of The City Of Seward, S_APPROVAL OF AGENDA AND CONSENT AGENDA Oflhe Properties Described As Lot 32 Block 27,Original AdministratiVoi j,ing Fce:LEor Land Management,Signs, Alaska,Granting A Conditional Use Permit To Shell 6.SPECIAL RFPORTS Townsite Of Seward;Tax Parcel ID No.14805006,522 Zoning And Platty!) Jf,'�uests. g Y A.Cty Admnmstraton Report First Avenue,For The Total Amount Of$30,300 To Tom The May 7,.2019 Re+Ctlar Meeting Minutes were approved. Lindell To Operate A Mixed Use Seven(7)Unit Multi B_Chair-Report Touggas In Accordance With Seward City Code Section The tin Y$20L oil+)8 scion topic as set as:'Lodging Family Dwelling On Lot N10 Feet Of Lot 36 And All Of C.Other Historical Preservation Reports(when 47.05. ,,9 P c`^' available) Review" ,,. Lot 37 Block 8,Original Townsite,Located At 232 Fifth ') The May 13,2019 City Council Regular Meeting Minutes Avenue,Within The Central Business(CB)Zoning 7_Friends nt the Jesse Lee Home were approved UIfC.OMING MEETINGS ) g 2.Resurrection Bay Historical Society District. 3.Idit od Trul Bl z s There was anon-objection to the Regular Transfer of Historic Prese6ation Commission Work Session Ownership)for Thorn's Showcase Lounge,LLC,Beverage Fnclay June 14,2019 at 6:00 p.m. The heann will commence in the Seward C[ Council 4.Alaska Nellie Materials Dis ensai License#1130 and an approval of die Tran&ter //i ,o g y p } pp City Council Chambers 5.Mapping Project-Historical Properties of the ExistingRestaurant Designation Permit. "" Chambers located a[410 Adams Street,Seward All 6.Rockwell Kent Centennial g ',,pic.]3hs<uss the upcoming CLG grant application interested are invited to attend the meeting,, The following item was postponed to June 24,2019:,, Historic Preservation Commission Meeting persons gs 7.PUBLIC HEARINGS None ' K Read,discuss li update the it's harassment&sex>Szl p PORT AND COMMERCE ADVISORY BOARD 8.UNFINISHED BUSINESS None P > � Friday,June 14,2019 at 7 30 m. harassment policies. City Council Chambers 9.NEW BUSINESSty NOTICE OF VACANCY A.Other New Business Items The random drawing for the Yeosu,Soulli,Id$B iCL 1 $ Planning&Zoning Commission Work Session 1.Review and approve hove the Certified Local 'as performed and t he winner was th ward Booster, ' , T 1 .9ssocnation /ej� Tuesday,June 18,2019 at 6:00 p.m. The City Council is seeking applications from ahzeiu of Government(CLG)Grant&ReporL ii City Council Chambers Seward and the surr undin interested in serving on 2.Elect a Chair&Vice Chair The June 13,2019 work session to d&s etc ubd4V9io,, , Topic:Lodging Review the Port and Commerce Advisor Board PACAB 3.Schedule next work session and meeting. requirements&housing wasresShed led.tiX�fi ie 24, BY4'� 1 ( ) 10_ INFORMATIONAL ITEMS AND REPORTS No at 5:00 p.m PUBLIC SAFETY FORUM ( Thursday,June 20,2019 at 5:30 m. There are two(2)seats available with terms expiring in Action Required) PLANNING&ZONING COMMISS��}N' Seward C onimunit Librar Mee um July,2022, A.CLG I f no ACTLJjJV AGENIM y y B_Historical- Preservation Commission June 4,2019 Community Room PACAB meets on the first and third Wednesday of cacti Pr t This is an informational meeting All public is invited month during the lunch hour tram 12.00 to 1:00 C.Historical Preservation Commission 2019 Calendar The following resolutions hay,]public hearings and were g pm.,or U_City Council Calendar approved: City Council Work Session at other times as needed,if requested by the Chair. y Friday, one 21,2019 at 12 00 p.m 1 L COMMISSION COMMENTS Resolution 2019-009 Reconion,;',fly,City Councit Cty Council Chambers Application forms are available in the office of the City 12. CITIZENS'COMMENTS Approval Of The Rezoning OfLoi 2SA Marathon Topic:Review the tine 24,2019 Agenda Packet U. COMMISSION AND ADMTNTSTRA'I'ION Addition Whitehorn Replat,Located At 513 First Avenue, P J g Clerk.Completed applications forms must be filed with RESPONSE TU CITIZENS'COMMENTS From Institutional(INS)To Single-Family Residential City Council Work Session the clerk Please call the City Clerks office at 907-224- 14. ADJOURNMENT (RI)- - - - 4046 if you have questions or need more intornia[ion. Resolution 2019-010 G anong A Conditional Use Permit RESCHEDULED TO CITY COUNCIL MEETING ACTION AGENDA To Carroll tilt Robert O'Neal To Upeate A Four(4)Unit Monday,June 24,2019 at 5:00 p.m. Completed application forms must be filed with the derk June 10,2019 Muni Family Dwelling On Lot 21A Block 25,Original City Council Chambers no later than 5 00 p in,Friday,July 12,2019_the Seward The following resolutions were approved: Townsite of Seward Located At 402 Second Avenue; Topic:Discuss Subdivision Requirements&Housing City Council will consider and appoint board members at Resolution 2019-056,Authorizin The Competitive Sale Within The Auto Commercial(AC)Zoning District, City Council Meeting the July 22,2019 meeting_ Of The Properties Described A Dots 29 And 30,Block 27, The following resolution had a public hearing,was Monday,June 24,2019 at 7:00 p.m. Uriginal Townsite Of Seward;Tax Parcel ID No.14805003 amended,and approved: City Council Chambers lo)tya't°*Catfd 1tl1 rc(tlrilrug alclpy of tYlls 5oa=p1rt9 City Cdla°11d,I]vld('-mad?(fLllTflaotiva(.1Cy C1(lk at or tall 224 41Y45.C](a.k out yc)Iue¢,lays o00(at Send i1ny� comments or future su,ggotiom i1�1out thelr 0site to c'It,rk4tl rlAyofs�( ard.ntq�. 8 . .. .. ._..2.— PO#1592 Publish an Junc 12,2oly CITY CALENDAR CITY COUNCIL MEETING AGENDA For A Total Amount Of$2881.99,And C Planning&Zoning Commission 2nd Qunrler 2019 Port&Commerce Advisory Board Monday,June 24,2019 at 7:00 P.m. Appropriating Funds. Report Climate Action Plan Ad Hoc Committee Meetings City Council Chambers '2.Resolution 2012 060,Amending Rule 9 Of The D_Port&Commerce Advisory Board 2nd Quarter 2079 Wednesday,June 26,2019 at 12:00 p.m. 1_CALL TO ORDER City Council Rules Of Procedures To Include Repast Fes Art Coffee House 2.PLEDGE.OF ALLEGIANCE. Parameters For Presentations. F.Historic Preservation Commission 2018 Annual Pond of Adjustment Appeal Hearing 3.ROLL CALL '1 Resolutimt 2019-061,Opposing Kenai Peninsula Report on dof27,2019 at l fl 4.CITIZEN COMMENTS ON ANY SUBJECT EXCEPT Borough Ordinance 2019-09 Levying A 12 F. Deputy City Cle�s Memo on 2019 InternationalThursday,June p_m_ THOSE ITEMS SCHEDULED FOR PUBLIC Percent(12%)Tax On Temporary Lodging, Student Exchan'¢' City Council Chambers HEARING Exempting Temporary Lodging Rentals Prom ILCOUNCILC4,(yf,MEN1S PUBLIC NOTICE 5.APPROVAL OF AGENDA AND CONSENT AGENDA General Borough Sales Tax And Allowing Cities 12.CITIZEN COMMENT. NOTICE OF APPEAL HEARING 6.SPECIAL ORDERS,PRESENTATIONS AND That Levy A Srmrla,Sales Tax On Temporary 13.COUNCII!¢%1``4D AD�u"1� ISTRATION RESPONSE. REPORTS Lodging To Exempt Up To One Half Of The TO CITIZEN f,DMiM'ENTS NOTICE IS HEREBY GIVEN that the Board of A.Proclamations and Awards Borough Temporary Lodging Tax,Subject To 14 EXECJJTIVE SE,$ION Adjustment v,ll conduct an appeal hearing on the 1.Seward Historic Preservation Award to Cliff King Vote,Approval. A G6`111;to Exec ttv$�essfon,per SCC 2A'.03o(b) t ll wising iten fbu- ss on Thursday,June 27,2019 at &Linda Chichester "4.Resolution 2019 062,Authorizing The City „(1),for the J}AtrpoJC f3)labor negotiations with the 5.30 p m_in City Council Chambers_ B_Chamber of Commerce Report Manager To Enter Into An Agreement Willi Gov- International:Broth€fhood of Electrical Workers Resolution 2019-006,A Resolution Of The Planning C.City Manager Report Rates,Inc.For Consulting Services For The Water (IBEW) And Zoning Commission Of The City Of Seward, D.City Attorney Report And Sewer Classification Plan And Rate Study For If(,o into Exe<SiBive Session to discuss the city Alaska,Granting A Conditional Use Permit To Shelly E.Other Reports and Presentations An Amount Not To Exceed$32,300,And tiaanager pxzYfi�rmance,per SCC 210.030(b)(2). Lindell To Operate A Mixed Use Seven(7)Unit Multi 1_Kenai Peninsula Economic Development District Appropriating Funds. /// h5f A�)JGIJRNMENT Family Dwelling On Lot N10 Feet Of Lot 36 And All Of (KPFDD)Report by Council Member Lane 'S_Resolution 2019 063,Authorizing Submissiei4' Lot 37 Block B,Original Townsae,Located At 232 Fifth 7.PUBLIC HEARINGS None Of A Joint Application With The Alaska RailPbad %!%HISTORIC PRESERVATION COMMISSION S.UNFINISHED BUSINESS Corporation(ARRC)To'lhe U.S.Department Of MEETING ACTION AGENDA Avenue,Within The Central Business(CB)Zoning A.It .Postponed tponed from Previous Agenda Transportation Build Grant Program For June 14,2019 District. L Read,discuss&update the Crty's harassment Expansion Of The Alaska Railroad,Jpyjumat Thetommission reviewed and approved the Certified The hearing will commence in the Seward City Council &sexual harassment policies Postponed from Reserve Freight Dock And Zci &h 'Of,,J'ort ///,;;,,,J6cal Government(CLG)Grant application. Chambers located at 410 Adams Street,Seward All J 0 2019. Avenue the following item was postponed to the next mee ling oninterested persons are invited to attend the meetings2_D elan .t.&benefits ofa forensic audit C_OtherNewBusinessItems � September 12,2019:Elect a Chair&Vice Chair. pORT AND COMMERCE ADVISORY BOARD lightof constituent concerns Postponed from '1.Approval oL nhe May 28,20y Coun 1J„% UPCOMING MEETINGS NOTICE OF VACANCY June 10,2019. Regular Meeting M ute5,,, 3.Discuss KPB Ordinance 2019-011,Repealing KPB '2_Approval of the June LS#`2�19 Ctty Council PUBLIC SAFETY FORUM The City Council is seeking applications from citizens of 5.18 430(F)Which Requires Voter Approval to Regular Meeting INifiutes. Thursday,June 20,2019 at 5:30 p.m. Seward and the surrounds area interested in serving on Tncrease Sales Tax Ca Postponed from June 10, 3.Schedule a oint y k sessi n w th the, rt& Seward Community Library Museum the Port and Comore—Advisory Roard(PACAB)p. [pone J 7 ,9 2019 Commerce Ad taf5ry Board(PACAB to discuss Community Room There are two(2)seats available with terms expiring in 9_NEW BUSINESS the Seward ArrporC /�,' This is an informational meeting.All public is invited Judy,2022 A.Ordinances for Introduction 4.Read and review tl e city rganizational City Council Work Session PACAB meets on the first and third Wednesday of each '1 Ordinance 2019-010,Amendimr The Zoning chart,and discuss high p2,Gformance organization Friday,June 21,2019 at 12:00 p.m. y Designation Of Lot 23A Marathon Addition core principles.(Lane) ,,,. month during the lunch hour from 12 00 to 1:00 pm.,or City Council Chambers at other times as needed,if requested b the Chair. Fro?Institutional Replan,Located Ai gle Famil venue, 5.Discuss and develop l ti.(Tow for revising the Topic:Review the June 24,2019 Agenda Packet y From Tnstil(Rl),I QNS)To Single-Family With The discs ss the Strategic Plan.(Townley) P J g Application forms arc available in the office of the City Residential RL,In Compliance With The Lind 6_Discuss the ise formation of a policies, o working City Council Work Session ( ) p� possible Clerk.Completed applications forms must be filed with Use Plan. to review and revise city-wide policies,worl7ng the clerk Please call the City Clerks office at 907-224- B_Resolution, in cooperation with the city attorney and RESCHEDULED TO 1 } } fo '7 Resolution 2019 059,Accepting Funds From administration_(Townley) Monday,June 24,2019 at 5:00 pan. 4046 if you havequestions or need more in rmation. The Seward Trailblazers In The Amount Of 7.Discuss city compliance with city code(Townley) City Council Chambers Completed application forms must be filed with the clerk $979.25 And From The Kenai Mountains- 101NFORMATIONAL ITEMS AND REPORTS Topic:Discuss Subdivision Requirements&Housing no later than 5:00 p.m.,Friday,July 12,2019.The Seward Turnagain Arm Corridor Communities (Na Action Required) City Council Meeting City Council will consider and appoint board members at Association In The Amount Of$979.00 To A On-going City Project and Goal List Monday,June 24,2019 at 7:00 p.m the July 22,2019 meeting. Upgrade The Seward Museum Iditarod Exhibit, B.April,2019 Provide,,,,&City of Seward Financials City Council Chambers ..s; ,Ee,..:,,,.: ,„� .,.r 24,,,� . :,.� r ,, r., .r , . ..� .. ,... loltya`tsCatCd Itll rcttirrlrug i1+clpy IIG tYlis 5t�ea=p1r(9 t..�i11,'�.dla'11(,t{�19 vhs(,mail?1fLIIIfla(fl�tiva(.1Cy l�lLlk�at cictNl(llyvrll5(.1ar�lo�l.lTt1 alt call L����1Y4�.C l(a.�out ycll�ue¢,1lys u�c.las�N(�eJ�wwl^v.cltgc7Cser�tllcl.(uw.Send wny comments or future su,ggcstlom i1boul the jv0site to c 1t,rk,0TityofSe°W7rii.rkq 9 PO M92 Publish on,Tune 19,2019 June 20, 2019 City of Seward PO Box 167 Seward,AK 99664-0167 RE: Appeal Hearing for Resolution 2019-006 Dear City Council Members My name is Matt Lindell. My wife, Shelly and I own the building at 232 Sth Ave. I have worked in the construction field for 34 years. In that time I've worked in numerous municipalities, three different states, and over seas in two countries. We are currently working with the Community Development Department to jointly present an adjustment to modify the planning commission's decision. We have hired an Architect to provide us with a code study and hope to have a copy available for the Community Development Department before the appeal hearing. Why then are we appealing that amendment? The fire department made the request to make it mandatory for all Conditional Use Permits moving forward should be required to have a code study performed and the commission voted and passed that as a requirement. In the case for our building we believe it is necessary for a code study. How to bring a building constructed in 1905 up to current life safety standards is definitely a job for an expert and not the responsibility of the fire and building departments. A building that needs a few minor upgrades that the fire or building department could point out may not need to hire an architect to perform a code study. Under this new provision they would be required to. During our research and as one of the commission members suggested,the commission should consider conducting a working session with the fire and building departments on this topic to determine when and if a code study should be required. The owners of Hotel Seward state that we are requesting exceptions from code enforcement based on profit margins and that we can't afford the cost. They are misinterpreting some of our statements. The opposite is actually true. We have been working with P&Z since March of 2018. The people we have worked with have been helpful in pointing us in the right direction in order to supply the proper documentation. By no means have we ever asked for any exceptions. 10 Our original intention when purchasing the building was to take a rundown and neglected historic building and make it a clean safe place for local residents to live. A positive return on investment is of course also important. We consider it a long- term investment not a means for short-term high profit margins. We have consulted with the building department on when a building permit is required and what code they have adopted. Up to this date we have concentrated on cosmetic changes to the building that do not require a permit to make the apartments what we consider livable. We have also removed a consider amount of trash, abandoned contents and building materials from both inside and outside the building. We are proud of what we have achieved so far but would like to do more. Changing several units to nightly rentals will aid in covering some of these costs. Keeping the majority of units as apartments is also important to us and fulfills a significant need in the community. By changing to a mixed-use building we are willingly opening our building up to stricter code and life safety requirements. Parking is a big problem on Sth Ave. Availability of a public parking space is directly related to the check-in and checkout times of Hotel Seward and the Edgewater hotel. All one needs to do to see this is to stand on the street during those times and observe. We are located in the Central Business district where there are no requirements for providing onsite parking. The requirement on the lodging permit requires 4. For years our property has been operating with 3 onsite parking spaces. We are in the process of reconfiguring the space that was used for garbage/recycling collection into a 4th parking space. Based on the size of our units, changing the use of several of the apartments will not change the parking burden our tenants and guests place on public parking from what they have been in the past. For long-term tenants the space is ideal for only one person with one car. As a nightly rental it can accommodate no more than 2 adults comfortably. They would most likely arrive in one car, the train or a cruise ship. We have taken steps to comply with the parking requirements for acquiring a lodging permit. Increasing the requirement to 7 onsite spaces will not solve the parking situation on Sth Ave. Our architect will be including a letter expressing his findings on the topic as part of the code study. 11 Finally we believe Tom Swann, one of the zoning commissioners, has a potential conflict of interest we believe you should take into consideration. He is an adjacent property owner within 300' and was notified of his rights to come and speak at the proceedings. He also owns and operates The Swann's Nest,which provides nightly rentals of a similar nature to ours at that location. We believe he should have recused himself as a commission member from the proceedings. He has every right as a citizen of Seward and adjacent property owner to comment and voice his concerns on our request for a Conditional Use Permit. The time for that was when the topic was open for public comments not when the discussion was reserved for commission members only. We encourage you to look into the role he played in the commission's discussion period of the proceedings and how it impacted the amendments that were added to the Permit. Does he benefit from making it more difficult for us to obtain a Permit? I believe he does. Thank you for your consideration. Sincerely, Matt Lindell 12 ixµ A .. 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FOR*Vince USE ONLY , W y .4 '4°4' yE'R 44 ws^swa�ra.��arranr�w:amru'"�nrc�ma'a. rtpv,,w : iwr��w�ww °awl ...... .... ....._.. ._... ,.._ "4159idr4 O SWIM ��..�,..a,,....W1'�"Fi"W'w'x,VMS Narw,'mX Zwaarwaww G wwrrewnu:w.�� 3.,.,wm� ._� ... .. u a wm w w ma i 0,9 2kx awaaro P.raR.af;,�gw.,':»Wa.„,.wr,-" .......,,.w.y+,«. "...+.,...:.�..,,.. •..�...., N 4 , 4 4w rn `�a�vaa;awaaaa '� � � i'wwiaaaa m iuwiw �4aama 13 Andy Bacon From: Andy Bacon Sent Friday, May 11, 201 10'2S AM To: shelly.findelliAimacxom Subject Lodging Permit Attachments: Lodging Permit ppMicatic�r�.pdf„2017"Annual Life Safety Irw jompdf„Application for Bed Tax,pdf 1-1,i Shelly, Attached you will find the City of Seward to ink permit,application for bed tag,and life safety inspection form. Application requirement*requiremenLs are outlined can pale 2 of the lodging permit,. You can scan and email the whole application to: �L rlk ..wt off e w g rd.net cc: tr,cfwe Loci �fwad.:.n('%t f"—,. forms can also be located in the Docu lmcnt Center on caviar rebaite,under Business Licensing. hies "hank you, Andy Bacon Plannin.g As i tant Coniniunity Development City of Seward 907-224-40149 .•r urn nr t�.r7 r,s('o P iffiuprtg4 , va,�a�raae,jar�6'v err V�;V7,. imr a„1 vejp1a tf,Ti,br eJU id I`id,v Cray Wvua'i Prro rvr,nrin k d I�ireulwv„pd Aw,,try,vvk paaru,t4fio-ed,7�„r9 VIerP i. ai�',)iuidCymp �nmv kl Ica a1r Pl n ..r my a ,a d rC,r J'u we r::4 Oi+h,ikuYw,'lai.. ,.4,ilIT"I tbeAa"p,OTW y. "'q Ir�r PI"IN rr d 0r,, %,'ITW, Ii r,r4r rr,nrioi (,Irt�,ir;;U�m rr utlp vl�¢:9;a myv ur-!f r,„��4'%.'E,fr r°u u. k+"+ IA VIM, +Iis.,o,ry ii,au':I, Owirvwwav fl 14 Andy Bacon From: Andy Bacon sent- Monday, May 21,201 2:29 PM To: Shelly Lindell Cc. Jackie Wilde Subject: PE; Lodging Permit Hi Shelly, Please send your lodging permit application to the City Clerk(clerk ut r-flew ardi.ne w it will then be routed to our department for reviewr . Thank you, Andy Bacon Planning Assistant community Development City of Seward 907-224-40,49 NOTICE: This communication is confidential,is intended only for the named recipient(s)above and may contain information that is privileged,attorney work product or otherwise protected by applicable law, if you are not the intended recipient or believe that you may have received this communication in error, please notify,the sender and delete this a-mail. Unintended recipients of this e-mail should not print,copy,retransmit,disseminate or otherwise use the information. -Clriginal Message----- From:Shelly Lindell[mail "hell linden m,ac.c m Sent:'Thursday, May 17,2018 12.06 PM o:Andy Bacon Subject: Re: Lodging Permit Thank you l I looked on my original application;and I sent it in 3/1.1/11T. Flue I"ll reseed it via a-mail. "Thank again for your help Shelly >On May 11, 2018,at 10:24 AM,Andy Bacon<abacun t cut ofsevrard.net>wrote: <Application for Bed 1ax.pdf> 15 Anidy Bacon Fromm Shelly Lindell <shelly_Jindell rnac.comn Sent Wednesday,June 27,201 6: 2 PM Tw. Andy Bacon Re: Encroachments/building awnings Andy, l am so sorry I didn't thank you before tis. I just saww this and l really appreciate the time and effort you put into answering my question! lbank you!!! Shelly O n May l, 2Cilll, at. :2PM, Andy bacon l «mmc~cmmac t rote: Hi Shelly, Chapter a � t cnn� t to the sidewalk in theave taken a couple of The Sew and ..it :ode covers Encroachments in p and Chapter � that are relevant to your request to install an awvniny,with supports of your building at 22 Fifth Avenue. ,according to axle the awning supports would be considered encroachments. rmnm�in ea;µ w h older din is found to be surveys The City generally only issues nm ro wr mn nt p ire n old building encroaching onto public property."�.1�ese essituations, end whtche discretion are completing as-built surveyors at the request c> lending institution. In � o the City Manager,the City may enter into an encroachment agreement with property owner,defining trµrmns of the encroachment, liability, and usually including a provision that states that the permit is valid for the useable lift of the building,so that the property being encroached upon returns to public miss after the life of the structure. "I"'he question regarding an awning protruding over a right of way is what Chapter 13,discusses, and this w Ould be reviewed on a caw-by-case basis thlrough t:he'Building l�m�partnac�mat, public Utilities, sand Community Developmnent„ bit of time to corrmplete the research on this question so I apologize for taking a I hope this helps, it took Hier few extra days to get back to you. Thank you, Andy Bacon Planning Assistant Community fJevOm.wprilent of Seward a 07.724-40 9 '. f11 C: v f1"srA ff„;Car, Its 'kMf b Ml Lp;'1"a tl 1n (,f 6R Xrrvrv+"$ r ri6f° Lf P ar4.T Yt r „S t L C ar l rL rnr F llP � �:„�Yi 1 b14 fr.