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HomeMy WebLinkAbout12032019 Planning & Zoning Laydowns Jackie Wilde From: Vanessa Verney <v_verhey@hotmail.com> Seat: Tuesday, December 03, 2019 4:59 PM To: Jackie Wilde Subject: Rezoning on 2nd Ave. External Email:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Jackie, This is Vanessa Verhey of 310 Second Avenue. I am opposed to the rezone of 13 lots on Second Avenue. I don't think downtown needs more businesses over housing. Thank you for your time! Vanessa Verhey 907.362.3102 NOTE: This message was trained as non-spam. If this is wrong,please correct the training as soon as possible. Spam Phish/Fraud Not spam Forget previous vote i RECEIVED DEC Q 2 2019 Pot 90"� December 2, 2019 To: CITY OF SEWARD Attn: Jackie Wilde Re: SWIDERSKI 810 Second Ave Seward, AK 99664 Hello Jackie, I writing to give support for the application of zoning change for Susan Swiderski's property located at 810 Second Avenue, Seward. I feel the change is in line with land use in the area. ha k you ve much Kris i A. Larson 535 Second Ave. PO Box 671 Seward AK 99664 Dec 2, 2019 Jackie Wilde City of Seward, Director of Planning Seward, AK 99664 Re: Letter of Support for Rezone Request, Resolution 2019-013 Dear Jackie,Andy and P &Z Commissioners, We support the rezoning of this section of Second Avenue for the following reasons; • The majority of the property owners support this change in the original request. • We submitted a letter of support during the original process and spoke at the public hearing in support of the reconsideration to re-zone, and feel that all previous letters of support should be considered in your current evaluation. • Traffic and parking in this area have been significantly changed,primarily by the increase in use by AVTEC and visitors to Two Lakes Park. Parking is still available and not an issue at this time. This area is not currently being used as a Single-Family environment by these existing entities. • The alley way between Second and Third Avenue is heavily used because of the States snow removal methods on Third Avenue. Unlike the rest of the City,where the snow is removed, the snow along Third Ave is left for the entire winter. We lived on Third Ave and would shovel our driveway for access off Third Ave only to have high- speed State snow removal trucks drive by and throw three to four feet of snow back into our driveway.One of the reasons that AVTEC moved the new dormitory building back from Third Ave was that windows were being broken by the high-speed State snow plows. Therefor, use of Third Ave for parking or access is dangerous and difficult. Hence the use of the alleyway between Second and Third Ave for parking and access. • We believe that housing is the number one issue in Seward and that up-zoning this area is a positive step to making more multi-family housing available. It would also allow for small office businesses to exist. As we all know, space for small business start ups is limited and often costly. • With the current activities in this area, it would be appropriate to re-zone these properties. • As adjacent property owners committed to increasing housing and small business options in Seward,we fully support this re-zoning action. We are traveling at this time and would,otherwise, be in attendance in person. We are open to questions at any time. Thomas C and Mary E Tougas 208 Bear Drive / tofn(c�tr �i_�la l�t�.,,�c�,�i.), / 907-362-122S cell Jackie Wilde From: j j <marple2l@yahoo.com> Sent: Saturday, November 30, 2019 8:58 AM To: Jackie Wilde Subject: Fw:Zoning Meeting 12-3-19 External Email:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. tits. kVilde. I am the homeowner at 1007 2nd Ave. I am unable to be at the meeting because I am out of town. I am in support of the resolution to rezone the proposed area on 2nd ave to OR. My understanding is that this would allow B & B's, art studios and other low impact businesses to operate. Respectfully, Julie Shank 907-491-5015 Sent from Yahoo Mail for iPhone Spain Phish/Fraud Not spam Forget previous vote i Jackie Wilde From: sewardinsurance@ak.net at Sent: Monday, December 02, 2019 3:33 PM To: Jackie Wilde Subject: Rezoning portion of 2nd Ave nm `�Ve�elpRm� # Ytrrtzll d rnsnl This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hey Jackie, Just wanted to throw in my approval for the rezoning of the portion of 2nd Ave that I received a letter on. It seems like most of the surrounding area is developing commercial as well, so it doesn't make sense to tell a property owner they couldn't do something that is clearly going on all around them. Just my 2 cents.Thanks Jackie! Erick C Amberg Seward Insurance Agency PO Box 2103 Seward, AK 99664 Phone: 907-224-7370 Cell: 907-362-1558 sewardinsurance@ak.net NOTE: This message was trained as non-spam. If this is wrong, please correct the training as soon as possible. 5Rain Phish/Fraud Nat seam Forget previous vote Jackie Wilde From: Cathy LeCompte <akwomyn45@gmail.com> DEC 0 2 2019 Sent: Monday, December 02, 2019 3:54 PM To: Jackie Wilde Community Development Subject: Swiderski Application for rezone on Second Ave. External Email:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi. Jackie, Thanks is Cathy LeCompte. I am a resident on Second Ave and I am writing in support of the Swiderski request to change the zoning on their new property. I think will is a good thing to have this change as it will support further improvements to the neighborhood and attract visitors to Seward. Thanks, Cathy LeCompte 907-617-0735 Spam Phish/Fraud Not spam Forget previous vote i Jackie Wilde City of Seward From: Bob Candopoulos <bobCa fathom646.com> DEC 0 3 2019 Sent: Monday, December 02, 2019 7:55 FM Cammtrn�� To: Jackie Wilde �� fErUpmar�i Subject: Letter of Support for Rezoning Request, Resolution 2019-013 External Email:This email originated from outside of the organization.:Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Jackie, Andy and P&Z Commissioners, I am writing this letter of support for the re-zoning of this portion of Second Avenue. I see no negative impact on the community or the immediate area if this re-zoning effort were to be approved. With affordable housing being a major issue for our community I feel that re-zoning this area to Office Residential makes total sense. Times are changing and our town is growing. The City of Seward needs to help accommodate those changes when they make absolute sense. Approving this re-zoning request would prove to be a very positive step for the City of Seward and could help create more multi-family housing as well as much needed small office space. I see nothing but a positive outcome for this neighborhood and the city as a whole if this request were to be approved. As the owner of an adjacent property, I fiilly support this re-zoning effort. Thank you, Capt. Bob Candopoulos Cell: 907-240-8587 saltwatersafari.com X Spam Phish/Fraud Not seam Forget previous vote i Jackie Wilde arch From: Nikki Thompson <shannik2004@hotmail.com> Sent: Monday, December 02, 2019 5:30 PM DEC 0 3 2019 To: Jackie Wilde COMMUni Subject: The rezoning of 2nd Ave. ���4c'�'f�met?t External Email:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. My name is Nicole Thompson I reside at 708 2nd Ave. I am writing this email to ask the planning and zoning Committee to reconsider the new zoning of 2nd Ave. I am in favor to have the considered area to be rezoned from single family housing to office space/housing. I have resided at 708 2nd Ave. for 20 years. I plan on living here and not selling my house or turning it into a nightly rental. Please reconsider zoning this area to office space/housing. 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Finding of Fact. According to Seward City Code 15.10.325(d), the Commission shall establish a finding that all of the following conditions have been found to exist prior to issuing a variance permit. 1. The proposed action must be consistent with all of the general conditions required for a conditional use permit. General use conditions required for a conditional use permit area-satisfied Seward Planning and Zoning Commission Resolution 2019-17 Page 2 of 8 a. The Proposed use is consistent with the purpose of this chapter and the purpose of the zoning district This condition is paftially satisfied. City code 15.10.115 -Seward