� r c 7 V if✓,1, Vrt."r- Ire ake6 w,e ff J F r a ri C U a PrSra 9i cp e "'d r rrG, El,z,r 3" r.., .r. �g ff ,ar,.rrri n 0,q0Ojl »I m4^ri" ,�fy fhb�� k'-r r� rV, 00)� 16 imag 002,png> <ima t,,pn > 7.05.51 - Encroachments. A, It is the city's policy not to allow new or unauthorized encroachments into any public rightµof-way, land or easement. The city finds that; (i) neither the perpetuationof an existing encroachment beyond a depreciable life of the structure, nor its enlargement, a nsion, improvement or extension is deemed to be in the public interest; (ii)all encroachments considered as hazardous,obstructing motorists' line of'sight„ impeding emergency vehicle access, or impairing snowremoval„ shall be removed at the earliest availatale opportunity and (iii all rather encroachments shell eventually be removed over time. B. The city,manager may, after determining that alternatives, including but not limited to, removal of the encroachment or vacating the right-of-way are nott feasible alternatives and would not be in the public interest„ and where neither public safety, nor access is impaired„ issue an encroachment permit for the depriciabte life of the encroaching structure, t, No permits may be issued for refuse container racks„ towers„ sheds, signs or fences; 2. The city may revoke the permit upon written notice of not less than twenty days nor more than six months for the construction, improvement or use by the public of public street, sidewalk,and utility projec ts; , The encroachment may not be expanded, extended, improved or enlarged„ 4. Encroachment permit shall require the permitt to. a. Pay an appropriate fee as established by city councilresolution; b, Secure and maintain general liability insurance coverage based on appropriate minimum limits as determined by the city"s nslc manager, to protect, defend and indemnity the city during the term of the permit. The city shall be named as a certificate holder for any structure associated with a personal use single family residence,and as an addifaonal insured party for any structure associated with an activity involwing rentals, the sale of goods or, services, or any business carried out for profit-, cw Maintain the property in such a manner as to protect the public safety and welfare, d. t the expiration of the agreement or permit, remove the encroachment and restore the encroachment site to the surrounding grade leaving it in a clean„ safe and stable condition; e. Provide other assurances as deemed appropriate by the manager in order to protect the public interest and 2 17 Provide an as-built survey completed by an Alaska registered surveyor which clearly delineates all encroaching structures. All easement and encroachment permits including applicable a -built survey shall he recerded y the taerrruittee in the Seward recording district„ third judicial district„ State of Alaska. (ford. 98-05 rut Ebl§hifraud .tact Nit s to Fret tOL,IS vets 3 18 0 Main tiia (907)224 60 �r o (907)224-3338 Harbor(9 7)224-3138 CITY' OF SEWARD �.� 0 Fire(9 7)224-3445 . BOX 16 o City Clerk(907)224-4046 AR „ A LAN(Aa 99664-0167 o Engineering(907)224.4049 ... o t i itl (907)224-4050 Fax(907)224 July 3,2018 Shelly Lindell Anchorage,AK 99a1 Lindell, On July 3, 111 t rrrtarurtit Development c�t�received a larch r�tit a�ll�tuu liar your Property located at 232 Fifth Avenue,,which is zoned CentraJ BusinessDistrict On the li atlurt you rtd t the will be for two units of 1 .ng(rtl htl � in app� uu �cr� rentals which r approved u our 4usi s , License 11cation se Jam 4, 0181 Within the Central Business 1 District,t,these use require a tr rdatica 1 Permit(CUP). pleaseto§15.10-225 Land Uses Allowed Table: l lust T.— . Principal 1 Co cal Pr ncipall u�Disci s ._. ... ._���i��y Public RM INS Uses P Dwelling,mult 4mil (3 or C more un1ts ._ .. .. _.. _ _-------- (J.. .. l]tadtrr ,hotel,rraruttul,lodge, inn mm.... �._. _.... - Use Requires Conditionallank Use 1 t.,lse Permitted Outright ertnit Prohibited P- Ilse Requires Administrative 11_ lmlome Occupation Permit Arta review,of your business license for this PrOPertY,we ound that there wa..r no CUP on file. This historic budding has been used for monthly apartment rentals prior to 1978 and theretore was allo wed as a legal nonconforming use CC 1 .10.31 ( " rr land, structure, or use that l r rzr rtad" rior to `u , 19 but does rant wrest the r rementwr gj'this chapter,s�1 be considered a rrrzrrc,rrrr, rrrrzrr�l�rt„ strut-tugs or rive. 19 Nonconfonning u� allowed to continue providingis not changed or discontinued for o Specifically, a legal d did not require n CUP n it initiu but which would no r require a C UP shall be considered n le d co' inted use and may continue to exist as a conditional use subject to the conditions of Chapter 15 and may he bite m"fied in accordance . •tb§1 5.10.320. "ith the change e in Uw Of ma.CUP to brine this property into code complies- qf CC 15.10. 5("fir)(4)A conditional We Permit is w)t trawferrable roar one parcel e C land to another„ Conditional use Permits tr° `rredµ r one owner to another for the vame use, but if there is a change in uSe on the propero� a new ptrr it insist be obtained 1 bave included CUP application with this letter."11W relevantPortiow of Codeused to make tW nion have citedthisletter, f CityCode can be r at raonitvde.corn, our office is here to assist you through this process and we encourage you to contact us with any questions. you, Andy Bacon Planning Assistant Enc.Conditional Use Permit application cc.City Clerk 20 P n q ooyqul CALENDAR Aix yq ^µ Y� yyWW llma mmmm0 f �traNm A w*W � 14 Applicant @ w tc�al/ tmc.c;�t almlamr State- CD �. i��lcww �.,..�. w Lodging C Cone) OD / w� T t C IrC C m CCT�Ng Ilm�arm c ICa�ta'dmal ° m�m r�rett ' (Claaitl lt (mR 11It AC l._ KII Ro m rm Rental on as Nightly Basis (B&IC) l this lcwtam°lariraa r lmdre m°ad'w°c lmlcrrcc`m e 1 'ca d owl ttmmrttlacr a fpamr inn spaces I'am°ctralrl cl _ �.,. ... Nuttmlrcr rcmlrrircml by Code: ... . Immmatl number acaaam �<a t mlamamt ham mmttc °: . m mal r a�froommas usedliwr ma�i Iwtly,l lgmmmh"�:...��.. I'mmmaml Square lbot age crt`Itammasc/1111ma `��...��._`I, I`mamaal wquaarrc j"mxmaa uc wr Axl fior mallamtly a t Dmaw,mammr lat l x1girm a m scs arc mall )wetl within single and taa lti-ivarraal�"y, residcntimal I ward(m odc §15.l tl 22 b ect lO ttwc t Ih,t itm m cmmmmlatrcattS mm wwamawm ml armis.talmasa,trcatla c Imc aaamla rm alralmm ml me l irmlless awd ilia date time tt I"tctmamaa r w1 t p mr havc any mlamc�trarmm�js 1cm�malaralm mllsamimt your a~wmtmes la l�m :aaarl W. lc d, mt I 0Iw7 tt�d .11mr tmwlMmw mrml I l an tw mr"m dtt i Irt mlr�c ddadlcAac artmlct : tt1 112 trmstc mc:ms:l.¢medj1111 m tS allarwwcd gas at lammmamc amcc°mrlmaatlon mawrlrlma an awmc° � m: mlaamm 0% O hedr as mms mar as rmraaxirntmaam cat'lua Cal and no m�mam than �tt�w1 lodging,es m lishmrmarwnt mum N maperatcmI the muck.of tile cdaycll all whic, awl m~� �mwrrr. using . �Itmlmtt t ar m : t mad as a kome o Illation Wr id &�� rAma w� �mw a�� . r"n awir non v,th"ar) A411" e o m w a maxim cm loam o��azamd Ilk (�m r amt(tla�lal Id mricts: l camll ing is Ahmed as a ��wwlmm w r �ramawt"i to tkac^ m.msmm mwt`no moreth an tua�m;° (:l mumcc r 1 l .ua lJld,Cllt, (� « . I tam9mlwmm.>mmm Irmammmcma��m�cmu�mr� I ,tlmm�m*llwam �.remwmmtll�tmmsmaal C:"t IqUwp , `t.mlacmaamraq rclr mrmlla,ww mal ttm 1 tr �t llcm° Icb�mai t °calrrR��mammm° atla rmmrmlmtm . or mmammm^ marmmt l marina he man,:, 'm Immai 'Irm , 111C t1se min;8tmrmmtmmmi to no more t8ammrr live I 1 mrarlt�ca ltlrlra a lmmallmis¢mlwM. 'lm l� mm l extended to l elma I t am tmrac����mat rcamaanK It3, It'll.,()l(„ C .(„@I .tstrrm vs:a Imammr c may tic rctrtcwmfl s R.a Im ,419 tmruit. 3, No twt d Itr°m paarzatimwrm Or m.mwma %min licc:IVitics are I^renuitmcml w:tt tl me"I I~edrmwmwmma ", l,cwr wr a ons am .�atllcwwed in Ow Commercial districts.Matt as c Irolifted in roim;lcmatmatl clistrictS. 5. Address mammtmmher"tnum be,at'Idma,maml tart am ircitjmt between idee autrct eight kcr.Ocarly vlsll to t mmmmr tlmmw wt VCI m°mmwm dc' s tlmc" tlwmmr incites in Imm«IghL and sImarll ccmmatrmm as ah their Imaaaamawrdlaatr laaaclmgmamr nd, ,,: 1"la,at vimalt tar ccwrm¢�mt°t tl ,^(u,lt�°(� r °w mat°I°Ict:tint °t"1 ��1. t'9�� iI` mumm Itamm�m,ammmyF utm.~«�t'Icmmama. d lmave rammmml this form zan d mrmmaderstmalmmd the c armttitic►mmrm�m t d'Imm tda. laid add, ` "�a6d"�"'�r "d"l.l'R, .. /o i m�c°cr�w�% am cl c omamtamm^mat a am t lW I li trk m(Or&one) RR [ ➢ tt!: tt�,ma t R A( t"tt ta" 21 , City of Seward Red and Breakfast Lodging permit Information Packet mew ppl(cot) Hello and thank you for doing business in Seward! The process of issuing City of Seward lodging permit and business license is multifaceted and this fret.is to help you follow the correct steps to opemfi.ng s bed and breakfast business. "Our staff recommends before appp ying or a lodging permit and business license that you contact the Conununity Development office to determine Y1 the location your potential bed and breakfast st is zoned appropriatel,y. Contact infortnation for the Community Tarp Ott Office is listed below. � 1) Completed City of Seward Business License Application along with as 31 l )r a�eranaeM a ) A a arrernt Starte ofAlaska Business License Registration with the Kenai Peninsw1a BoroughSales Tax Department 4) HoteMotel tax registration ti �0 1) Completed Lodging 1'erm t Application,including the lbl.lan ° g: aa) Indication of total parking spaces required and provided. Except in the Central l Business (CB) dlstrlct, tt 04 pawn "" space is re � fbr �h approved guest, room/unit in addition to two s e residential dwelling;. b) Kiopw�o la 1 t httmp bcul dl c wgsla identifying ) the bedrooms and/or,apartments to be utilized for overnight lodging. �. c) A,dim, rtsi nned site plan of property showing location of buildings and parking spaces. ) An approved lFire Irnspectio n ftom the Seward Fire Department, requiring the aa) CO Detectors b) Smoke Detectors U „� c) Code approved dress windows or outside lire exit(s) present for each sleeping area d) if required,emit sign(s)posted e) How sign is illurtnirna~ted 0 Emergency exit plan posted in the sleeping area(s) ) Dire extinguishers available and current tang is in place (all forms available at the City Clerk's Office or on the City of Seward website at. Lilt!:// % ; ... it o e srd.aas iind p "nrnn+ ....� ,1 * Pleaase be aware that obtaining s business license.and as lodging permit go hand in hand. . When an applicant applies for as license, the Clerk's,µ.office will check various city, NEWA.odging Permit Applicatioti Updated G n54brt" Cnn 22 ANNUAL LIFE SAFETY INSPECTION FOR LODGING BUSINESS APPLICANT/BUSINESS NAME: CALENDAR YEAR PHYSICAL ADDRESS� Pal BOX: CONTACT PHONE: E: NUMBER OF ROOMS USED FOR LODGING: THE NUMBER OF ROOMSMS TM�P SAM t: yes No Note any changes made to the business Mn the Mast calendar year: f/v M certify under penalty of perjury that the information above is,to the be of my knowualed e,true,correct,and complete. IOU Pa inted> m,6 _ . M n, tume Mete •w ■rwwwwr wwwwwawwr rwrwu unwwa wawwau WIN*as**",0nr*0*40aw44*04*am**sea we****a**** FIRE DEPARTMENT INSPECTION REPORT FOR OFFICE USE ONLY Carbon Monoxide Alarm(s)Operational And Properly Located yes No e t`Grif )Operational And Properly Located Yes NO Code-Approved Outside Fire Exit(s)For Each Sleeping Area yes M Flit Sign($)Present yes NoN/A Exit Sign(s)Illuminated Yes No N/A Emergency EAt Plan Meted Mn Sleeping Area(s) yes No Fire Extinguisher(s)Available&Current Tag Mn Place Yes No INSPECTOR COMMENTS Marne of Inspector� elate Inspection Completed 23 � k u��iw is���a�i�iwi IV M YI * ., �, w a �a M Mi4tCal .. M. M Mw M w wu, a a a P � u W4 Pn "w M ,,•.. oil MCC.a rt"a M MP M M w" M< •.M a „M �,,,� r .rµ .M. `, w MP w rt a is aat ,w; ww w aM;: a Mw '� ►wwzww m• waw awa a i tl a u . .a tl... a« a a" pa «� .,.a,���.� IIIII IIIII I II I I IIIIIIII I II I IIII tl tl' M w i Mn M IAiC a. N 4� �n✓t '� au N .M M.,a.M» M RECEIVED E8 . . 2019 CITY BUSINESS LICENSE APPLIC IOXIC 0;-THEE CITY CLERK City of Seward pay t itr a cat et lu �rr�lable annual $ Of or No. pitye� < f� b�� tion ward!or it tiara No. P.O.Box 167 < of tlra +qii)� Street ► asand wnhui am week off the daraate the � Seward,Alt 99664 �and�rw wN�d�� arii�t ter d der ar.ruuar& city and the go" Telephone:907- '24-4 � ht g as m auu nuW renewalsam c due tau � ��� ��i� Fax: 907-224-4038 rrtr►ry tuau if your business license application is subootted between January I and Sciilzoiber 30,your license will,be issued for the,r rarirdr he of that earl year, if your application r s 'tled between her I �I�urlaer 31,the license will�mead fret to ak remaining period of the year in you applied for all of the follow cdcorirar 'rham not apply Legal flame of Business Entity. �? -.—Date*_ �. ... �...�...._..,. mulling dd for LICENSE �RENEWAL' tare: _ . ., ip. "Telephone: ": .t., e,_� City. hmall Addresses.., 1 _�. . . ...__, _._ _. Please pies Describe Ytawuawu Business Ac it uK and haw it will a conducted: physical Business Location inSeward: Category-[]Retail OTour Operator[, Trtrtrsp0 tl0A[]Communication Sertcices E]Professional Sergi ces [3Cha�rter E]Automoti e[]Construction E] hildt are , li/Ni htly onthly rental/lodging nEn ineer�in []EducationalD% , , ", i' . , , �u, ,, ll'� b owner Name(s): Contact Name r to conduct business In violation OfPlease note'Zoning limitations.A business license does not authorize the holde any zoning ordinance.If the applicant cues to engage in business or change Its name,nature or business lotion, the business license expires. You must provide aw physical business location. (A post office box or mail drop is no11 t a physical business location) F t piitM U :ONLY V CORPORATE OFFICERS uGP President _...,. _._,.. ...w,._._._ .. ._.... _... .___..ti..... ..., ,. Vice President Notw, Secretary' aurC s y: A Applicant,i ! aa� tr y or declare under fr rrrttlty o�`p4erjury under tier s o/fire ate ofAt r o+tal at the foregoing true and c ar weM f .k�.,..,... ..w ., . , _ „__......._... .. ..... ........... . .. l rw,ature Printed Name Tide Date 25 RECEIVED S ORT Tlx:` REN[l"Ali PERAPPLICATION CALENDAR YEAR: 1742 2019 out application per pbysical Whiress "' ".. ". off A� w 'u E CCEP '� IM"IIUN D6 Bu tatac lic uac ararrtlracr, KPB l tax number: Applicant arnau+ . (f"hk bratfo errrraractpe �� 11/litlddl:, et lo0 fill Number. � � 0 Mailing A dry: I � CatirI�Statc:_e�k_zip: q Ph sical/St�t Address of ort Term Rental: � Kph l"aurru l ady' if *$ tr Mt rl" (+ lr baser for crantaet ! ct , la Fig: _._ _ ._Middle _.... ........._... _._........ m.._ []'Email: .. ...,.m_m.. _ _ _....w. _ _. 0 Phow Number:In _. .. .� (checkAddrew City--state: zip:_ " (circle one) & l Tale House Rental on a lvli Basis .l C)ll. ACC CBsi dl otn Rental on a Nightly "s is this pn place of "� lwlra Total of l�luMr required by Toul number of bexhomodi%puboaft in unit/liouqe,_7 Number of rooms used for nightlY 104W * ta , "f TO snare fart--�rrfbw F 'f trial ftW vied for nightly lr of er ai lrt 1 s are a W muth- y" . l buildings with City arf � nd " ode 6: or 1 .1 0.M. A« u raw a � as,the rear ofanystradure as " cry fi)r' $10I pIoI Of3a toaxecattIm da)a or less, 1.1'pon approval,all bit Tam Rental its we a**- to�frallrawtira cxaardiuti s i rratnre ran Mlrirs application indicates a t ! " jut,� � ,mod a h �). Completed CityHusiam 1,iomm application and fee$30.08 Mccas a 0 completed Shortrem Rental application(WC tsra.raa,tr.ta.a life Saf4ty lnapeetion arrd fee"7j*per boor~~+tauur(arc~txe:r.ar)(4)0$4k rA a 4 Completed Registration lbrSeward WdTax t atraar,.swts.rus s aMs a x art y a Dimensioned itef Parking Plan-ac°trtaar^:r«t r0—m&t�taat+ ul I)imensioned Floor Plan am rs 1114224 • Eli i'ble Zonin "ypes : ' of wort-term rental$1aa111ae erms t withthe a110 le .wtithin t,lre resialrrartial vonc oral consistent with tae provismas of Seward Code§M 10125,Land U otr lc,a�! • a "y or d,.cane n�n pe of p japy ajar r the idws of taNk �g of As AAhaka that I k r,forlI was&ar sad coffect agr"weat below: By 0%werI44pp)1 ant agrees to trrdemn Sava, haarm .and defy the Oryof rrrd thr fit' r�rarrr�rrra!art the t:"i�}�aal�M tr+A4doolly arrd collocave and the City of. tat �a nffieta)s tad a tr and vrra"rrart s fr aaar rray arr�t cry"a at rtrrrs tt ra cr aaettara;oars „ttabtttttars,ar,costs at any t wraat to ar. tms>,aa�ftarttaarrsr aarttsa ts�� of action, accrued at a rendt of or arktog rat Of Da r adha or'er ar in 1he Mj ra o=pancy,rc ,arrd)rrr rra intenewe wr)'"'dte) rWevtY APPLICANT SIGNATURE: DATE: z/J_L rear rarr:v le. RR jt.3 Date: 7=j �R I R2 W OR ITR ACCH RM a site revie and comments:.,—. iak' C, Off, jjj tam eacherr t C:h Fire.. � .. _. ....... � �s y � Clerk Permit Issued 26 ,x KPB# Physical Addrcss�_23� o � Of parking CCs .. m a u. For r�aara iwa1wr`rrwaaa, ary _.L!L�DMI-44 KPB rl IA how For mo¢ iraf , °rr tion,visred" (°; afs � n tic", r ,�4d a., .� o .,.. e q„ a ,. 29 m wE u� s f J AV SIT ong owly .� 30 v& , v)r,f 'R ti �r 74 q i ry r G i � Y k to 31 From: To, as aauat La ra i-al 1.411 S ,rJ t95tr1 ` //l (�ytl�Elr. rG4rrb ,t �e..,,.KaIwaasaM �' w i Mrs. Lindell, '['hank you for return in nay call. 0 just want to outline our phone conversation today regarding the Conditional Use Permit process and letter sent on July 3,2011f. On the most recent Start'Vertta Lodging application and Business License Application submitted t r"17/201 t you indicate that the property will be used for two units rat"Lodging(nightly) in addition to 4 monthly rentals and 1 seasonal monthly rental,within the Central Business District,these uses require a (."onditiona.al L, se Permit(";UP). please ucfr to§15.10.225 Land Uses Allowed Table:Zoning Districts Principally Residential ° Commercial Principally Public l.lses f l l"1 R2 l 3 11R OR A( HC CSC Rfwal IN t' Dwelling, u'nulti- M� C" C" c, C � C" C family t3 or more units) Lodging, hotel, naoteN .. _.. � L f:1 C C� lcaaf ae„ inn (:t_ Use Pennr tted C"° fuse,Requires Conditional Lfse Blank Use, Outright Permit Prohut°r4ed t l - t lm auauc Occupation P- t i se R quuur°es AdMinistrative Permit upon review ofyour Short`"1"enn Lodging permit and Business License f6r 232 5111 Ave, we f"auund that there was no C1 O["care file.This historic huiIding t°uas been used for monthly apartment rentals print°to 197 and there wasallowedasas legaal nonconforming use `sam.(m° §1 .10 315 (C`"),Ffray land, straucluur e, or use that legcilly exisfeel prior 6 1978, but aauoe;.�not niet,rt die requuir•rments ofthi's chal'ater, shall be cransir kre4l a ruoeaa°onfirr"n ung Caaa`, )Orrwtaur e or use, Nonconforming uses are allowed to continue providing the use, is not changed or discontinued fear over a now require a Cl.if shall be�considered as legal conforming use��and may continue to exist would year, Specifically,a use that was legal and u t when it was initiated,but which wo suublcct tc'a the ca�r'acliticauas caf"C"l�ua y` gist as as conditional use,sub ° Chapter 1 and may be modified in accordance with 1 At1.32tt. With the change in use ofthe property we must require a(„l,il'to bring this property into caste compliance, C:(w' t .1t°t.32 ((�)(;3) 3� aawrua ate°crrtau� �°a° .�aa r-ait is not train.r,t r�r°a.rblek )°a;�aun one IParcel r:r/lanel to another Caruua:l'r"ttauw e"d use permit.� ntaata N, traansfi.,rrrr"dftoni ow,owner t�r,�'r axnothcr fiar the saarruar use,, 1°,wi if there is au(,.A,,,aa ge in aurar on the property, ra neray),,'wrmit must be, ohlaaine My direct line is 223-4048 01a You may contact nay assistant Andy Bacon at 223-4049 32 Our off ice is here to assist you through this process, Please feel free to ccaaataact Lis if you have any qucastiralm Have as wonderfW day-- Planner Community Development Depif tr e nt (901)2 4 4tt4 I'be full Seward(Ity( ode can lac, researched at lire '.I °a: rIK rr t b r a v l r ,i r a r1,IV' Iy.i .➢I,h Ien f�r�A I, ? .,. r Y �,i.Jf, �Y�:n,yr�' �I+r „r�9rP:' ,Wn,f A lead / ,y r F, 'b^ , —,: �, I✓r,tr1 r��� "�i;�� r,�r ��_ ,l.Y'/7t aw,� d t!w r 33 ,„,/ / / Community Development Department f 4:'Up Application � M► Applicant asked to provide more ccranalbiered infimnaatiern or a,orra~utic wro o- Crbrrarrrunity 1)nvclnl�rrrcaat l ctbaartrracnt rrevrcvv ate sa aX�r«'rttalacrtoc�wra rarlarraa vtrsrre the(°qv Plarnnerw,rdd`�lrrect iecr,ffaopsrepar"efi)b'lherequi eel praah76c�hmMann C qq 6ru the trNarraaaan aawkp 1'rMuwp C`rrrarrmts.u'aea�. The Orta Manner Twit)defewrwnine d'ada/ra'acrr'nrat rrrlbrrnrvailon es required 'I'p'rc Planner aarret sra{p"frraary Preparation ion by rrarra warpr rtrw Wrprpr/ra aawra rer a�dsc raves tPrar.prrarpaCa crwdd crprleasrr atw^tac`ral parr arccf�rraarraaaf ar�re�'rrroarrrara. GtY Planner When tpwe t"parrner his received other deprcar°rrnent c'a,rrrwrrents g/necesuara, the, prgjecl area), be a eentca't scamfucaarrbr,;tafa'pfrtarwraal raacrrrnp s ew,bFta rtu�daplahc ani mcq be rea7arared, Routed to other City depaaltan nts tibr rcviov and crbrnnucnt„it'applicable fr 1 raalcct changes ncv,cicd? Yt" pplicaant notified with rcclncst t'iar t°:p icarW staal"t/aata licant r�aawin Stb additional waaliaranntican or corrections Staff report pry lbaared. Public hearing sct elualed, Hearing a rin noticc Aheproject rs r.rc'xaty/op th,"pablit,to ear ng 7'7a rpaann r°%W1I r°rrparare the saql 1'baatbli�hed at iewst tuicc prior to Prcturin .d1'I'll Crf rcp(,yP rraxa! awrazr' re� a It cora�ar�ons' off'approval by wher apapaararara ntv are the two calendtir avc`cks prior to heaarin "laatc.l rrrc"reapa^cp rrr Ow aP qft r¢'arWdiflons,. Planning and Zoning("°ornmi sign Public llcatrin /determination made 19=0l�t(tl�.a' 11 aa..��tr"r:A'V'V."il tlb veal,'}l'bfic nt may'prtk#:%ced R) // NariRa'lintp tc'rwbtithaa , ifricccssaryVIP �. 34 MI / // Community Development Department. Why do I need a Conditional Use Permit7 Some land uses,although allowed in a particular zoning district, are only permitted under certain conditions, These uses require a Conditional Use Permit(CUP). in order to rnake a decision„the Planning and Zoning Commission must review the application through a public hearing process. it i important that you provide a much project detail as possible so that staff can prepare a cornnplet.e report. Once you have submitted a cornplete application,you are encouraged to work with the City planner to provide any additional inforrnation. Prior to the public hearing,you may be asked to revise your project:or plains so they are consistent with the Seward Comprehensive plain and the Zoning Code in order to resoive potential impacts. ■ The application and plans will be routed to the appropriate departments and City Administration for review arid comment. The City Planner or staff will notify you of the public hearing date. The applicant is responsible for posting the hearing notice on the property and describing the request,including the time avid location of the public hear irn . Nearby property owners(within 300 feet)are notified by mail,and a legal advertisement is published(twice)in the local newspaper. The City Planner prepares a staff report and makes a recommendation to the Planning and Zoning Commission. The applicant will receive a ropy of the staff report prior to the hearing. you or your representative should attend the public hearing, As the applicant,you will be given an opportunity to speak and may be asked to clarify questions raised by Commissioners or others present at the hearing. The decision to approve or to deny a permit:will be made only after considering the evidence and facts provided by the applicant„ neighbors,Community Development Department staff,other City departments and any other interested party. • The Planning and Zoning Cornnr niss'ion„in approving a Conditional Use Permit„may impose conditions which are deemed necessary to ensure that the project will be compatible with the surrounding area and not harnrnfnul to the public health,safety and welfare. Conditions imposed may involve: Buffer areas and fences. -w Landscaping arid maintenance of the property or snow removal. -....-. Parking,including vehicle ingress and egress, Sign regulations. Other conditions found necessary to ensure the project supports the policies and goals of the Zoning Code and Seward Comprehensive Plain. The Planning and Zoning Comrxni sign decision may be appealed. The Planning and Zoning Commission decision may be appealed. Appeals must be received within 10 days of the public hearing decision. if an appeal is not received,the decision is effective. rte0sed 12/'9/201 t City of Seward Community Development Department P.O.glom 167 Seward,Alaska 99664 Phone 907.224.4049 Fax 907.224.40 35 may t (a) Intent. It as re p designated recognized there are sonic cases which compatible with Principal uses in specific zoning districts provided certain co nditio ns are met. The conditiraraal use permit procedure is intended to allow flexibility in the consideration of the impact ofthe propcased use on surrounding property, and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings.. The commission shall permit,this type Of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the land uses,allowed table 15,10.225. Before a conditional use pennit may, be granted, the procedures specif%ed in this chapter must be followed. (b) Applications, Applications fi�ar a conditional use permit shall be filed in writing with the city cleric. The application shall include but is riot limited to the following: (1) dame and address ofthe applicant; (2) Verification by the owner ofthe property concerned if`otdaer than the applicant; (3) A legal description cif°the property involved; (4) A description ofthe proposed use; ( ) f)imensic►ned plot plans showing the location of all existing and proposecd buildings car alteration, and such data as may be required, and (6) The appropriate fee:as established by city council resolution, (c) public hearing. Ifthe application is in order, a public hearing shall be scheduled in accordance with the requirements ofsection 1 5.01.040 oft.his title. (d) Review criteria, Prior to granting a arse permit, it shall be established that the use satisfies the, following conditions: (1) The use is consistent with the perrpcase of this chapter and the purposes of the zoning district; (2) 'flie value of the adjoining property will not be significantly impaired, (`d) The proposed use is in harmony with the comprehensive plan, (4) Public services and facilities are adequate to serve the proposed use; ( ) 1"he proposed rase will not be harrnfirl to the public safety, health or welfare; 36 P y,I (tOt / ) ii;; %�Or)ii RRI I OR rrrarted to measures relative to access, screening, site develOprTa: l, /1 W 00/% " �) / ` // r Pro (e) Approval resolution. At any time after the hearing required in section f ,20,32(f(c)„ the commission may adopt as resolution approving n conditional use permit.provided that it. includes findings s of fact that the review criteria in section 15,f 0,320(d) have been met, adoption,„ � y cause�a co of" he resolution to be pasted ferr at least ten Upon an the city shill c copy t ,, days in at least , j j r � �/� / � �I%/�/ / � l r�r r/✓,v,f�„�r�� ///v„ ,„cii%/i/,,,,,,/,,�,%%//,;, ,,,i ,ri��iil!,,,,,rior,,; (f) Modification of final approval. (l) An approved conditional arse permit i,naay, upon application by the permittee, be modified by the planning and zoning commission: aa. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b, To implement as dif Brent development plan contbri-ning to the standards for its approval. (2) The modification application shall be subject to as public hearing and as filing fee set by city council resolution. ( ) Expiration; extensions transferability. (l) An approved conditional arse permit lapses six months after approval if'no building permit is procured or if"the allowed use is not initiated. ( ) 'The commission may grant tirric extensions not to exceed sits months each upon as finding that,circumstances have not changed sufficiently to warrant reconsideration of'the approval cif the conditional use permit, A request f(:)r an extension must be submitted pricer to the expiration of'the permit, A parbl c hearing shall not he required pricer to granting an extension oftirne. ( ) A conditional use permit shall aautornaaticaal ly expire if for any reason the conditioned use ceases for as period cif"oneyear°car longer. ' ( ) A conditional use permit is neat.transferrable f' f another. Conditional use permits may be transferred f'rom�one eowner lto another fiver the same use, but if'there is«a change in use, can the property, as tie", permit inust be obtained. (Ord. t 26, ;3, ifs 89: Ord. 649, § , 1991; Ord. �>4- G; Ord. " � � ; Ord. �1f�-f)Cr�) 37 ,qi Cor°nmunity D veloi°arnerm�. ". 1iaw, p 6% " 4a�� ti�aVo "RVnavllR�aG'N"k�a»y» y� r C [ ITIONAL. USE PERMIT APPLICATION This completed application is to be submitted to the community Development Department no later than three(3)weeks in advance of the next regularly scheduled Planning and Zoning commission meeting Regular meetings are herd the first'Tuesday of each month. The application must be accompanied by the 250 filing fee. In addition„ please provide an as-built survey if the property has been developed or a scaled site plan with elevations if the property is undeveloped. Applicant: Address: "Telephone Number: ,Email: Property Owner(if other than applicant): Address: , "Telephone Number: Email: Pro igrly,Descri Lion Address: Lot Size; Lot: Block: Subdivision: Kenai Peninsula Borough"fax Marcel ID Number: Development information What structures are on the property? How is the property being used? What is the proposed use of the property? What is the development timeline? Please note that prior to the Seward Planning and Zoning commission granting a conditional Use Permit, it shall be established that the proposed use satisfies the following conditions of Seward City code 16.10,320(See the attachedpagos for specific City code requirements) ents) 38 A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district. Please describe the use. B) Describe any Impacts to the adjoining properties and how property values may be affected. C) How Is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: ,ftqQL//www.c'Ryof%Pw ard.us/ ....... --- D) Describe N list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.) .......... E) The proposed project or usemust not be harmful to the public health,safety and welfare. Describe any mItIgatlon measures that may be needed to protect the public health,safety and welfare. F) Include building elevation plans and a site plan,drawn to scale.The site plan should Include: 1) Property dimensions 2) Location and dimensions of existing and planned buildings 3) Parking configuration 4) Driveways and access 6) Natural features information.. ,, ....... ...... 39 l hereby certify that the above statements and other information submitted are true and accurate to the beet of my knowledge and that N have the following legal interest in the property: Owner of regard ( ) Lessee ( )Contract purchaser Authorized to act for a person who has the following legal interest;. l understand that this item will be scheduled for actiononly if all application materials are submitted not less than three weeks in advance of the next regularly scheduled planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. Applicant Signature. Property Owner Signature: $260 payment Dimensioned plot plan l drawings � } Other: ( ) 40 l .01.04(). Public e i it �; . (ra) Public hearings as required by this title shall comply with the notice requirements as contained herein. (1) Procedures. ar iotice of'the public hearing shall be published at least twice in a newspaper of'general circulation within the city. µf"he notice shall be published daring each ofthe two calendar weeks prior to the public hearing date. la. The notice shall contain at least the fallowing infi:armation: a briefdescription of'the proposal can which the public beady is to act,; a legal or common description of'the property involved; date, tinge and place ofthe public hearing, person and place to contact for ruore detailed information. c. Decorum of"the body holding the hearing shall prevail. (2) Neighboring property owners notification. A copy of the public hearing notice shall be mailed to the applicant and to real property owners,ofrecord oil the Kenai Peninsula Borough assessor records within a C:0-fcoot periphery ofthe parcel aMeected by the proposed action. This notice shall be mailed not less than ten days prior to the date of the hearing. When a public hearing is to be held regarding,all amendment involving a change in text or major district bcacrnclary^ changes, no notification of neighboring property owners shall he required, but notices shall be mailed to affected property owners and displayed in at least;three public places. (3) Public posting. The applicant shall post the property subject to the application with public notices as provided by the city at least ten days before the date ofthe required public. hearing. Such notices shall be placed so as to be visible Frona each improved street adjacent to the property. The applicant is responsible fear removing the posted notices within five clays after the hearing is completed. f°'ai:lure to properly past notices is grounds For deferral or denial of the application. No one except the applicant, an agent: ofthe applicant, or the city shall renac ve or tamper with any such required pasted notice during the period it is required to be inaint�riraed under this paragraph. (4) Prool"of"posting, Before tyre public hearing, the applicant shall submit:to the: city all affidavit signed by the person who pasted the notice or caused the pasting to be done that. the notice was pasted as required by this section, (Ord. 626, 3, 1 89; Ord. 7-01) '� 41 ZONING - CONDITIONAL USE PERMIT (SCC§15.10320) Applicant: L egA De, i 07j, When Who What sl APP Submit application,srrppternernal information and fee ro City nit 3 weeks ht advance of scheduled meeting date CDD Receive and date stamp application CDD Prepare public hearing notice sign(w property aq APP Post sign on propeay&sign affidavrt of posting public hea6ng notice at least 10 days prior to the meeting CDD Route application and rner-no to staff(Budding Officiaf,Hie Chief,Police Chief&Electric)for cornments with date deadfine CDD Prepare&provide to CLK public heatOng notice Mt hion two calendar weeks before PZ meeting CDD Mail public-hea,ingn.6ce to pt operry, owners witNn 30Y rdt f 0 da)r,before PZ rneetin g, Sign A dav it of madi ng public hear ing notice and have notartzed CDD Prepare final staff report andi P&Z peso ubctn to dndude findings of fact that review criteria in 15,10.320,D has been i-net CDD Route staff report and resolution to CM for review&approval CDD Send copy cpf agenda&qesolution to APP PT Coriduct pUblic Rearing and action CDD (Jpon adoption,post copy of the resolution for 10 ckys at0ty haH,post office,and harbormaster's office. T� CDE), J1 Odays..after... a p pro va I of re s ohAtion,pre pare permit&copy[x d ing i nspecLor CDID) ISSUC P,"m,t w/co�Py E"r reso1,.tiEn& cover letter to permOtee, C,D 1.) Update c o or pLae r I is,6 5 ro g s u q'n rri a ry,to do work and bc k1er f i les G51DEPA1fiI WN TS\PANDXrU)M',Jtj qjrr V 42 City of '.l t: T �, �) t aou�sor-alc.n P,(> �'e , 16" HI(I '„h ws sn-"f S¢ W166 f This completed application is to be submitted to the Community Development Departrnent no later than three(3)weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of each month The application roust be accompanied by the 2 0 filing fee.In addition,please provide an as-built survey if the property has been developed or a scaled site plan with elevations if the property is undeveloped.. r...., r Applicant. f• .,�.___� r _ Address; Telephone Number: Property Owner(if other than applicantjw Address: ��,.. �� a r il: Telephone Number: P1C1 +bra 'tIon Lot Size: 4 Address Lot* Etloek: _ _Subdivislon° Kenai Peninsula Borough Tarr Parcel ID Number: P � Development injo ation a What structures are on the property? i How is the property being used? What is the proposed use of the property? What is the development tinweli ? Please note that prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit,it shall be established that the proposed use satisfies the followwing conditions of Seward City Code 15.10.320(See the attached pages for slpeeff :City Coderequirements) 43 Cps , R 2 122019 ri°ii'i°ud Developin m,',' A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning.district.please describe the use. fbh y . r r a �' 11 Describe any impacts to the adjoining properties and how property mares may be affected. �' Ak Air_ c How is the ro a use conslst with the Comprehensive hensive Plan' Explain.You can view the plan at,I 4pLIb road c i y a w ;i ata; F a � r JAI a rP ^ C! Ge ri i l" pualaiic rv, 'and facilities ttalut ill serve the proposed 100 ds utilities.) The proposed project or use must not be harmful to the public health,salety and welfare.. Describe any mitigation measures that may,be needed to protect the public health,safety and welfare. F) Include building elevation plans and a site plan,drawn to scale.The site plan should include: f)Properly dimensions Location and dimensions of existing and planned buildings )Parking configuration 4 Driveways and access Natural features Luther rtinent infqrmataon 44 City Of sevtwcl MAR 2 1 z(�I Conll-nuf* I hereby certify that the above statements and other information subfnitted are true and accurate to the best of my knowtedge,and that I have the following legal interest in the property: Owner of record Lessee Contract purchaser Authorbmd to act for a person who has the following legal interest: I understand that this item will be scheduled for action only if all application materials are submitted not less than three weeks In advance of then regularly scheduled Planning and Zoning Commission meeting.Regular meetings are hold the first Tuesday of every month., Applicant Signature. Property Owner Signature-. Enclosed. $260 Payment 11 Dimensioned plot plan I drawings 01" Other. 45 AP May, 1011A tv? Ikew I'd Jn he M ?Av rewkly- ve"ry O!Ak,�,v-btl 11,091"ed.1i yowl bomfor-, /-t 14ve, 4) RAJ,, MAR 2 120146 Con-imUnity D,7weloprn, CHY of Jewle(j MAR 2 7 201I Ps Cownunity,t)em tmqn,�, - P Ta 47 «RY a 1"4 ow"o'cl hP � Q r I r r Ha R RC rt ri I 1 1 is 48 � A _ ON of soworo �'WCSCYI'C.xS;a;. 1� (907) - 080 F' ( G7) — 7 S Name: K&W INTERIOR ------ --------- k lr�wriea�t7y� _._....4��rt HOWAO 49 r� 50 n r �. �l d � v , U ` jlpi u x rrfl' u »v ua /yl i e 0-1 -006: CLIP car mri�ed use � � �� Fifth Avenue ghtly and monthly rental in DBD Dr rtey: AEA 312912019 Clue to diifferent data sources property line and aerial 0 5o 100 200 Feet imagery do not overlay correctly. leap is to be used for orientation and reference purposes only. Mapping Assistance by Alaska map Company„I_L 51 Jackie Wilde From: lfilipay payrraerutus.com Sent: Thursday, March 21, 2019 4:47 P To: Jackie Wilde Subject: Payment Confirmation From City of Seward Dear SH LLLY LIND LL, We are pleased to confirm your payment with City of Seward. Below is the summary of your payment transaction.Your payment has been received and will be posted to your account next business day.Thank you for your continued relationship with City of Seward. Confirmation Numbec 310520045 Payment GateMar 21,2019 4:47:25 1p Payment Amount'. $250.00 Total Amount hanged: $250.00 Contact Information n First Marne: Shelly Last floss : Lindell ZIP code, 99515 Email Address; rla cwnt tr4w ccount information Payment Type: is -P°ayrnents Transaction Code: UP"-Shelly Lindell Payment Metho& Credit Card payna efwt iroiiet'hod lnforaveatiern Card Type: Visa Card Number; *** *******3C04 Card Holder Name: Shelly Lindell vote 52 MEMORANDUM DATE: April 11,2019 TO: John Foutz,Electric. Utility Manager Patrick Gillis,Electric Utility Operations Supervisor VIC Tom Clemons,Police Chief Eddie Athey,Fire Chief- Stefan Nilsson,Building Inspector - Matt Chase,Acting Harbormaster F� Doug Schoessler,Public Works Director Brennan Hickok,Assistant City Manager No Regis,Acting City Manager , ot FROM: Andy Bacon,Planning Assistant SUBJ. Resolution 2019-,006 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional (Jse Permit To Shelly Lindell To Operate, A Six(6)Unit Multi-Family Dwelling On Lot N10 Feet of Lot 36 and All of Lot 37 Block 8,Original Townsite,Located At 232 Fifth Avenue; Within The Central Business(CB)Zoning District Applicant Shelly Lindell has,submitted an app�fication for a Conditional Use Permit to operate a 6 unit Multi-Family Dwelling for a mixed use of short term and long term rentals. The subject property is located on N 10 Feet of Lot 36 and All of Lot 37 Block 8, Original Townsite, located at 232 Fifth Avenue; Within The Central Business(CB)Zoning District, An aerial map depicting the location of the property is included with this memo. The, use of the property as a multi-family dwelling is currently allowed under nonconforming conditional use provisions, because it was initiated prior to the re'quirement of a CUP in the Central Business District. In February 2019 the Community Development Department; received a lodging permit and business license application specifying a mixed use of short-term and long- term rentals. Code states that this modification in use is subject to the requirements of §15.10.320,thus requiring the property owner to apply for the Conditional Use Permit. Please return this memo to Community Development by Apail 19,7019 so that your comments can be included in the staff report. This item will he heard before Planning and Zoning on May 7,2018. j I Have NO Comments On this Case I I-lave Comments On this Case: (attach separate sheet if needed) .......... Signed Date 53 MEMORANDUM DA,rE: April 11,2019 TO: John Foutz,Electric Utility Manager El Patrick Gillis,Electric Utility Operations Supervisor El Toni Clemons,Police Chief Eddie Athey,Fire Chief F1 Stefan Nilsson,Building Inspector El Matt Chase,Acting Harbormaster Doug Schoessler,Public Works Director Brennan Hickok,_Assistant City Manager Norm Regis,Acting City Manager FROM: Andy Bacon,Planning Assistant SUBJ: Resolution2019-006 of The Planning And Zoning Commission Of'the City Of Seward, Alaska, Granting A Conditional Use Permit To Shelly Lindell To Operate A Six,(6)Unit Multi-Family Dwelling On Lot NIO Feet of Lot 36 and All of Lot 37 Block 8,Original To wnsite,Located At 232 Fifth Avenue; Within The Central Business(C.8)Zoning District, Applicant Shelly Lindell has submitted an application for a Conditional Use Permit,to operate a 6 unit Multi-Fainfly Dwelling for a mixed use of short term and long teen rentals, The subject property is located on NI 0 Feet of Lot 36 and All of Lot 37 Block 8,Original Townsite, located at 232 14 ifth Avenue; Within The Central Business(CB)Zoning District. The use of the property as a multi-fiarnily dwelling is currently allowed under nonconforming conditional use provisions, because it was initiated prior to the requirement of a CUP in the Central Business District, In Nlarcb 2019 the Community Development Department received a lodging permit and business license application specifying a mixed use of short-term and long- term, rentals. Code states that this mcKlification in, use is subject to the requirements of §15.10.320, thus requiring the property owner to apply for the Couditional Use Permit. Please return this memo to Community,Development by April 19, 2019 so that your comments can be included in the staff report. 'This item will be heard before Planning and ZA)ning on May 7,201,8. 1 Have NO Comments On.this Case I Have Comments On this Case: (attach separate sheet if needed) 44da Si 54 This is a change of use from long-term monthly rentals to a, mixed occupancy which includes nightly rentals. This change will require stamped architectural drawings showing that fire and life safety requirements have been met. 55 MEMORANDUM DATE: April 11,2019 1,,0: John Foutz,Electric Utility Manager EJ Patrick Gillis,Electric Utility Operations Supervisor 0 'Tom Clemons,Police Chief El Eddie Athey,Fire Chief 0 Stefan Nilsson,Building Inspector El Matt Chase,Acting Harbormaster F-1 Doug Schoessler,Public Works Director Brennan Hickok,Assistant City Manager Norm Regis,Acting City Manager FROM: Andy Bacon,Planning Assistant SUBJ: Resolution2019-006 of The Planning And Zoning Commission Of'The City Of Seward, Alaska, Granting A. Conditional Use Permit To Shelly Linden To Operate A Six(6)Unit Multi-Family Dwelling On Lot N10 Feet of Lot 36 and All of Lot 37 Block 8,Original Townsite,Located At 232 Fifth Avenue; Within The Central Business(CB)Zoning District Applicant Shelly Lindell has submitted.an application for a Conditiomil Use Permit to operate a 6 unit Multi-Fairrily Dwelling for a mixed use of sbort term, and long tenn rentals. The subject property is located on N10 Feet of Lot 36 and,All of'Lot 37 Block 8,Original Townsite, located at 232 Fifth Avenue,Within'The Central Business(CB)Zoning District. The use of the property as a multi-farnily dwelling is currently allowed under n0aconforming conditional use provisions, because it was initiated prior to the requirement of a CUP in the Central Business District. in March 2019 the Community Development Department received a lodging permit and. business license application specifying a mixed use of short-term and lien g- term rentals. Code states that this modification in use is subject to the requirements of §15.10.320,thus requiring the property owner to apply for the Conditianal Use Permit. Please return this memo to Community Development by April lit,, 2019 so that your comments can be included in the staff report. 'This item will be heard before Planning and Zoning on May 7,2018. Li I Have NO Comments On this Case X I Have Comments On arcs Case: (attach separate sbeet if needed) lic b S,i g'114, 1 Date, 56 MEMORANDUM DATE: April 11,2019 TO: ❑ John Foutz,Electric Utility Manager Patrick Gillis,Electric Utility Operations Supervisor ❑ Tom Clemons,Police Chief ❑ Eddie Athey,Fire Chief ❑ Stefan Nilsson,Building Inspector ❑ Matt Chase,Acting Harbormaster ❑ Doug Schoessler,Public Works Director ❑ Brennan Hickok,Assistant City Manager ❑ Norm Regis,Acting City Manager FROM: Andy Bacon,Planning Assistant SUBJ: Resolution2019-006 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To Shelly Lindell To Operate A Six(6)Unit Multi-Family Dwelling On Lot N10 Feet of Lot 36 and All of Lot 37 Block 8,Original Townsite,Located At 232 Fifth Avenue; Within The Central Business(CB)Zoning District Applicant Shelly Lindell has submitted an application for a Conditional Use Permit to operate a 6 unit Multi-Family Dwelling for a mixed use of short term and long term rentals. The subject property is located on N 10 Feet of Lot 36 and All of Lot 37 Block 9,Original Townsite, located at 232 Fifth Avenue; Within The Central Business(CB)Zoning District. The use of the property as a multi-family dwelling is currently allowed under nonconforming conditional use provisions, because it was initiated prior to the requirement of a CUP in the Central Business District. In March 2019 the Community Development Department received a lodging permit and business license application specifying a mixed use of short-term and long- term rentals. Code states that this modification in use is subject to the requirements of §15.10.320,thus requiring the property owner to apply for the Conditional Use Permit. Please return this memo to Community Development by April 19,2019 so that your comments can be included in the staff report. This item will be heard before Planning and Zoning on May 7,2018. MI Have NO Comments On this Case ❑ I Have Comments On this Case: (attach separate sheet if needed) T610-ick C c7iuis 4/14/2019 Signed Date 57 o Main Office(907)224-4050 k a Ponce(907)224-3338 `ra Harbor(907)224-3138 CITY OF SEWARD M a Fire(907)224-33445 PO, L30X 167 0 City Cleric(907)224-4046 SE A D, ALAS A ^ 664-0167 0Engineering(907)224-4049 Utilities(907)224-4050 Fax(907)224-4038 SEWARD PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC Tuesday,May 7,20191 NOTICE IS HEREBY GIVEN that the Seward Planning and Zoning Commission will conduct a public hearing on the following business items at a regular meeting can May 7,2019. RESOLUTION 2019-00 OF THE, PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALAS , GRANTING A CONDITIONAL USE PERMIT SHELLY LINDELL TO OPERATE A MIXED USE SIB (6) UNIT MULTI FAMILY DWELLING ON LOT N10 FEET OF LOT 36 AND ALL OF LOT 37 BLOCK 8, ORIGINAL TOWNSITE, LOCATED AT 232 FIFTH AVENUE; WITHIN THE CENTRAL BUSINESS(CB)ZONING DISTRICT RESOLUTION 2019-007 OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, AL 'KA, GRANTING A CONDITIONAL USE PERMIT TO KENAI PENINSULA HOUSING INITIATIVES, INC. III To CONSTRUCT A ND OPERATE A. FOUR (4) UNIT MULTI FAMILY DWELLING ON L II FORT Yl1 O SUBDIVISION PLAT NO. 4, LOCATED AT 2204 DIMOND BOULEVARD; WITIHN THE MULTI-FAMILY (E ) RESIDENTIAL ZONING DISTRICT 2019-008 OF E PLANNING A ZONING COMMISSION OF THE RESOLUTION. CITY OF SEWARD,ALASKA,GRANTING A CONDITIONAL USE PERMIT IT BRAD SNOWDEN TO OPERATE A MIXED USE FOUR ( ) LNIT MULTI FAMILY DWELLING ON LOT 35 AND LOT 36 BLOCK 23,ORIGINAL TO NSITE,LOCATED AT 430 FOURTH AVENUE; WITHIN THE OFFICE RESIDENTIAL (OR) ZONING DISTRICT The hearing will commence at 7.(11)p.m.,Or as soon thereafter as business permits, in the City Hall Council Chambers,410 Adams Street, All interested persons are invited t0 attend. For more information„ contact the City of Seward Community Development Office,P.O.Box 167, Seward,AK 99664,or e-mail j_Wilde �qiAy2Lgw��. PUBLISHED: Will be published in the Seward Joumal on'rhursday April 25,2019 and,rhursday March 28,2019 under City Calendar. POSTED- 4F24/19 City Mall bulletin boarul. Seward Carntn unity Library C.I.S.Post Office Seward Annex Building bulletin board Harbormaster's Building 58 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE 1, VA I hereby cerfify that I have posted a Notice ofPublic D64.�� Kn Hearing,as prescribed by Seward City Code 1 15.01.040/'16.01.015 on the property that has been petitioned for a D At The notice was,posted on which is days prior to the public hearing on this petition. I acknowledge this Notice must be pasted in plain sight, po ed maintained and displayed until all public hearings have been completed. Affirmed and signed this 2A day of ViLl 2019. &L- Signature \\Cjf�S)DEPAR'l,'Mf',NTS\PANDZ\COMM(wJNITY—DEVELOPMENT—rOl,[)F,R\C(JNDITION.AL—tJSE.-.PER.Mi,rs\ 2019CUMCUP2019-05 232FIFI'tI AVE_SI-IELI,YL1, Lt,...,IMARA'1140NAP,AKf'MENTS\AFFIDAVII' OF POSTING RES 2019-006.DOC 59 CITY OF SEWARD, ALASKA, AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE Andy Bacon, upon oath, deposes and states: That he is employed in the Corninunity Development Office of the City of Seward, Alaska; and thators. A 124 2019 he mailed a Notice of Public Hearing to the real, property,owners within a 300 foot periphery of Lot N1 0 Feet of Lot 36 and.All off 37 Block 8, Original Townsite as prescribed by Seward City Code 15.01.040/1.6.01.015. Affirmed and signed this 24h day of April 2019. Andy Bacon Planning Assistant 60 Malin Office(907)224-4050 Felice(907)224-3338 CITY OF SEWARD a Harbor(907)224-3138 (. , f3C I6 0 Fire(907)224-3445 City Clerk(907)224-4046 iALl7° ��KA �)� a Engineering(907)224-4049 Utilities(907)224-4050 0 Fax(907)224-4038 SEW ARD I1I,AN INN & ZONING NING COMMISSION NOTICE OF"PUBLIC HEARING Nlay" , 2ILI "I'IC E IS HEREBY GIVF,N that the Seward Planning and 7b�riing C orri nlsslon will conduct. a public h arlrr ,can the following It nr of business at a regi lar meeting on May , 20.19. RESOL (J"TION I - 16 OF THE PLANNING AND ZPNI.NG COMMISSION OF THE CITY' OF SEWARD, ALASKA, GRANTING A CONDITIONAL LJSE PEltMI T 'TO SHELL LINDELL TO OPERATE A MIXED USE SIX (6) IJ I'T MULTI FAMILY Y DWELLING ON LOT N10 FEET OF LCI'T #36 AND ALL OF LOT T BLOCK 8, ORIGINAL TOWNSITE, L OC X TED AT 232 FIFTH AVENUE;UE; WITHIN THE CENTRAL BUSINESS(CB)ZONING DISTRICT 'You are being sent this notice because you own or have interest in property within '300 feet of the parcels affected by this action, Copies of the, Conditional Use Permit Application and staff review are.on file in the Community Development Oil-ice for public review, The public hearing will conrrnence at 7:00 p.m., or as soon thereafter as business permits,ts, In the City Councll. Chambers, City Hall, 4 10 Ac aITIs Street, Seward. All interested persons are invited to attend the meeting and participate in the chscrrsslmr r, written comments may be sent to the Seward Planning and Zoning Commission, c/o Community Development, '(.) Box 167, Sward, Ali 99664., or -mailed to abacon gcit c)fscewwrar�.�r t, Please note that an aerial location rrrap is included with this letter. Please feel free to email or call at.(+07) 2244049 if you have any questions. Sincerely, Andy bacon. Planning Assistant. City of Seward, Alaska 61 And Bacon From: rainyday<c-griz@yahoo.com> Sent: Saturday, May 04,2019 11:34 PM To., Jackie Wilde;Andy Bacon;C_Ecklund_Gmail;Tom Swann; Martha Fleming; Nathaniel Charbonneau;Gary Seese; Kelli Hatfield;Craig Ambrosiani Subject: P&Z May 7 packet Attachments: Garbage and Refuse Chapter 14.05.pdf Hi Jackie,Andy,and Commissioners, Here are my comments on the May 7 P&Z packet. Resolution 2019-006:Six-plex I always have concerns about adequate parking regardless of the zone.The number of off-street parking spaces for a six-plex were not mentioned as per SCC 15.10.215 Parking,but code requires 12 spaces.This unit only provides 4 on-site which pushes 6 additional parking spaces off-site onto public parking in a very tight area. The narrative should include square footage information for each unit,and further clarify use seasonally and year-round. Note:Gerhard"Stucco"Johnson,a famous stucco craftsman,of the 1920s-30s did the stucco work.His distinctive diamond-shaped decorations were frequently used on his work.It's a shame to lose these historic decorations when buildings are remodeled.Perhaps when the historic district is established,more attention could be given to preserve these unique attributes. Note:My Historic Trees and Shrubs list notes that this was built in 1904 as a boarding house run by Jenny Paulson.There were two unusual Mountain Maples,Acer Vicatum on south side of driveway by alley,possibly only ones in town.But on 10-14-18 1 only saw one on south side of driveway.Small height,but spreads wide with multiple trunks and branches.Beautiful fall colors of pink,yellow, orange,green.Worth saving. Resolution 2019-007:Senior housing four-plex I am disappointed that this 1.7 acres of city-donated land will not be used for more independent senior housing units.It seems that at least another five-plex or more should be built.It would fit if turned 900 Note:pages 28-41 are out of order and should follow page 23n7. I did not see snow disposal,garbage containers,and parking noted on site plans. I did not see the receipt of payment for the CUP fee. Will there be any mediation(increased insulation,landscaping etc)to reduce sight and sound impacts from adjacent bike park? Resolution 2019008 Four-plea B.Note:parcels to the east include a single family home,triplex,and a duplex. Pages 42-58 are out of order and should follow page 27. Page 48: where are Police concerns addressed re:stuff in front on-site parking spaces? Page 54: (4)where are potential impacts addressed from use of privileges granted to a hotel(gift shop,break-fast/barbequelmeet and greet functions)?Parking?Do hotel privileges apply to nightly lodging,or in an Office Residential zone? I did not see snow disposal or refuse containers noted on site plan. Some minor corrections in the packet: Page 62/77 suggest capitalizing"Pledge of Allegiance" Page 66n7 third paragraph,correct spelling to"Loertscher" Page 68/77 second line correct spelling to"anyone" second to last line correct"it's"to"its" Page 70/77 Remind public that SCC 9.35.020 Polystyrene foam disposable food service ware will be banned in October as well as 9.35.0 t 5 Non-biodegradable plastic carry-out bags.I hope restaurants and retail stores are aware of this now. Page 59:Attached are my suggested revisions of the current Chapter 14.09 Garbage and Refuse code.I incorporated current requirements from Alaska Waste,clarified many areas,reduced the fine,from$100 to a more reasonable$50,and noted my sources.I would appreciate help with penalties: who is responsible for enforcing the code and collecting the fines? Thank you for your consideration, Carol Griswold 62 Seward Planning & Zoning Commission Regular Meetin May 7, 2019 7:00P-m-.— City Council Chambers Cindy Ecklund Chair Tenn Expires 02120 1'. Call to Order Martha Flembig 2. Opening Ceremony Vice Chair Term Expires 02120 A. Pledge of Allegiance Gary Seese Commissioner 3. Roll Call Term Expires 02122 Tom Swann 4. Special Reports& Presentations Commissioner Term Expires 02122 A. City Administration Report Craig Ainbrosiani B. Other.Reports, Announcements &Presentations Commissioner Term Expires 02122 5. Citizens' Comments on any subject except those items Nathaniel Charbonneau scheduled for public hearing. [Those who have signed in Commissioner will be given the first opportunity to speak. Time is limited Term Expires 02/21 to 3 minutes per speaker and 36 minutes total time for this Kelli Hatfield agenda item] Commissioner Term Expires 02121 6. Approval of Agenda and Consent Agenda. (Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Commissioner so requests. In the event of such a request, the item is returned to the Regular Agenda.] Scott Meszaros City Manager Brennan Hickok Assistant City Manager Jackie C, Wilde Planner Andy Bacon Planning Assistant Planning and Zoning Commission Meeting Agenda May 7, 2019 1/77 63 7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given theft rst opportunity to speak] A. Unrinished Business Items requiring a Public Hearing-None B. New Business Items requiring a Public Hearing 1. Resolution 2019-006 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To Shelly Lindell To Operate A Mixed Use Six (6) Unit Multi Family Dwelling On Lot NIO Feet of Lot 36 and All of Lot 37 Block 8,Original Townsite,Located At 232 Fifth Avenue;Within The Central Business(CB)Zoning District........Page 3 2. Resolution 2019.007 of The Planning And Zoning Commission Of The City Of Seward,Alaska,Granting A Conditional Use Permit To Kenai Peninsula Housing Initiatives,lite.(KPHI) To Construct and Operate A Four (4) Unit Multi Family Dwelling On Lot 11A2 Fort Raymond Subdivision Replat No. 4, Located At 2204 Dimond Boulevard; Within The Matti-Family (R3) Residential Zoning District...................... ...............................................Page2O 3. Resolution 2019-008 of The Planning And Zoning Commission Of The City Of Seward,Alaska, Granting A Conditional Use Permit To Brad Snowden To Operate A Mixed Use Four(4) Unit Multi Family Dwelling On Lot 35 and Lot 36 Block 23,Original Townsite,Located At 430 Fourth Avenue; Within The Office Residential(OR)Zoning District............................Page 42 8. Unfinished Business-None 9. New Business A. Discuss Title 14.05 Garbage and Refuse........ .............................. Page 59 B. Follow-up discussion of April 16, 2019 Lodging Work.Session C. Set topic for May 21,2019 Work Session D. Approval of April 2, 2019 Regular Meeting Minutes..................................Page62 10. Informational Items and Reports(No action required)- A. Planning and Zoning"Did You Know"...................................................Page70 B. FEMA Region X Newsletter......................................................................Page 71 C. 2019 Planning & Zoning Meeting Schedule............................................Page74 D. City Calendars ........................................................................................Page75 11. Commission Comments 12. Citizens' Comments[Limit to 5 minutes per individual-Each individual has one opportunity to speak] 13. Commissions and Administration Response to Citizens' Comments 14. Adjournment --------------- Planning and Zoning Coinnit.ssi.on Meeting Agenda May 7, 2019 2/77 64 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RE,SOLUTION 2019.006 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO SHELLY LINDP'LL TO OPERATE A MIXED USE SIX (6) UNIT MULTI FAMILY DWELLING ON LOT N10 FEET OF LOT 36 AND ALL OF LOT 37 BLOCK 8, ORIGINAL TOWNSITE, LOCATED AT 232 FtrFH AVENUE; WITHIN THE CENTRAL BUSINESS (CB) ZONING DISTRICT WHEREAS,Shelly Lindell has applied for a Conditional Use Permit(CUP) from the Seward Planning and Zoning Commission to operate a six unit multi-family dwelling at 232 Fifth Avenue, North 10 feet of Lot 36 and all of Lot 37 Block 8, Original Townsite; and WHEREAS,the property is in the Central Business(CB) Zoning District; and WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.226, a dwelling, multi-family (3 or more units) is allowed in the Central Business Zoning District as a conditionally permitted use; and WHEREAS, the structure on the subject property was built in 193 1, prior to zoning requirements for a Conditional Use Permit; and WHEREAS, in accordance with section 15,10.315 (h) (1), a use that was legal and did not require a Conditional Use Permit when it was initiated, but now requires a Conditional Use Permit and shall be considered a legal conforming use and 111ay continue to exist as a conditional use subject to the provisions of this chapter and may be. modified in accordance with section 15.10.320; and WHEREAS, in accordance with section 15.10.320 (g)(4), Conditional Use Permits may be transferred from one owner to another for the same Use,but if there is a change in use on the property, a new permit must be obtained; and WHEREAS, the applicant has applied for a lodging permit, seeking to change the use of the dwelling from long-term rental to a mixed use of long-term and short-term rentals; and WHEREAS, having complied with the public notification process; on May 7, 2019, the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Sec `on 1. According to SCC 15.10.320.D,, the Commission -,hall establish a finding 3/77 65 Seward Planning and Zoning Commission Resolution No. 2019-006 Page 2 ........... that the use satisfies the following conditions prior to granting a conditional use pernnit: A. The use is consistent with the purpose of this chapter(the Seward Zoning Code) and the purposes of the zoning district. Finding:This condition has been met. The property is zoned Central Business(CB). The Central Business District provides for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services OCCUITing within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade. A multi-family dwelling is allowed in the Central Business District by conditional use permit from the Planning and Zoning Commission. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The neighboring properties include the City Hall Annex building, Seward Community Library, and a single family home. 'The subject property was developed in 1931 as a multi-family dwelling. The applicant has stated that they intend to renovate the building exterior, and have completed some, interior renovations. There is no indication that the development will negatively impact the value of adjoining properties, 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(2017)and Strategic Plan(1999) Seward 2030 Comprehensive Plan(approved by Council,May 30, 2017) 3.2.1 Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values (Page 13) Strategic Plan (1999) The Strategic Plan promotes residential and commercial development inside the City (Page 9). D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. Adequate water, sewer, and power are available to the property as well as adequate fire, police and solid waste disposal services. City code requires that every business within the City Must provide containers suitable for refuse collection (SCC 14.05). Construction waste and debris must be removed weekly and upon completion of construction. E. The proposed use will not be harmful,to the public safety, health or welfare. Finding: This condition has been established or shall be through the conditions. Based on Code, two parking spaces are required per dwelling unit, plus 112 spacc, for every unit larger than 2 bedrooms or greater than 1,000 square feet in size. Although 4/77 66 Seward Planning and Zoning Commission Resolution No. 2019-006 Page 3 within the Central Business District no on-site parking is required for commercial uses, the applicant has indicated four (4) on-site parking spaces are available. The building shall meet all building and fire code requirements and be reviewed through the building permit process. Adequate fire and police services are available to the property. 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 tire not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: I. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications prior to the issuance of any business licensing relating to the mixed use of the property. 2. The applicant shall work with all City Utility Departments for any possible upgrades to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued. 3. All parking and maneuverability shall remain on site for the life of the use. Four (4) parking spaces are required, as indicated on the submitted site plan. 4. Bear-proof/bird resistant containers shall be provided for all garbage and refuse for the life of the use. S. Construction waste and debris shall be removed weekly and upon completion of construction. 6. Per Seward City Code §15.10.325.F. an approved CUP 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. 7. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: A. When changed conditions cause the conditional use to no longer conform to the standards for its approval, B. To implement a different development plan conforming to the standards for its approval. C. The modification plan shall be subject to a Public hearing and a filing fee set by City Council Resolution, 5/77 67 Seward Planning and Zoning Commission Resolution No. 2019-006 Page 4 Section 2. The Planning and Zoning Commission finds that the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed on Section 1, Subsection F. arc met by the applicant, and authorizes the administration to issue a conditional use permit for a six unit multifamily dwelling to Shelly Lindell at 232 Fifth Avenue, North 10 feet of Lot 36 and all of Lot 37 Block 8, Original Townsite Subject to the above conditions. Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10,320; Conditional use pert-nits, and authorizes the administration to issue a conditional use permit. Additionally, the administration shall periodically confirm the use conforms to the standards of its approval, Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7'h day of May, 2019. THE CITY OF SEWARD Cindy L. Ecklund, Chair AYES. NOES: ABSENT: ABSTAIN: VACANT: A'I'MST, Brenda Ballou, MMC City Clerk (City Seal) 6/77 68 P&Z Agenda Statement Meeting Date: May 7, 2019 Through: Jackie C. Wilde, Planner r� From: Andy Bacon, Planning Assistant Agenda Item: Request for a Conditional Use Permit(CUP)to operate a mixed use six unit multi-family dwelling at 232 Fifth Avenue,North 10 fectof Lot 36 and all of Lot 37 Block 8, Original Townsite 13ACKGROUND &PSTIFICATIQN: Shelly Lindell has applied for a Conditional Use Permit(CUP)to operate arnixed use six unit multifamily dwelling at 232 Fifth Avenue, in the Central Business (CB) Zoning District. The structure presently located at 232 Fifth Avenue is a six-unit multifamily dwelling that wasconstructed in 1931,prior to the zoning requirement for a Conditional Use Permit. In accordance with Seward City Code section 15.10315(h)(1),a use that was legal and did not require a Conditional Use Permit when it was initiated, but now requires a Conditional Use Permit and shall be considered a legal conforming use and may continue to exist as a conditional use subject to the provisions of this chapter and may be modified in accordance with section 15.10.320. In accordance with Seward City Code section 15.10.320 (g)(4), Conditional Use Permits may be transferred from one owner to another for the same use,but if there is a change in use on the property,a new permit must be obtained. The applicant has applied for a lodging permit for this property,seeking to change the use of the dwelling from long-term rental to a mixed use of long-term and short-term rentals, thereby necessitating a Conditional Use Permit application, SURROUNDING LAND USE AND ZONING: The Central Business District provides for an area of convenient, attractive,concentrated commercial development primarily intended for retail, financial,entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade. The surrounding properties are all zoned Central Business District, and include the City Hall Annex, Seward Community Library, and single family homes.There are conmercial properties located to the West, across Fifth Avenue. Development Requirements: The six unit multi-family dwelling meets some Zoning Code Development Requirements (Table t 5.10.220) including building setbacks, lot coverage,and building height.The subject property is 4,000 square feet,therefore the building does not meet minimum buildable lot size for multifamily dwellings or studio apartments.The building was constructed in 1931,prior to zoning requirements,and is therefore a nonconforming structure. 7/77 69 Seward Planning and Zoning Commission Agenda Statement Page 2 Floodplain status: According to the FEMA Flood Insurance Rate Map, is not located within a flood hazard area. Utilities: Water, sewer, and power are available to the property. Adequate fire,police and solid waste disposal services are available to the property. City code also requires that every building or building site within the City must provide containers suitable for refuse collection (SCC 14.05). All containers shall be watertight with an anima[-proof lid.All construction waste and debris must beremoved weekly and upon completion of construction. Parking: Based on SCC§15,10.215(b), two parking spaces are required per dwelling unit,plus V2 space forevery unit larger than 2 bedrooms or greater than 1,000 square feet in size. Although within the Central Business District no on-site parking is required for commercial uses,the applicant has indicated four(4) on-site parking spaces are available. CONSISTENCY CHECKLIST: Yes No N/A Seward Comprehensive Plan(2030): 3.2.1 Promote residential and commercial development within the City X of Seward and its vicinity in accordance with community values (Page 13) Strategic.Plan (1999) 2. The Strategic Plan promotes residential and commercial development X I inside the City Limits(Page 9). Public Notice: Property owners within three hundred (300) feet of North 10 feet of Lot 36 and all of Lot 37 Block 8, Original Townsite were notified of this proposed conditional use permit action. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code§15,01.040 were met. At the time of this publication staff has received no inquiries regarding the proposed Conditional Use Permit, if any comments are received after this publication, they will be presented to the Commission as a laydown at the May 7,2019 meeting. 8/77 70 Seward Planning and Zoning Commission Agenda Statement Page 3 Staff Comment: Staff has reviewed the Conditional Use Permit application and no objections were reported. Department Comments A Comment Building Department Required fire separation/protection ,and life safety items will need to be verified E Xlectric Department X Fire Department This is a change of use from long term rentals to mixed occupancy which includes nightly rentals. This change will require stamped architectural drawings showing that fire and life safety require nents have been met. Harbor Department X Police Department X Public Works Department X Recommended Conditions: I. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications prior to the issuance of any business licensing relating to the mixed use of the property. 2. The applicant shall work with all City Utility Departments for any possible upgrades to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued. 3. All parking and maneuverability shall remain on site for the life of the use.Four(4) parking spaces are required, as indicated on the submitted site plan. 4. Bear-proof/bird resistant containers shall be provided for all garbage and refuse for the life of the use. 5. Construction waste and debris shall be removed weekly and upon completion of construction. 6. Per Seward City Code§15.10.325,F. an approved CUP 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. 7. Modification of final approval of a conditional use permit may,upon application by the permitce, be modified by the Planning and Zoning Commission: A. When changed conditions cause the conditional use to no longer conform to the standards for its approval. 9/77 71 Seward Planning and Zoning Commission Agenda Statement Page 4 B, To implement a different development plan conforming to the standards for its approval. C. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution, RECOMMENDATION: The COMMUllity Development Department staff recommends approval of Resolution 2019-006 granting Conditional Use Permit 2019-05 to Shelly Lindell to operate a six(6)unit multi family dwelling on North 10 feet of Lot 36 and all of Lot 37 Block 8,Original Townsite, located at 232 Fifth Avenue; within the Central Business Zoning District 10/77 72 City of W I? 2 12019 CFr'V OF eaEAV ,R:D �:�,, 1 �r lo p ep 1.f k.krsch, prrF r-� r CONDITIONAL USE PERMIT APPLICATION f€fM.krl,ara� "i�rac:t twi{�irr( f This completed application is to be submitted to the Community Development Department no later than three(3)weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of each month.The application must be accompanied by the$250 Bing fee.In addition,please provide an as-built survey if the property has been developed or a scaled site plan Wth elevations if the property is undeveloped. Applicant: eZA Address t✓e, Telephone Number. - / Email: Property Owner of other than applicant). Address:_r Gfl Telephone Number: Email: Propefty Descrilaton Address` r- , �._ Lot Size`.�._...�.�..�.�... ...�.. u.G`✓ a��,,,.�,,,,,__ L.otw _Block: � -Subdivision: B C y j i)G'�'�Lci 1 Kenai Peninsula Borough Tax Parcel ID Number. Developfflent Information What structures are on the property? How is the property being used? What is the proposed use of the property What is the development timeline? Please note that prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit,it shall be established that the proposed use satisfies the following conditions of Seward City Code 15.10.320(See the attached pages for specific City Code requirements) 1 1/77 73 l I ty o f 8"d "Ara R 2 12019 A) The proposed use Is consistent With the requirements of the Seward Zoning Code and the designated zoning,district Please describe the use. Wt. c /'V �) Describe any impacts to the adjoining properties and how property values may be affected. " C) How is the crop=use consistent with the Seward Comprettens€ve Plan?explain,You can view the plan at FrktraWll v w c6& a sc wvare€, a l 7k< 1. beeii 1 4 . D) �crille I list the pt do services4nd facil€ties that will serve the proposed use.� e,,roads, Utilities.) Mo ^ .) E") The proposed project or use must not be harmful to the public health,safety and welfare. Describe any mitigation measures that may be needed to protect the public health,safety and welfare. 7 tC] e F) Include building elevation plans and a site plan,drawn to scale.The site plan should include: i)Property dimensions 2)Location and dimensions of existing and planned buildings 3)Parking configuration 4)Driveways and access 5)Natural features 6 Other pertinent information 12/77 74 city e)F43h9ward NA Pl ?019 C 10 I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge and that I have the following legal interest in the property: Owner of record Lessee Contract purchaser Authorized to art for a person who has,the following legal Interest: I understand that this item will be scheduled for action only if all application materials are submitted not less than three weeks In advance of the next regularly scheduled Planning and Zoning Commission meeting.Requiv meetings are held the first Tuesday of every month. o Applicant Signature: Property Owner Signature* t Enclosed: $250 Payment Dimensioned plot plan I drawings C Rey. Other: 13/77 75 MWOMMUMM 1,kk we, abLe. /eymode /wmtet5 loc al, 1),epfle" Y'awr at'oow �n,�,,swvl -Implalees, .7he VM 4�6zx;f /"4 v -IA- eNc; el o lMmzae. "6,,r olty of Sowar(l MAR 2 12019 14/77 76 city of suvv,�J�C,t MAR 2 ,1 mig collimunitV A 15/77 77 joy MAR 2 n ""Community D6vefopr,,66,jj p fV 1Y Y low 4 r x f : t � I i 1 Q7 78 CRY or Bow ar MAID 2 1 01 Coommunity Development K&W INTCRIORS Name: Address: 9300 OLD SEWARD HIGHWAY,ANCHOAAGCE,AtASKR 99515 SHOWROOM(907)344-3080 FOX(907)349-5373 Dr Ong by-. Dater..._ 17/77 79 i V f y a ry tl I /7 u r e 1 r i �P Jrr r J � w /1/��r �i���lG r✓i � ✓' �/ � 7w+ n r ✓�l�r i yar I /,g � r �'„ ✓r�� fi��v ��� r '����Y�/�'�%�,������ yrr ,✓- 1 � r �, I✓ ', �. y II IV - !rj J���r�yr n r � r '%�,��llll/��G lv '✓�'1;�n r' r I✓i� r � � �/✓fir�r< ,!y � �� <� r � r Ok e n- , � �✓ 7lY c J y i ' " } 9 9 t � 4 ✓ a r, D r , f es 2019-006: CUP for mixed use 232 Fifth Avenue ightly and monthly rental in CB® N Drawn By: AB 312912019 Due to different data sources property lines and aerial 0 50 100 zoo Feet imagery do not overlay correctly. Map is to be used for orientation and reference purposes only. Mapping Assistance by Alaska Map Company.Lt c 19/7"7 81 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript LIST OF NAMES FLEMING =Martha Fleming SEESE= Gary Seese SWANN = Tom Swann HATFIELD =Kelli Hatfield CHARBONNEAU=Nathaniel Charbonneau WILDE= Jackie Wilde BACON=Andy Bacon CRITES = Clinton Crites NILSSON = Stefan Nilsson MRS. KULSTAD =Mary Kulstad MR. KULSTAD = Mark Kulstad S. LINDELL= Shelly Lindell M. LINDELL=Matt Lindell 82 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 10:39 FLEMING: Okay. Now we go to number seven. Public Hearing. Um, under A, 2 Unfinished Business, there is um, none. New Business B. Items Requiring Public 3 Hearing. The first one is Resolution 2019 dash 006. 4 WILDE: The resolution of the Planning and Zoning Commission of the City of 5 Seward granting a conditional use permit to Shelly Lindell to operate a mixed use of six 6 unit multi family dwelling on Lot N10, or the north feet, sorry, Lot 10 north ten feet of 7 Lot 36 and all of Lot 37 Block 8 of the original townsite, located at 232 Fifth Avenue 8 within the Central Business District. Ah, Madam Chair and Commission, as I stated 9 before, Shelly Lindell has applied for this conditional use permit, um, to operate a mixed 10 use sing- ah, six unit multi family dwelling at 232 Fifth Avenue. The structure presently 11 is located at 232 Fifth and is a six unit multi family dwelling that was constructed in 1931 12 prior to zoning requirements for conditional use. In accordance with the city, Seward City 13 Code Section 15.10.315 pg. 1 A use that was legal and is not, and did not require a 14 conditional use permit when initiated, now, but now requires a conditional use shall be 15 considered a legal conforming use and may continue to exist as a conditional use, subject 16 to the provisions of the chapter, and may be modified in accordance with the section. The 17 surrounding land and land use zoning is central business district which provides an area 18 of convenient attractive, concentrated commercial development primarily to intend retail, 19 intended for retail and financial, environ-, er, entertainment and professional services 20 occurring within enclosed structures. Ah, the surrounding properties of the location are 21 all zoned commercial business district. It includes the Seward City Hall Annex, the 22 Seward Community Library, and single family homes. They are all commercial 23 properties located on the west and across Fifth Avenue. Ah, the public notice par- 24 property with owners within 300 feet um were notified and proposed with conditional use 25 application action. Ah, the public notice were signs were posted on the property and all 26 public hearing requirements were met. At the time of the publication, we had received no 27 inquiries. Um, the coun- the commission was cc'd on an email from a citizen and we have 28 responded back with the answers to her questions. And ah, as far as staff comment, the 29 building department is required um required fire separation and protection and life safety 30 items will be need to be verified. And at this time, I'm going to ask ah Deputy Fire Chief 83 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 Clinton Crites to come up and talk about that, so you guys understand what they are 2 wanting and needing and possibly add some provisions to our CUPs. 3 CRITES: So, it's ah on behalf of the Fire Department, the Building Department, 4 um, obviously the Life Safety, Fire and Building and Plans Reviews. Um, so what we 5 would like to recommend and ask of you for any upcoming CUPs is that we require a 6 code study or code analysis by a certified architect ah with a certified drawing stamped. 7 Uh, the reason is we can only do so much and only have so many ideas. Ah, where you 8 have, uh, one building that may have been, whether its apartments or monthly housing or 9 um an office building, once you change that use, it drastically changes uh fire and life 10 safety needs and we're not architects, we're not certified. It's gonna be beneficial to the 11 building owner to have another set of eyes because whereas we may see it as needing 12 sprinklers systems, an architect may be able to design something where it's, uh, a two 13 hour fire wall instead of sprinklers or no, this needs to be sprinklered, don't worry about 14 the fire wall or it needs a fire alarm system on top of two hour or one hour separation. So, 15 that's where we want to ask, not just this in particular CUP that you are looking at, but 16 any CUP coming forward that would change the use of the building uh have a code study 17 done for that. That way, it really takes the burden off of the City trying to negotiate, you 18 know well what if I do this or what if you do that, um, an architect is gonna have eight 19 different ways and then they can show them, well if you do it this way it costs this much. 20 You know, we really don't want that on our plate as far as telling someone, you need a 21 sprinkler or you need to put in a one, two hour fire separation and then we tell them the 22 wrong way and they spend fifty thousand dollars when it could have been maybe you 23 know half that. So, um that's our recommendation. Um, I don't know, Stefan, you have 24 anything else to add on that? 25 15:58 NILSSON: No, not really. Just getting in, we're getting into more restrictive use, 26 eh, from monthly to nightly and, eh, with that it's, uh, so it's all life safety, uh, concerns, 27 so when you have people staying at a nightly place like you have someone staying in 28 Ketchikan one night and then staying in Seward one night and then stay in Homer next 29 night. If you had a fire in the building, they might not know how how to get out of the 30 building cause they don't know where they were staying that night, maybe, and confused. 84 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 So, there is guidelines that you need to do for nightly for that reason, where you need like 2 two handrails to get down the stairs, you need emergency lights, you need exit signs, you 3 need different things like that to guide people out. So, so monthly is same like residential 4 where you live for a long time, you are very comfortable with your surroundings, you can 5 get out with blind-folded pretty much like and stuff so these kind of things. And then, 6 verify that we do get uh fire separations that we need like in a hotel, for example, they 7 have the fire separations already and you go get sprinklers and they have the fire 8 separations between their rooms they have fire-rated doors and they have, uh, separations 9 way up in the attic even and actually in the basement and all that stuff so, um, we're just 10 trying to um follow the code on that part but there are so many different ways you can do 11 it. 12 CRITES: There is. And that's kind of where we've been backed into a coiner. Not 13 just the three or whatever you have here on your agenda, we're getting calls almost every 14 day, "Hey, can I do this? Can I do that?" and we're kind of in a pickle and well, yes, if 15 you do this. Um, but again, there could be eight different ways of doing it and just we 16 have to stop doing that for everybody, we're not architects. We can't design the building 17 for them. And a lot of people want us to do that as you tell me what you want me to do. 18 We can't really do that. That's not, that's not our job and that's not our responsibility and 19 we're not trained in that. Uh, we can we're trained in verifying you did what the architect 20 said. 21 SWANN: You what was the, uh, verbiage you used? 22 Multiple voices talking over each other. 23 SWANN: A fire separation code study? 24 CRITES: So, I've heard them called a code study, a code analysis, a code review 25 analysis, uh, I think, it's really, each architect, kind of, calls it its own thing but you're 26 basically asking them, "Take my building, Do a code study". In other words, apply the 27 currently adopted 2012 IFC fire and life safety codes. 28 SWANN: Fire and life safety codes. 29 CRITES: Yeah, IFC would be the International Fire Code, 2012 that's what the 30 city's adopted. 85 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 SWANN: I wanted to make sure I get this correct. If it's not just a code study, the 2 code study goes way beyond fire. And since there an older building and they're not, 3 they're not... 4 CRITES: Right. Because IBC International Building Code is gonna address some 5 of the existing parts that IFC might not cover. 6 NILSSON: Life safety is not just fire. 7 CRITES: Yeah, they're looking at IBC, they're gonna look partly at electrical, 8 they're gonna look at the building itself, uh, and all the features that make it, you know, 9 mainly life safety, yes, that's what we're concerned about but there are maybe some IBC, 10 some building features that's not covered in the fire features itself per se. Um, for 11 instance, you wanna talk about putting up sheetrock. He tells you how many screws you 12 gotta have. I tell you how much sheetrock you gotta have. So, it's kind of, you gotta 13 blend both of them together. 14 SWANN: But, right. My concern is, and I guess I mean this is where it gets a little 15 difficult being in this meeting for this operation. I actually think this, well I won't bring it 16 up, I think this needs a work session. But okay, you answered your question, my 17 question. 18 FLEMING: Okay to ask questions right now? 19 WILDE: Yeah, go ahead. 20 FLEMING: So under the code that we live on, the 2012, there's a certain amount 21 of units before they have to have a fire suppression system. How many units is that'? 22 CRITES: So it depends on how many, I mean what you're talking units. If we're 23 talking a residence with units, are we talking an apartment building or that's so we're in 24 this grey area of five to six being a cutoff, and ten and above. 25 SWANN: Which of those two [unintelligible word] 26 CRITES: So, we have lodging. We have residence. Um, anything over six we're 27 considered lodging. Um. 28 SWANN: Over six is lodging'? 29 CRITES: Yes. 30 SWANN: And over ten if its apartments? You just said two different things. 86 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 NILSSON: As far as sprinklers goes. 2 SWANN: Correct. 3 CRITES: If that's what you're asking. 4 SWANN: Yeah. 5 CRITES: Are you just saying when do you have the sprinkler? 6 FLEMING: Kind of. That's kind of my, yeah, I know there's a number. 7 CRITES: But there's numbers but there's again 8 Multiple voices talking over each other 9 FLEMING: Right, right, right. 10 CRITES: ... because he may be able to say well yeah, you have ten but you've 11 got two hour fire separation everywhere then he or she's okay with that. Whereas, we 12 look at that and say ten automatically you've got to be sprinklered. That's why we don't 13 want to be in that position of saying, "Nope, you've got to be sprinklered". Well, an 14 architect may have another, another way that's more creative than we can come up with. 15 Uh, but typically anything over six, we're get into lodging, nightly lodging, when you're 16 talking nightlies. Again, room and board, monthlies, long term, I mean there's a list of 17 occupancy types, so when you're asking that question, it's kind of hard for me just to say, 18 "Bam, six, ten" you know. Skilled nursing facility, you know they're all and I don't want 19 to narrow it down because like I said, any change of use. If you've got a large home, it's 20 seven, eight bedrooms and now you want to make it assisted living. Again, the code study 21 would be required. So, I don't want to single that out just to nightlies. However, nightlies 22 is our hot topic and that's what we're having a lot of conversation about, but it really 23 should be towards any significant change of use. Just so we don't have to have this 24 conversation again in the future. 25 SEESE: Ah. 26 FLEMING: Yeah. 27 SEES: I'm Gary. And, ah, where you gonna get this architect? You get him out of 28 Anchorage, Fairbanks, Seattle? 29 CRITES: Well, they need to be an Alaska, have an Alaska stamp. 30 SEESE: OK. But here in Seward, we don't have one. 87 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 WILDE: It wouldn't be, Gary, we wouldn't give you the architect, you, yourself, 2 as the homeowner or business owner would have to hire the architect. 3 SEESE: Right, but he'd have to go outside the community because, and that's 4 expensive. 5 SWANN: It is. 6 CRITES: It's more expensive when we lose lives, though. 7 SEESE: Well, I'm not gonna go get my license. I'm an architect, educated, but I 8 have to get thirty years of compliance under my belt to do it again. 9 CRITES: There's a lot of architects that we've found are being really uh really 10 helpful in working with us that, um, that would love to work with people that 11 [unintelligible word] I don't, I don't know if I should say but, I think we have one local 12 that and we may have a local one in the future. Um, so there's a there's a possibility. Um. 13 SEESE: That'll be good. 14 CRITES: That would be great but we don't have that quite yet. Yeah, you're 15 right, you'd have to go to Anchorage, Kenai. 16 FLEMING: Any other questions'? [no response] OK thank you. 17 CRITES: Yup. 18 WILDE: So Madam Chair, to finish that up, um again under the staff reviews as 19 we said, both the building and fire department are requesting that we require a code study 20 of some sort be added as a provision into our CUPS from here forward. Uh, all of the 21 recommended conditions are listed on page 9. I'm not gonna read through all of them. 22 Um, and I'll open it up to your, your citizen comments for public hearing if you want to. 23 FLEMING: OK. Thank you. Any other questions for administration? Is there any 24 citizens interested in commenting'? 25 BACON: Um, yes, we have Mary Kulstad. 26 FLEMING: K. Please state your name and speak. 27 MARY KULSTAD: Hello. My name is Mary Kulstad. I own, or my husband and 28 I own, the Hotel Seward across from the property. I have several concerns. Um, I'd like 29 everybody to be able to increase their income and change their properties to be what 30 they'd like them to be, but it does affect all of the neighboring properties in a number of 88 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 ways. One the fire code that he speaks about. As a hotel, we were required to spend the 2 money to do the things that are required. I would expect anybody else trying to do nightly 3 lodging to do the same thing. I don't think it's more than expected for life safety. And 4 that to increase your income, you also have to increase your constant build-up. So that's 5 my one input there. My other input is the burden that nightly lodging puts on parking. 6 And I understand that they were gracious enough to add parking, which was very helpful 7 for me, to review their application for this. But in looking at it, I also see that I thought it 8 was a six unit but it appears to be a seven unit building and not a six unit building. It also 9 has, I'm not gonna get into why I count how many bedrooms but that does effect the 10 building and fire codes as well. Because you can rent out each one of those bedrooms not 11 just the units for nightly lodging once you do that. There was also a notice in here that 12 four units would be kept for monthly and the other two for nightly and then one for 13 seasonal, which seemed to be an option I guess. Um so there's a variety of uses that are 14 being applied here that I'm not sure how you can verify that they do not all end up being 15 nightly in the end because that is what increases your money. Once you make that, how 16 do you control that when you're doing a mixed use? Um, the parking issue for this street 17 is extremely limited and that happened because of the Edgewater. The Edgewater got 18 their permit to build a hotel verifying that they would do, or making the commitment that 19 they would do valet parking and bought the lot up the street. From day one, they didn't 20 do it. To this day, they don't. All of their guests, park on the street and take up the 21 Cookerys, ours, theirs as far as their hotel or even apartment, and it limits everybody 22 drastically. And then to add nightly, you can't tell whether there's one person with one 23 car or three people coming with three different cars and the burden it will put on parking, 24 so I hope would hope you would consider all that in any application for conditional uses 25 that either change the use completely or make it a mixed use. Any questions? No? Thank 26 you very much for your time. 27 FLEMING: Anyone else? 28 BACON: Ah, yes, we have Matt Lindell. 29 M. LINDELL: Shelly will speak. 30 WILDE: Shelly's gonna speak. 89 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 BACON: Oh okay. Shelly Lindell. 2 28:16 S. LINDELL: Hi, I'm Shelly Lindell. Um, I married to the owner of the property 3 that we're talking about. I just want to give you a little bit of a background of the 4 property. Um, when we talk about seven units...it is seven units, by the way. Um, you 5 have to kind of consider we have this whole water (or, wad of) thing when we're doing 6 changing how they structured that. They're very small units. They're only one bedroom 7 units, except for one, which is a two-bedroom unit. The average, I think, square feet is 8 about four hundred square feet. So, they're really only good for one person. So in a way, 9 we kind of, as far as like, what we use, it's like a multi-family, er, seven people. It's not 10 seven families living in the building. There's not, most of the apartments are only big 11 enough for one person. And the seasonal, we are doing a seasonal because we thought it 12 would be good for the community to have people who are coming to work here, 13 somebody have a place to stay. We keep the other ones, some of them, for for locals 14 because we like that idea. We wanted to be a part of the community and we wanted to 15 offer something really nice and we've been upgrading since October of 2017. We've 16 spent a lot of money. We're doing everything ourselves. So, the nightly rental helps keep 17 our prices down for our local residents. If we don't have that income, we will have to 18 raise their rent and it's already high. And I just don't believe in charging more than 19 we're. We're proud of what we are doing and I hope you guys see that and I hope you 20 consider we do have the parking. We only have seven units. We provided four parking 21 spots. We're not taking up the street parking. Our guests, if they come most of them are 22 coming, they're flying in, and they're coming in on boat, the cruise ships, they don't have 23 cars. I don't feel like we are a problem on the street parking. It could be, and I would 24 welcome anybody if you're ever concerned about what we're doing, come meet our 25 residents and see. And you're gonna notice the same cars parked out there all winter long. 26 And the other thing that we did in the winter time is we kept some of them vacant 27 because the building does get a lot of use with nightly rental. A lot of people coming and 28 going. The walls are thin. It's a very old building. So we give our local residents a break 29 during the winter and it gives us time to do construction. You see the outside of the 30 building and we've got a long ways to go. Thank you. 90 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 FLEMING: Anyone else signed in? 2 BACON: No, there is no one else signed in. 3 MARK KULSTAD: Actually, I did sign in. 4 BACON: Oh. 5 WILDE: Mark wants to speak. 6 FLEMING: State your name and. 7 31:of MARK KULSTAD: I'm Mark Kulstad and I'm married to Mary Kulstad of Hotel 8 Seward. Um, I've talked to Stefan before and um, I guess, I've been in real estate most of 9 my life and so, the idea of the fire separations and the things that the fire marshal, er, 10 spoke about are, or we just heard...um, the walls are thin....I don't know if anybody has 11 ever had a fire, but I have had several of them in property management and it's not a 12 good thing. And so, by our standard because they are nightlies is probably something that 13 the City has to look into or else the City is going to be sued for it. Um, same thing with 14 stairs and ingress/egress, all those kinds of things that that that it mentions as far as an 15 architect. An architect sees those things but whether or not, I can't calculate a rise of 16 stairs whether or not it's adequate for Kelly Downer going up in the dark or whether a 17 window height is large enough. Um, but um, uh, a hallway is a dead-end, and it's too 18 long, but um, I think that it's, um, [unintelligible] suggestions as far as getting those 19 things reviewed. Um, Mary mentioned the um, uh, Edgewater, yeah, now it's the, uh, 20 Best Western and their parking. It really is an issue. Um, it continues, I know these guys 21 across the street, uh, um, we have to swap back and forth, especially when we can't park 22 on one side of the street, um, which, um, I don't know, the City is very aggressive about 23 giving you a warning ticket about it a lot of times. If they are not doing anything, uh, they 24 might consider, um, making that a less a little more lenient, um, even in the winter time 25 because we have lots of guests that, we do park in our parking lot but then, I see, uh, the 26 building across the street here that shift both sides on a regular basis. And uh, oh and 1 27 also mentioned that just to take into consideration, um,just because it is a unit of sleeping 28 rooms, uh, I saw a silly show on TV just the other day where a lady was asking her 29 roommate why she was sitting on the couch and she said, "Oh, I just vacationed rentaled 30 over my nightly, my apartment, my room". So, I think that it's probably happening, um, 91 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 it's kind of a silly story but sleeping rooms are sleeping rooms and they are going to 2 increase the number of people staying in those units. Okay, thank you. 3 FLEMING: Anyone else like to speak? 4 M. LINDELL: Um, I just, my name is Matt Lindell. Shelly and I are the owners. I 5 just wanted to make one little clarification on the thin walls. Um, I did speak with Stefan 6 about it when we bought the thing and asked him about life safety issues and stuff. And 7 trying to figure out, which the architect would help, how do you rate a lathe and plaster 8 wall for fire safety? So, walls are thin but they are lathe and plaster, so I'm not exactly 9 sure and Stefan wasn't exactly sure either when we talked about it how you rate them. 10 There's no sound protection and that's why you can hear between as well and I would 11 agree with them a hundred percent on the parking issue with Best Western. Um, if 12 anybody was here two weeks ago or a week ago, the street was empty. Best Western 13 opened. There was no parking on either side of the street last week. Um, some of our 14 tenants occasionally call Marvin across the street at the gym to see if they can park over 15 there because there is traditionally no parking. So, I think the Best Western, there is an 16 issue with them, creating a parking issue. That's it. 17 FLEMING: Anyone else'? Seeing none, can I have a motion please? 18 SWANN: I will make a motion that we pass resolution - 19 WILDE: Madam Chair, I need you to close the public hearing, please. 20 FLEMING: Okay, I am closing the public hearing. 21 SWANN: I'd like to make a motion that we pass Resolution 2019-006. 22 WILDE: Do I have a second? 23 HATFIELD: Second. 24 FLEMING: Okay, discussion. Do I have to say motioned and seconded again? 25 WILDE: No, he said it. 26 FLEMING: Okay, open for discussion. Would you like to start? 27 SWANN: I can start, yeah. I was looking at the same thing and realized it is seven 28 units and um, as apartments, we have passed some new ruling in the fact that, as 29 apartments, we've loosened the ruling or as small units, which I look at them as the same 30 thing, these are small units, very similar to Cole and Jena's place which would require 92 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 seven parking places but since it's an, and this is where I'm not really sure what we've 2 done in the past with apartments in CBD. Um, but generally, even apartment buildings in 3 CBD, have to go by there, even though they're in CBD because they're year-round 4 living, they still are required to have off-street parking, even in CBD through the CUP 5 process. Um, on the other hand, if it's a, well it's not a B&B, it's a hotel, we're getting 6 into seven rooms. Um, its seven rooms and it is and I did not get the opinion it is being 7 operated as a B&B, where the owner is living on the property. So, it is a true hotel, which 8 if we are going to pass the CUP for both uses we have to look at the most restrictive rules 9 for both conditions because they can have all seven rooms nightly or they can have all 10 seven rooms monthly. And so being, asking for a CUP permit for both, we need both sets 11 of rules. As seven rules, seven rooms, the most liberal we've been with a hotel is sixty- 12 six percent, sixty-five percent. Seven rooms at sixty-five percent is actually, um, is that 13 four spaces or five spaces? 14 FLEMING: Sixty-five percent of seven? Anybody have a calculator? It'd be four 15 and a half or so. 16 SWANN: Anyway, it's over four. So, it's five spaces. So, in this case, I mean, the 17 problem, I looked at this before coming in here, when I came up with this problem is in 18 either case, they currently don't meet the parking requirement. And um, and so, from a 19 conditional use permit, I can't see them going forward with it. That's where I stand on it 20 anyways. 21 FLEMING: Well, I think we can, um, put as a conditional use that they— 22 SWANN: Provide more. 23 FLEMING: Provide more parking. That's what, that's kind of what this whole 24 process is. We, we look at it, what they have, and we decide. So, we can create, we can 25 add that to their conditional uses. So, you're recommending... 26 SWANN: Well, we can discuss it or not. 27 FLEMING: Okay, okay. 28 CHARBONNEAU: Well, Tom, it seems like it needs to be a little more parking, 29 you know, with the current usage. The parking is going to change. [Unintelligble] 30 FLEMING: Okay. 93 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 WILDE: Madam Chair, so, the calculations would be 4.5. Sixty-five would be 2 4.5. 3 SWANN: Right. 4 FLEMING: Right, so we would have to put more space somewhere. 5 SWANN: Right but, on that, we're going both sides, so they really need seven 6 regardless. 7 FLEMING: Because its seven units. 8 SWANN: Right because even if you said there was a hotel, they don't have hotel 9 guests, so they are really separating each unit separately. So it's really a requirement to 10 provide seven spots. So that would be my recommendation that we add in there. That 11 could be both of them. I think the Fire Department had the same thing in there absolutely 12 appropriate asked for, um, [Unintelligble] I'm trying to get the wording. Um. 13 FLEMING: Okay. So we'd amend what you already had written to add, uh, I think 14 that's the way we have to do it. 15 WILDE: So I need somebody to, uh. 16 SWANN: Write up a. 17 FLEMING: Right. 18 WILDE: An amendment. 19 FLEMING: Would we under...uh, where would it be? 20 SWANN: K. 21 FLEMING: No, I don't know where that, where you put your conditional uses I 22 guess is my problem. 23 WILDE: So, we put them on, um. 24 SWANN: In our recommended. 25 WILDE: In the recommendations, in the recommended conditions. We'd make an 26 8. Is that what you are asking for, to make an 8? Page, page five of the resolution on your 27 packet. 28 SWANN: Um. 29 FLEMING: So, it'd be right here. 30 SWANN: Ali, we want to word the life safety issues. So, we could do. 94 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 FLEMING: Well, that's two different issues. Let's get this one done and go to the 2 next one. Address the parking. So, 8 would be, um, "Owners would have to provide 3 seven". 4 WILDE: Well, let me re-phrase. Number 3, we can amend that because 3 where it 5 talks about parking and it says, "All parking and maneuverability shall remain on the site 6 for the life of the use. Four parking spaces are required as indicated on the submitted site 7 plan". So you can change that to seven parking spots are required. 8 FLEMING: Do they have a place, they don't have enough room on the site 9 though, so it wouldn't be on the site plan. We just have to just change it to seven spaces. 10 WILDE: Seven spaces and then, they could do the four in the back and three in 11 the front. I mean cause they are in CBD so I don't know how they could do that. 12 FLEMING: Right. 13 SWANN: Well, we're talking about seven off-street parking, not seven out front, 14 that's not an option. 15 FLEMING: And what's happened for example for Fifth Avenue is that they 16 approached harbor enterprises and use half of their parking spots they got, they basically 17 rent that, and then they rest of the parking spots after 5:00 o'clock, from 8:00 a.m. to 5:00 18 p.m. it's used, so it's really working with the community around you. Is how you get that 19 to work. Because they have the same problem. It wasn't a conditional use for them but 20 they have a problem with their parking they had to solve. 21 WILDE: So we can, you can put that just four parking spaces, I mean seven, 22 parking spaces to be required. 23 FLEMING: Seven. Just change this to seven required and get rid of"as indicated 24 by..." 25 SWANN: Seven. Seven parking spaces. So, I'd like to make an amendment to 26 recommended conditions 43 changing it to "seven parking spaces will be required off- 27 street". 28 FLEMING: Any second? 29 CHARBONNEAU: I'll second. 30 WILDE: Vote. 95 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 FLEMING: We need to know that[Uaintelligbile] 2 WILDE: Go ahead and vote. 3 FLEMING: Call for a vote. 4 BACON: Voting on the amendment to change. 5 WILDE: F3. 6 BACON: To amend condition F3 striking four, replacing with seven. 7 WILDE: And adding the words "off street." 8 BACON: And adding the word "off-street". Are we voting roll-call on this? 9 WILDE: Yes. 10 FLEMING: Roll call, yes. 11 BACON: Roll call vote on it. Seese? 12 SEESE: Yes. 13 BACON: Swann'? 14 SWANN: Yes. 15 BACON: Hatfield? 16 HATFIELD: Yes. 17 BACON: Charbonneau? 18 CHARBONNEAU: Yes. 19 BACON: And Chair Fleming? 20 FLEMING: Yes. 21 BACON: That amendment passes. 22 FLEMING: OK, we're still discussing, in discussion mode. Do you wanna, does 23 somebody else want to talk for a minute or? Okay, so um, I, I'm not sure if it's possible at 24 this time to make it, um, make a recommendation that they get a code study or if it's too 25 late because they've already gone through a lot of the building or whether it's okay to 26 have it as. 27 WILDE: It is okay for the commission to add it as a provision. That's the whole 28 point of a conditional use. So, you can add it and they can either comply with it or not go 29 forward with the conditional use if it's approved in the. Let's say you guys add it and 30 then gets voted and approved. They have the option to follow through with it within six 96 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 months or extend their CUP to create and do the things that you have asked of them or 2 they can say I just don't want to do the CUP. 3 FLEMING: And they can stay in their rentals, stay doing their rentals the way 4 they're doing it now. 5 WILDE: The way they're doing it now. 6 FLEMING: Right. Um. 7 SWANN: Professional life safety. 8 FLEMING: Right, because I really do think there is an issue with the fire and it's 9 such an old building. Unfortunately, I own an old building, too, um, in Anchorage that 10 has the same problems. It's a difficult way to go, but hopefully, following you'll be able 11 to do your nightly and get your money back, um, because I think you can in this town. 12 Ah, but I do believe safety is more important, and it's true, I don't think we can rely on 13 the firemen and the building inspectors to come up with the plan. 14 WILDE: And I also don't think that it's the Commission, the Planning and 15 Zoning, or the Community Development, or the City to put a price tag on a human life, so 16 you know, we need to try to enforce and put any provisions that we can to uphold that life 17 safety portion. 18 FLEMING: And, ah um, so I think what we. 19 SWANN: So, what my question is, we spoke earlier with the Fire Department and 20 they asked us to require a professional architect review. Um, and it is a commercial 21 building, so I guess that, I'm just, I'm just going through my mind again trying to, uh, 22 yeah, if you're, as a commercial building you'd be required to have an architect and 23 engineering review for, um, modifications, so, so, that makes sense, ok. For a 24 professional architect review of life safety. 25 FLEMING: Code study is what they call it. Code review analysis. 26 SWANN: That's life safety. Do we go straight to the life safety or because it's a 27 commercial building, it's just a requirement review because its structural that could run 28 into that also and having somebody who knows, um, especially, well, that's not our 29 concern, um, would they require an architectural. 30 WILDE: Code study would be. 97 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 SWANN: Code,just code. 2 WILDE: Just code study. 3 SWANN: Just code study. 4 WILDE: No, just code study, cause then it would cover all of the codes that we 5 follow. Am I correct? 6 NILSSON: It would be, ah. We were asking for the architectural and it's mainly 7 when you go from one type of use to a more restricted use. 8 WILDE: OK. 9 NILSSON: And if you're not doing any changes in the building per se, then the 10 structural you know wouldn't maybe make a big difference in it but, ah, when you 11 changing the use, even if you're not changing anything in it, the building, you're just 12 using it for a different type of use, um, there really needs to be, it really should go 13 through, uh, I guess it should go through a permit. 14 WILDE: If we call it a code study, that would cover everything, right? 15 NILSSON: Yeah, the architecture. 16 SWANN: And an architect would know, would know, cause you're not making 17 changes an architect would know of, you don't have to change that. 18 NILSSON: Right. 19 SWANN: So, that's where I, I just don't want to make it so restrictive that all of a 20 sudden we're throwing this thing into a. 21 NILSSON: And it will not, it will not affect existing like, let's say you're not 22 doing anything over here, you can't go back in and open up walls and change wiring, for 23 example, and require those kinds of things. It's just there's a lot of leeway on existing 24 buildings, um, where you don't have to do a lot of things, even stairs if they don't meet 25 today's code you don't have to change them. 26 SWANN: Correct. 27 CRITES: If you're not changing use. 28 NILSSON: That's right. 29 WILDE: If you're not changing use, but if you are changing the use, then they 30 would have to meet the code. 98 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 CRITES: It has to meet the most restrictive code. 2 WILDE: The most restrictive. 3 CRITES: Um hmm. The more restrictive. So in the end, you've got monthly, 4 that's not as restricted as nightly, so you'd have to be more restrictive. 5 SWANN: So, we're just going to require professional architectural code study. 6 FLEMING: Yup. So it would be number eight. 7 WILDE: Amendment to F adding a number 8? 8 SWANN: So, I'd like to make a motion that we add under recommended 9 conditions 48 "to require a professional architectural code study". 10 FLEMING: Second? 11 CHARBONNEAU: I'll second. 12 FLEMING: Roll call? 13 WILDE: Roll call. 14 BACON: Yeah, roll call on the amendment to add condition #8 to require a 15 professional architectural code study. Seese? 16 SEESE: Yes. 17 BACON: Hatfield? 18 HATFIELD: Yes. 19 BACON: Swann? 20 SWANN: Yes. 21 BACON: Charbonneau? 22 CHARBONNEAU: Yes. 23 BACON: Chair Fleming? 24 FLEMING: Yes. 25 BACON: That amendment passes. 26 FLEMING: I'm going to ask, there might be more. Any more? Okay, I'd like to 27 make an amendment to change the title from, um, to "Shelly Lindell To Operate A Mixed 28 Unit of Seven (7), A Mixed Use Seven (7) Unit Multi Family." 29 SWANN: I second that. 30 FLEMING: [Unintelligble] Cause it's in there, it's in there wrong. 99 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 WILDE: Yup. 2 FLEMING: And then maybe wherever else it hits. I don't know that might be the 3 first. 4 WILDE: Yeah, the first Wheeras we can change it. Once it's changed in the title, 5 we can change it throughout. 6 BACON: Madam chair, would you like a roll call on the housekeeping? 7 FLEMING: Sure, yes. 8 BACON: Alight, roll call on the amendment to change the title and subsequent 9 references to six unit multi-family dwelling...to seven unit multi-family dwelling. 10 Hatfield? 11 WILDE: Hatfield. 12 HATFIELD: Oh, yes. 13 BACON: Swann? 14 SWANN: Yes. 15 BACON: Seese? 16 SEESE: Yes. 17 BACON: Charbonneau? 18 CHARBONNEAU: Yes. 19 BACON: And Chair Fleming? 20 FLEMING: Yes. 21 BACON: That amendment passes. 22 FLEMING: Okay, any other, any other discussion? Seeing none, can I ask for. 23 WILDE: Voting on the amended. 24 FLEMING: Voting on amended Resolution 2019-006. 25 BACON: Roll call vote on Resolution 2019-006 as amended. Hatfield'? 26 HATFIELD: Yes. 27 BACON: Swann? 28 SWANN: Yes. 29 BACON: Seese? 30 SEESE: Yes. 100 PLANNING&ZONING COMMISSION MEETING Meeting Date: May 7, 2019 Verbatim Transcript 1 BACON: Charbonneau? 2 CHARBONNEAU: Yes. 3 BACON: And Chair Fleming? 4 FLEMING: Yes. 5 51:59 BACON: 2019-006 is passed and approved as amended. 101 Sponsored by: Applicant. 111LANNINC AND ZONING COMMISSION RESOLUTION 2019-(H)6 A RESOLUTION OF THE PLANNINCV AND ZONING COMMISSION OF THE CITY OF SE WARD, A.LASICA, GRANTING A CONDITIONAL OSE I' RN11"I"TO SHEL.I.Y LINDELL To OPERATE A MIXED USE SEVEN (7) UNIT NIULT1 "AMII.Y I)WWELL.ING ON LOT NI(1 FEET OF LOT" 36 AND ALL OF LOT" 37 BLOCK 8, O .11GINAL T 'VWNS TE, LOCATED AT 232 FIFTH AVENUE; WITHIN THE HE CENTRAL BUSINESS(CB) ZONING DISTRIC11f WHEREAS, Shelly Lindell has applied for a Conditional Use Permit(CUP) from the Seward Planning and honing Commission to operate a seven unit multi-ttunily dwelling at 232 Fifth Avenue, North 10 rect of l..ot, 36 and all of l,ot 37 Block 8, O riginal 'l'ownsite; and WHEREAS,the property is in the Central Business(CB) Zoning District and W`IINI•.REAS, according to the Seward City Code, [,arid Uses Allowed J'able 15.10.226, a dwelling., multi-family (3 or more units) is allowed in the Central Business Zoning District as a conditionally permitted use:acid % WHEREAS, the structure oar the su `ect property was built in 1 ) ,l, prica to zoning requirements fbr a Conditional Use Permit; and WHEREAS, in accordance with section 1; .10,315 (h) (1), a rase that was legal and did riot require a C,onditionaal (Jse Permitt when it was initiated, but now requires as C,"e r�ditica tal UsePermit and shall hey considered as legal conforming a arid may continue to exist, as a cc>nclitionaaI use subject to the provisions of"this chapter- and may be moditied i accordance with section 15.10.320; and WHEREAS, in accordance with section 1 .10.320 (g)(4), Conditional Use permits may be transferred from one owner to another tear the same use, but if there is as change in use on tlae property, a new permit must be obtained, and WHEREAS, the applicant has applied ft)r a lodging permit,, seeking to change the use ofthe dwelling fioara long-term rental to a nixed use of long-term and short-term rentals; aaad. WHEREAS, having complied with the public notification process, on May 7, 2019, the Seward Planning and /A)ning Commission held the required public hearing on the Conditional Use Permit:application, NOW, THEREFORE, BE IT RESOLVED by the Seward planning and Zoning Commission that:: o„ Section 1, According to SCC" 15.10.320.1.)., the Commission shall establish a finding 102 r . " Seward Planning and Zoning Commission Resolution No. 201 q-00 Page 2 that the use satisfies the following conditions prior to granting a conditional use permit: A. The use is consistent with the purpose raj.tires (Ita ter (tile Seward Zoning C:`lde) and the purposes crf the zoning clestrid Funding; 'this condition has been met. The property is tanned :ventral Business (CB). The Central Business District provides liar an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment, and protcssional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact grump of businesses of` the type which are Mutually beneficial and located close enough together to encourage walk-in trade. A multi-family dwelling is allowed inn the Central Business District by conditional use permit from the Planning and Zoning Commission. 11 . The value of adjoining roperty a it"not be significantly impaired Finding: This condition has been met. The neighboring properties include the City, l[all Annex a building, Seward Community l.,ibrary, and as single family home.. The subject properly was developed in 1931 as a multi-family dwelling.. The applicant has stated that they intend to renovate the building exterior, and [lave completed some interior renovations. There is no indication that the development L IE will negatively impact the value, ofauJouling properties. C. "Peelrrcrlacrsec arse is r°u h urrrae�rcy uvula the St rd"Comprehensive ['burl. Finding; ,.1."his condition has been nnc.t. The proposal is in harmony with the Seward 2f1 Cf Comprehensive flan(2C)l e')land strategic flan (1 99) Seward 2030 Comprehensive flan (approved by Council,May,I'll, 2#1 ,2.1 Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values(Page 1 ) Strategic Plan(1999) °I"Ine Strategic flan promotes residential and commercial development inside the City (1)(Ig' ) U. Public Services and facilities are adequate to serve the proposed use. Finding: This conditican has been met.. adequate, water, sewer, and power are available to the propetly, as well as adequate fare, police and valid waste disposal services. City code requires that every business within the City must provide containers suitable for refuse collection (SCC' 14.05). Construction n waste and debris must be reunnanved weekly and upon completion ofconstruction. E. The proposed use well not be harrmjitl to the public sgfqy, health or lve?filre. Finding; This condition has been established or shall be through the conditions. Based can. Code, two parking spaces are, required r dwelling unit, plus "/a space for even unit larger than bedrooms or greater than per square p �� �`� y g g q c: feet in sire. Ithcnuagln 103 Seward Planning and Zoning Commission Resolution No. 01 -006 Page LE1111, within the Central Business District no can-site parking is required tear commercial uses, the applicant has indicated fcaarr (4) earn-site parking spaces are available. The building shall rnneet all building an(] fire code requirements and be reviewed through. ` the building permit process. Adequate fire and policeservices are available to the;, property,. F. Any and all specific conditions deemed necessary ky the commission tofulfill the aaa ot7e-a etitiarned'c..-arnalltiarns shall be met by the applicant. These miq include but arc not limited to nneasures relative tar creek*ss, screening, site development, building design, operation cryj'the rzve and other similar aspec a related to the prcawyrmsed use. Based on the above findings and conclusions, approval of the CUP shall IV subject to the following conditions: 1. The applicant shall work with City staff through the building permit. process to address and accomplish any required upgrades or modif ications prior to the issuance of any business licensing relating to the mixed use ofthe property. . The applicant shall work with all Cite Utility Departments fiar ally possible upgrades to the water, sewer and/or electric utilities prior to a '' certificate of occupancy being issued. �j �! I All parking and maneuverability shall rcrrraira can site for• the life caf" tine use. Seven (7)oft'-street parking spaces are required. 4. Bear-proof/ hird resistant containers shall be provided for all garbage and refuse;, fc r the life of the use. . Construction waste and debris shall lae removed weekly and upon completion of construction. 6. Per Seward City Code §15.10.325.F. an approved CUP shall lapse six months from the dates of approval if the use for which the permit was issued has not been implemented or a building permit obtained. T'he Commission nnay grant as six month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 7. Modification of final approval of a conditional use permit may, capon application by the pernvuitee, be modified by the Planning and Zoning Connnnissio n: A. When changed conditions cause the conditional use to no longer conform to the standards for its approval. B. To implement as different development plan conforming to the standards for its approval. C. The modification plan shall he subject to a public hearing and a filing fc set by City Council Resolution. 8.. The applicant shall obtain a professional architectural code study to address the change in use oft:he building 104 Seward Planning and Zoning Commission n Resolution No. 2019-006 Page 4 / ..... Section 2. The Planning and Zoning Commission fields that the proposed Ilse, subject to the above conditions satisfies the criteria for granting a conditional use Permit provided the conditions listed can Section 1, Subsection F. are: met by the applicant, and authorizes the administration to issue a conditional use permit for a seven unit multifamily dwelling; to Shelly Lindell at 232 l'ifili Avenue, North In feet of Lot 36 and all cif' Lot 32 Block 8, Original Townsite subject to the above conditions. Section 3. The Planning and ,Zoning; Commission finds that. adherence to the conditions of this Permit is Paramount in maintaining the intent of,Seward City Code Section 1 .10.32t1,. Conditional use Permits, and authorizes the administration to issue a conditional use Permit. Additionally, the administration shall Periodically confirm the use contorms to the standards of its approval. Section 4. This resolution shall take effect 10 days t'ollowing its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this ?7'h day of" ay, 2019. l ' "[m cut'V" OF SEWARD Martha lry leming, Vice C"h AYES: I latlield, Swann, Scese, Charbonneau, la`leming NOES: ABSENT: Ambrosiani, l c lurid ABSTAIN: VACANT: 71 rends l3allou, C r�r City Clerk (City Val ". �O M� ` + P&Z Agenda Statement Meeting Date: May 7, 2019 Through: Jackie C. Wilde, Planner From: Andy Bacon, Planning Assistant Agenda Item: Request for a Conditional Use Permit(CUP)to operate a mixed use six unit multi-family dwelling at 232 Fifth Avenue,North 10 feet of Lot 36 and all of Lot 37 Block 8, Original Townsite BACKGROUND &JESTr-FICATION: Shelly Lindell has applied for a Conditional Use Permit(CUP)to operate a mixed use six unit multifamily dwelling at 232 Fifth Avenue, in the Central Business (CB) Zoning District. The structure presently located at 232 Fifth Avenue is a six-unit multifamily dwelling that was constructed in 1931, prior to the zoning requirement for a Conditional Use Permit. In accordance with Seward City Code section 15.10.315 (h)(1),a use that was legal and did not require a Conditional Use Permit when it was initiated, but now requires a Conditional Use Permit and shall be considered a legal conforming use and may continue to exist as a conditional use subject to the provisions of this chapter and may be modified in accordance with section 15.10.320. In accordance with Seward City Code section 15.10.320 (g)(4), Conditional Use Permits may be transferred from one owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. The applicant has applied for a lodging permit for this property,seeking to change the use of the dwelling from long-term rental to a mixed use of long-term and short-term rentals, thereby necessitating a Conditional Use Permit application. SURROUNDING LAND USE AND ZONING: The Central Business District provides for an area of convenient, attractive, concentrated commercial development primarily intended for retail,financial,entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade. The surrounding properties are all zoned Central Business District, and include the City Hall Annex, Seward Community Library, and single family homes. There are commercial properties located to the West, across Fifth Avenue. Development Requirements: The six unit multi-family dwelling meets some Zoning Code Development Requirements (Table 15.10.220) including building setbacks, lot coverage, and building height.The subject property is 4,000 square feet, therefore the building does not meet minimum buildable lot size for multifamily dwellings or studio apartments.The building was constructed in 1931,prior to zoning requirements,and is therefore a nonconforming structure. Seward Planning and Zoning Commission C� Agenda Statement Page 2 Floodplain status: According to the FEMA Flood Insurance Rate Map, is not located within a flood hazard area. Utilities: Water, sewer, and power are available to the property. Adequate fire, police and solid waste disposal services are available to the property. City code also requires that every building or building site within the City must provide containers suitable for refuse collection (SCC 14.05). All containers shall be watertight with an animal-proof lid.All construction waste and debris must be removed weekly and upon completion of construction. Parking: Based on SCC§15.10.215 (b), two parking spaces are required per dwelling unit, plus V2 space for every unit larger than 2 bedrooms or greater than 1,000 square feet in size. Although within the Central Business District no on-site parking is required for commercial uses,the applicant has indicated four(4) on-site parking spaces are available. CONSISTENCY CHECKLIST: Yes No N/A Seward Comprehensive Plan (2030): 3.2.1 Promote residential and commercial development within the City X of Seward and its vicinity in accordance with community values (Page 13) Strategic Plan (1999) 2. The Strategic Plan promotes residential and commercial development X I inside the City Limits (Page 9). Public Notice: Property owners within three hundred (300) feet of North 10 feet of Lot 36 and all of Lot 37 Block 8, Original Townsite were notified of this proposed conditional use permit action. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code§15.01.040 were met. At the time of this publication staff has received no inquiries regarding the proposed Conditional Use Permit. If any comments are received after this publication, they will be presented to the Commission as a laydown at the May 7, 2019 meeting. 077 Seward Planning and Zoning Commission Agenda Statement Page 3 Staff Comment: Staff has reviewed the Conditional Use Permit application and no objections were reported. Department Comments No N/A I Comment Building Department Required fire separation/protection and life safety items will need to be verified Electric Department X Fire Department This is a change of use from long term rentals to mixed occupancy which includes nightly rentals. This change will require stamped architectural drawings showing that fire and life safety re quirements have been met. Harbor Department X Police Department X Public Works Department X Recommended Conditions: 1. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications prior to the issuance of any business licensing relating to the mixed use of the property. 2. The applicant shall work with all City Utility Departments for any possible upgrades to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued. 3. All parking and maneuverability shall remain on site for the life of the use.Four(4) parking spaces are required, as indicated on the submitted site plan. 4. Bear-proof/bird resistant containers shall be provided for all garbage and refuse for the life of the use. 5. Construction waste and debris shall be removed weekly and upon completion of construction. 6. Per Seward City Code §15.10.325.F. an approved CUP 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. 7. Modification of final approval of a conditional use permit may, upon application by the permitce, be modified by the Planning and Zoning Commission: A. When changed conditions cause the conditional use to no longer conform to the standards for its approval. q1OP7 Seward Planning and Zoning Commission Agenda Statement Page 4 B. To implement a different development plan conforming to the standards for its approval. C. The modification plan shall be subject to a public hearing and a Filing fee set by City Council Resolution. RECONMENDATION: The Community Development Department staff recommends approval of Resolution 2019-006 granting Conditional Use Permit 2019-05 to Shelly Lindell to operate a six(6)unit multi family dwelling on North 10 feet of Lot 36 and all of Lot 37 Block 8,Original Townsite, located at 232 Fifth Avenue; within the Central Business Zoning District 109?7 1 tV r, n �V °0 r,khrlil$ckebp This completed application is to be submitted to the Community Development Department no later than three(3)weeks in advance of the next regularly scheduled Planning,and Zoning Commission meeting. Regular meetings are held the first Tuesday of each month.The application roust be accompanied by the$250 fling fee. In addition, please provide an as-built survey if the property has been developed or a scaled site plan with elevations if the property is undeveloped. Applicant. Lllt _..._.,_.� Address. � °i" i ." _ °� d` Email: e� Telephone Number: ,� W, .._. .�.. v l.� _. .m ... Property Owner(if other than applicant): Address; � .. Telephone Number: �a ;:a Email:, . Property Description Address -� ;,; .� ' Lot Size: 4 ` Lot ,4 14 Block: � _ Subdivision: rzs i: )I .� sec,.t ° swear n"4 /�'I vidin6°'N Kenai Peninsula Borough Tax Parcel ID Plumber. Development Information What structures are on the property> y"z it-h ''7(Y 1-:k Flow is the property being used? do & 2 ILI� What is the proposed use of the property 1'�� � �� �,r�� �IT����' _�::� What is the development timeline?,. Please note that prior to the Seward Planning and,Zoning Commission granting a Conditional Use Permit,it shall be established that the proposed use satisfies the following conditions of Seward City Code 16.10.320(See the attached pares for specific City Code requirements) 1 V77 a(y SOWC10111,11 MAR 212019 A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district. Please describe the use. ai e� B) Describe any impacts to the adjoining properties and how property values may be affected. kl/ "Va Lz L 5 Ma' IK 1/2LL -'se Fli "A Axwlf"" C) How is the proposed use consistent with the Seward Comprehensive Plan?Explain.You cart view the plan at:htt ly�rt""M�'6b mlvard,usi /4 z'� Ak'hyir' 11"Vt ir, /I &eli —ILL 'iA D) l 09"Z f lkxt the public services and facilities that will serve the proposed use -0.,roads, utilities.) E) The proposed project or use must not be harmful to the public health,safety and welfare. Describe any mitigation measures that may be needed to protect the public health,safety and welfare. F) Include building elevation plans and a site plan,drawn to scale.The site plan should include: 1)Property dimensions 2)Location and dimensions of existing and planned buildings 3)Parking configuration 4)Driveways and access 5)Natural features ether pertinent information ........... 1 V17 C'ty �"A R 2 I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge and that I have the following legal interest in the property: Owner of record Lessee Contract purchaser Authorized to act for a person who has the following legal interest: I understand that this item will be scheduled for action only if all application materials are submitted not less than three weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. Applicant Signature: Property Owner Sig nature: Enclosed: $250 Payment Dimensioned plot plan drawings Other: 1 Y77 Ile OW /,c)c ,apt 7be 11'4 Ile As h"lG Me /a, limwMly 145" ",//, 0,A 1 )e MAR 2 12019 Cmiununhy inewlyn, 14177 Oit Yea fi IMIAR 2 kr ............ 1917 r r (Wty or a ..,e.., H � ; R i a 5 r; � e w,. °i r + a �4. a P,r �y r >♦ ' r 6M Ny^r�C�b'hd�,R�'"��, e __ y ., u ....._...._,_,_............... 4� 84 ',I INTERIORS imdlane:. Address: SHOWROOM (907) 34 4-3080 FAX (907) 49-5373 Drawingb _: r�r�� r� p r VY I f Y, i i I, t o, f y r r a l /1 ! rid Jl� MA 10 i / �.mm i% � 1 � J1,f/ , >1�� r ', f � ° l✓ � 1f r%i'1���` �' �td��.°°ww r d r i r r r uINP' r , �I, r 1 (r i r i / , es 2019- : CUP for mixed use 232 Fifth Avenue ightly andrat rental Drawn By: AB 3/29/2019 Due to different data sources property dines and aerial c ,o `100 20o Feet imagery do not overlay correctly. Map is to be used for orientation and reference purposes only. Mapping Assistance by Alaska Map Company,LLc 1 77 SEWARD PLANNING & ZONING COMMISSION CONDITIONAL USE PERMIT NO. 2019-05 ISSUED TO: Shelly Lindell 1151 W 79`'Avenue Anchorage, AK 99518 EFFECTIVE DATE: May 18, 2019 LOCATION /USE: Operation of a mixed use seven unit multi-family dwelling at 232 Fifth Avenue, North 10 feet of Lot 36 and all of Lot 37 Block 8, Original Townsite This Conditional Use Permit is granted by the Seward Planning and Zoning Commission to Shelly Lindell to operate under the following conditions: 1. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications prior to the issuance of any business licensing relating to the mixed use of the property. 2. The applicant shall work with all City Utility Departments for any possible upgrades to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued. 3. All parking and maneuverability shall remain on site for the life of the use. Seven(7)parking spaces are required 4. Bear-proof / bird resistant containers shall be provided for all garbage and refuse for the life of the use. 5. Construction waste and debris shall be removed weekly and upon completion of construction. 6. Per Seward City Code §15.10.325.F. an approved CUP 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. 7. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: A. When changed conditions cause the conditional use to no longer conform to the standards for its approval. 119 Conditional Use Permit 2019-05 Page 2 B. To implement a different development plan conforming to the standards for its approval. C. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. 8. The applicant shall obtain a professional architectural code study to address the change in use of the building Section 2. The Planning and Zoning Commission finds that the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed on Section 1, Subsection F. are met by the applicant, and authorizes the administration to issue a conditional use permit for a six unit multifamily dwelling to Shelly Lindell at 232 Fifth Avenue,North 10 feet of Lot 36 and all of Lot 37 Block 8, Original Townsite subject to the above conditions. Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320; Conditional use permits, and authorizes the administration to issue a conditional use permit. Additionally, the administration shall periodically confirm the use conforms to the standards of its approval. PASSED AND APPROVED by the Seward Planning and Zoning Commission Resolution 2019-006 the 7t1i day of May, 2019. THE CITY OF SEWARD, ALASKA By: Jackie C. Wilde Planner Recorded in Seward Recording District Return to: City of Seward Community Development P O Box 167 Seward AK 99664 120 ;aL 1 Andy Bacot From: Andy Bacon Sent: Wednesday, May 08, 01 :4 "AM Tw. Jackie Wilde Sub Shelly Lindell Phone Meeting 'i Jackie, Shelly Lindell would like to schedule a phone meeting with you today at 4:00 PlM if you're available.She left a message this me rain and said that her vwcark schedule is restrictive right now, sty OM today is all she has available in the near- terrn®She would like to discuss the steps movingforward after last night's rneetin , tier phone number is lJ 4J Andy Bacon on Planning ssi taant City of Seward 9(Y7-224-4049 a.. 121 Jackie Wild From:: Andy Bacon sent Monday, May 20, 701. 10:46 AM To: Shelly L"rndeh Cc: Janice Melvin; Clinton Crites, Stefan Nilsson Jackie Wilde; Eddie Athey Subject: CUP 2019-05 and Arch, Code Study , tt �chalraent : CUP 01. -05 Lindell 7-plex.pdf Shelly, Thank you for the call this morning regarding your Conditional Use 1'ceraaait. 1 have attached a copy of what the C'rxnmission atioro aed gat the May 7 rave eting, . uraaa g � *rsation ou,said deaf you did not 1`aave an objection to the request for a code study, but 1 understand that you have questions and comments relating to the process by which a code study is obtained, You also mentioned that you had taken some steeps to initiate the process, l spoke with Jackie about our call today and she felt that your questions would be more appropriately addressed by the building department. have cc"d building department staff can to this cernail to give them a heads up. The building department contact number is t17- 4_ 44 (bltp- Aw , It ofsew r .ra 'snd . , ac7n d=1. ) Staff may be able to answer your questions directly over the phone,but you also offered to meet to go over this information on the rnurning of`Fu sday, May 2811,. If care answer any other clu stio s regarding the content oftlacr attached malt, please last meknow. lbank you, Planning Assistant City of Seward 907-224-4049 a 122 REMOVE ON a1" APPROVED Sponsored by: Applicant PLANNING AND ZONING CO�MMISSION RESOLUTION 2019-006 A RESOLUTION OF THE PLANNING AND ZONING COMMI&SION OF THE CITY OF SEWARD, ALASKA, GRANTING, A CONDITIONAL USE PERMIT TO SHE I,L I,,IND I L TO OPERATE A MIXED USE SEVEN (7) UNITMULTI FAMILY DWELLING CAN LOT NIO FEET OF LOT 36 AND ALL OF LOT 37 BLOCK 81 ORIGINAL TOWNSITE, LOCATED AT 232 FIFTH AVENUE; WITHIN THE CENTRAL BUSINESS(CB)ZONING d IS"T"RT.C"T° W HEREAS,Shelly Lindell has applied for a.Conditional Use Permit(COUP) from the Seward Planning and :honing Cw'om nissioo to operate a seven unit multi-family dwelling at. 232 Fifth Avenue, North 10 fret of Lot 36 and all of Lot 37 Block 8, Original Town site;and AS,the property is in theC entral Business(C�`dd 1`u�ninl;district„and ASS, according to the Seward City Code, Land Cases Allowed Table 15.10. 26, a dwelling, multi-family (3 or more units) is allowed in the Central Business Zoning district as a conditionally permitted and WHEREAS, the structure on the subjectprr aerty was built In 1< 1, prior to oniuug . requirements for a Conditional Use Pennit;and WHEREAS, in accordance ordance with section 15.10 15 (lu) (1), a use that was legal and did not require a Conditional Use Permit when it was initiated, but now requires a Conditional Use Permit and shall he considered a legal conforming use and may continue to exist as a conditional use subject to the visions of this chapter and may be modified in accordance with section 15.10. 0;and WHEREAS, in accordance with section 15.10. 20 (g)( ), Conditional Use Permits may be transferred from one owner to another for the same use,but if there is a change In use on the property, a new permit must be obtained;and WHEREAS, the applicant has applied for a lodging permit, seeking to change true use of the dwelling from long-term rental to a mixed uuse Of long-term and short-teruuu rentals„ and WHEREAS, having complied with the public notification process; on May 7, 2019, the Seward Planning and Zoning Cw°onumims»sion field the required public [tearing on the Conditional Use ftmnit application. NOW, THEREFORE, BE, IT RESOLVED by the Seward planning and Zoning Commission that: _ According to SC'C 15.10.32OJ ., the Cornmassion shall establish a finding 123 Seward Planning and Zoning Commission Resolution No. 2019-f Page 2 that the use satisfies tlae following conditions prior to granting aco ditiaaaaaal use Permit A. The use, is consistent with the purpose of this chapter (the Seward Zoning ode) and the purposes uses of the zoning district "laar :This condition has been taut. "file propertyis Central Business(CB). "fhe Central Business ss District provides for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring with in enclo d strauctures. Regulations applying to this rAane are designed to encourage a compact, group of businesses cal` the type which are mutually beneficial and located close enough together to encourage walk-in trade. multi-family dwelling is allowed in the Central Business District by conditional use permit from die Planning a caning Commission. B. The value of ai#aining propel will not be signUicantly impaired Finding: This condition has been met. The neighboring proMfies includle the City Hall ,naaeac building, Seward Community library, and a single family home. The subject property was developed in 1 m 1 as a multi-family dwwelling. The applicant has stated that they intend to renovate the building exterior, and have completed some interior renovations. rhere is no indication that tlae development will negatively impact the value of adJoining properties. C. The proposed use is in harmony with the Seward Comrnprehen4ve Phan. Finding: This condition has been met. 1"he proposal is in harmony with the S 2030 Comprehensive Plan(2017 and Strategic Plan(l999) �ewwr lord fl:l 'aanuu re uwensiwaeua (approved by Council,May dQ,2CIl .11 Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values(Page e 3) 4�ategie The�Strategic Plan promotes residential and commercial develcapmerat inside the City (Page ). D. Public Services a nd faac ddaues are adequate to serve the proposed use. Finding: This condition has been met. Adequate water, server„ and power are available, to the property as well as equate fire, police and solid wrvaaste disposal services. City code requires that every business within tile City must provide containers suitable for refuse collection ( CC 14.05). Construction waste and debris must be removed weekly aawwal upon completion of construction. P. The proposed"use wifl not be harmful'to the public safety,health or welfare. Mading:This condition has been established or shall be through the conditions. Based on Code, two parking spaces are requiredper dwelling unit, plus V: space for every unit larger than 2 bedrooms or greater than ISM square feet in size. Although 124 Seward Planning,and Zoning Commission Resolution No, 2019-006 Iae within the Central Business District no can-site parking is required for crrnrrnercial uses„ the applicant has indicated tour ( ) cars-site parking spaces are available. 'he building shall meet all building and fire code requirements and he reviewed through the building pennit process. Adequate fare and police services are available to the property, F. Any and all 4wcific conditions deemed necemvary by the commission o fW'Il the above-mentioned conditions shall be met by the applicant.. °I*ese may include but e not fimited to measures s relative to access, screening, site development,bu design, e n of the use and othersintilar aspects re kited to the proposed►sed mve. Based can the above findings and conclusions, a naval Of the CUP shall be s-subject to the following conditions: I The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications prior to the issuance of any business licerasin relating to tfre aaaiaced use of the property. I The applicant shall work with all City Utility Departments for any passible upgrades to the water, sewer and/car electric utilities prior to a certificate of occupancy being issued, . All parking and maneuverability shall remain can site for the life of the use. Seven(7)parking spaces are required. 4 bear-proof/laird resistant containers shall be provided for all garbage and refuse for the life of'the use. + Construction waste and debris shall be removed weekly aard upon completion of construction. 6. per Seward City Code t ,11. 2 .F. an approved CUP shall lapse six nionths from the date of approval if the use for which the permit was issued has not be-en implemented or a building permit obtained. The Commission may grant a six month extension upon finding that circumstances have not charmed sufficiently .since the date of initial peranit approval. '. Modification of final approval of a conditional use permit may, upon application by the perrnitee, be modified lay the planning and &aaing Commission: A. When charmed conditions cause the conditional use to no longer confcnrm to the standards for its approval. 1 . To implement a different development; plan confonning to the standards for its approval. C� The modification plan shall be subject to a public hearing and a filing fee set. by City Council ltcsolaaut'ion. 8. The applicant shall obtain a professional architectural code study to address the change in arse,of the building 125 Seward Planning and Zxming Commission Resolution t! o. 2019.CICIC Page e tiou The Planning and Tuning C.�eaul mission finds that they taro � use, suula t to the above conditions satisfies the criteria for grantinga conditional use p rrruit pruuwri the conditions listed can Section 1, Subsection F. are meet by the applicarut, and auutheari izs dae administration to issue a conditional use p rrnit for a seven n unit multifamily dwelling to Shelly Lindell at fifth Avenue,, North 10 feet of Tit Ci and all uuf" T�uat � l3lcu lc , Original Townsite subject to they above conditions. ilinu�1, The Tanning and Zoning Commission finds that adherence to the conditions cal`this permit is paraul ouunt in maintaining thin intent of Seward and City Cook, e .ticaru t ,1 0. Cf; Conditional use permits, and authorizes the administration to us&suue a conditional use permit. Additionally, the administration shall periodically confirm the tLse conforms to the standards of its approval. .fTe a This resoluution shall take effect 10 days following its adoption. PAS ll ) T' ' "C)V T+J) lay the ew and Planning and Zoning Commission this 1" day of May, 2019, THE CITY(OF SEWARD Martha Fleming,Vice Chair E.S: Hatfield, Swann, Seese,Charlacanneauu, Fleming NOES: .TTSl:;NT: Ambrosiam, Ukluund Trt-s'r. Brenda Ballouu, l hPlC ......._ ._. ..._.. City Clerk (City Seal) 126 Andy Bacon Frtarn: Shelly Lindell <sh ily,lind llt trrac.cea se tttt: Friday, May 24, 2019 .21 AM To: Andy Bacon Subject: Re:CUP 2019-05 and Arch.Code Study rtellcr Andy, t nmled to e arify, Whilc wr,we,urnkrstanci the reason fury dw request for dtaa code srn-sey,at this tint,„1 can nett say we do riot object or we drt attalec.t because there are tent nnsn,y unkowns involving ttrts new ullindare, What we would greatly appreciate�s a diwm ion on the p ss and procedures and financialimplications,and who hears the hu,rden, We take(tic,permit process araeruttrrsly and fturrwe ttrparn tar rewrttwae the asp�is faart us,wsta0 havic only lewd to more,questions and cronfusion. Our peals is to natet the Life Safety Standards a�not�1 burden of the ent parkin�he cities current � situation on thAve, At this nine we need to submit an appe« to ripen the fearnna far further thought and dr aussion. e uwRt supply the. a1 docuurtwnt,but can you advise wauturt the City of Sewwrard"s process is? Our attorney infktntied its the 10 days to appeal starts ralae clay we ra,xxive a legal signed deteu nnent. To this date we have ara reketiwued a legal signed drat.-turnternt. During aura discussion 1 said we lradn°t a ppearled(fore to the fact we, outlining a " raw "Lou them sir thed rare:with a •mail containing had rtrtthinp in writing so ww^ce°a were rarnctear whether we w�ruatcd to appe�rl or what we,went al uthe uacrercu questions u tray on 1t awatthe ha and arrived aion.s,itied fe day,1f11 1 file�received the unsigned bard copy in the mail, At this trots we frs 1 there 'thank yunu, Shelly Lindell On May 20,2019„ at 10:48 AM, Shelly Lindell Iielly�.ta1 l � � ba�a��t 901> wrote: Shelly t,.undell .,thee Body Cafe Tieszon Chits Bergin forwarded message: Frrarrta Andy f anaan tt aaraty c i�?t ws_g net,> May 20,2019 at 10A557 AM AKIN To:Shelly Undell<.qti&I!yJJtIt;!V!(AMN4MI- Cap.Janice Melvin n lwtn tt crf e Clinton Crites<L<tr a& c°ut u s emu°tat new tetrtn Nilsson a nttC °ft wain-gjjl,Ct>,Jackie Wilde< Eddie Allhey<0ftyLk fty l syt yr m u to Subject.CUP 201 and Arch.Code Study Sheally, Thank you for the call this morning regarding your Conditional Use flerna.it. t have attached a said th� you the did oulmis an approved at the May 7 meeting.burin our conversation you a. y n tab elcbo n to than request for a code study,but t understand than you have eluest:tcans and comments relating to the process by which a coder study is obtained. You also mentioned that you had taken sc>lue shafts to initiates the arocess l spoke with Jackie. about our call today and she felt thatt your questions would lx tawtarel appropriately addressed by t 127 the building department. l have cc d building a ep r°taa�rrmt staff �� to tla� email toi e tlac�raa as heads up department contaact number is 07-224- 445 tatt waaa as .t:t raf r aarc ,ta r sanw a qL o Staff may a ans a er your ue t Sara a The buildingle ta � directly over the phone,but you also offered to me(,.-t to go over tlaa information Sara tla rmrarmrra if we answercan any, other questions regarding tlae content of the attached permit, plea e let raae base '. Thank you, Andy Bacon Planning itstaa.mt City of Sww card 907-224-4049 <CUP 01 -0 a Lindell -pleaa.pcll` i rau Not Mini s, vats 2 128 Jackie Wilde From: Brenda Ballou Sent: Thursday„ May 30, 2019 6:48 PM To: bballouC cityofsewward,net('bballouC cityofsewward.net°) ('bballou@cityofsewward.net°) Subject: P 2 Appeal for City Council (as Board of Adjustment) Follow Up Flag: Follow up Flag Status: Flagged Mayor&Council, On May 7, 2019,the Planning&Zoning Commission conducted a public hearing,and then approved,a Conditional Use Permit for"Matt&SnOt'ly Und6i`l, On' May 2' 0,2019,the city dle(k received an appeal for treat CUP from"IvIlatt' ,Sn6hy Lindell. (Tay 28 the letter was received; May 30 the fee was received which completed the appeal submission) Per Seward City Code 15.10.410- APPEALS htt s: 'Iibrar .municode.com a sevward 'codes code of ordinances?nodeld=CD ORD TITISPLLAUSRE CH15.10SEZ0C 0 ABT4AP ) the Seward City Council will sit as the Board of Adjustment for this appeal, and the appeal hearing must be scheduled within thirty( 0) days, or, no later than July 1, 2019. (Thirty days is June 29, 2019,which is a Saturday) You are hereby notified that you should diligently and mindfully,ACTIN any discussions,conversations,or documentation related)to this subject from this point forward. During the appeal hearing,you will be required to disclose any ex parse communications, as well as any conflict of interest you may have.Also, please be aware that you may not conduct a visit to the location.The decision of the Board of,Adjustment must be based solely upon the information and evidence presented on the record at the appeal hearing. As the city clerk, I am required to publish a public hearing notice for the appeal hearing for two weeks prior to the hearing. I will add this as an item to the June 10, 2019 agenda for council to schedule the appeal Hearing—it should be scheduled for some time during the week of June 24, 2019, Thanks,. Brenda Cry CLERK NoTARYPUBLIC F10 Box 167 129 Andy Bacon From: Shelly Lindell <sh lly.,_Iindell@icloudxom> Sent~ Friday, May 31, 2019 2; PM Tyr. Andy I aeon Subject: Appeal Hello Andy In May 28 we submitted an appeal in regards to policies passed in May 7 P&Zhearin . Can you please advise on next steps? Thank you Shelly Lindell The Body Cafe Tieszen China ?7-833A1.3 FC;lN-ANTISPAM- ►TINE-LINIDS Teach Canit if this mail(ICE 010jaMBg )is spare Spam: lItt anit,cit crfsew�ard.��et l g ��sr�ll 1� �'c ski- .d"aP s� r r�M3dr,1 f7 d 6 t 2 1�� 31 Fraud/Phis, canit,clt cfserard.rret:dl7gll canit b. Ir ?cam I=CI1C "a rro3dc Lf77dfa« t=2115°1 Not spam: ittt arri it0��wv7a� rrtSL�gI cant a, h 7r ni il�n "a15 rr� Urfa 1e � 7dt° 2I71Lb531 Forget vote:Fitt r: r nl ,cltya fs ard.n t fl t carrit :� � mC�1L1"al ND-ANTISPA M-VOTING-LI KS 130 %'�T�'i.�N!r!wublmrvovi"'awxarr mr mms� 'MiWd',nti.7Wr, ,PJN i? 1 June 12, 2019 City of Seward City Council RE. Appeal Nearing of Planning and Zoning Commission of the City Seward, Alaska Resolution 2019-006 clerk@cityofseward.net Dear Seward City Council Members, My name is Mark Kulstad, and many of you know me and my wife as the owners of Hotel Seward. I am and have been a licensed Real Estate Broker for over 35 years as well as a licensed General Contractor for many of those years. I am writing to urge you to Vote NO, on any appeal of the decision by the Planning and Zoning Commission requiring any change of use,to have a code compliance review of the property by an Architect licensed in the State of Alaska, and adherence to any code compliance deficiencies require, prior to any change of use being permitted. As a resident of Seward and a licensed professional,we as a City can not accept the liability by not complying with Nationally accepted standards required for a change of use. A loss of life, or injury as a result of our failure to protect the public,will have dire social and financial costs to the City, and as City Council Members something that will be very hard to forgive yourselves for. Thank you for allowing me to address this issue Sincerely, Mark S. Kulstad 131 June 17, 2019 City of Seward City Council RE: Appeal Hearing of Planning and Zoning Commission of the City Seward,Alaska ra a ..and w i w-r uw,Resolution 2019-006 c9 _.w.:czfh�e�����r�. rn��1. RE: Lindell Appeal: I urge you to vote NO RE: Consideration for all similar requests or appeals r k p cy p _,E, „ ..,........ Dear Seward City Council Members, __ji My name is Mary Kulstad, I spoke at the original hearing in regard to this request. As an owner of Hotel Seward and a community member, I again urge to you to follow the guidelines set by our city safety codes as documented at the hearing. I believe it is your sworn duty to uphold the code enforcement to protect the public and not make an exception that would risk our community. If you choose to make this exception, I believe you would put the City at risk of future lawsuits. There was a clear position of Safety presented by our own Fire Department for conditions that were require for this change in use. Federal and State codes provide a precedent as our guidelines for public safety code enforcement. Anyone wanting to start or change a business use should get the required permitting and licensing before investing in changes that incur a cost to them. From the documents I understand the Lindell's have already made investments for the changes in use and the request for an exception is based on that expense.They present it is unfair to expect them to now meet the requirements that apply to their request for this type of use, as it applies to anyone else.That is unfortunate for them, but this does not provide a legal reason for the exception. Expectedly there is a cost associated with making a change of use to increase your Own profits margin. It is unfair and a self-serving request to ask for an exception because they now"can't afford the cost of the required conditions." I am not meaning to be harsh, but realistically if the Council bases this decision on "the cost to comply with a code" and finds this is an acceptable reason to waive it, this will be the precedent for all future request. Council would then be required to apply this Exception to all Code request in the future. I am writing to urge you to Vote NO, on any appeal of a decision by the Planning and Zoning Commission requiring all applicants to fairly meet the city's code compliance requirements. Please consider this change in use was primarily based on a profit margin that increases do to the change in use from a monthly rental of a 4 plex to a 7 units rental with varied use. This change more than doubles increased Fire Code Risk with the occupancy change and puts a burden on the city's already strained parking needs, If you want to increase your profits in business you have a responsibility to accept the cost to do so. Thank you for allowing me to address this issue Sincerely, Mary Kulstad 132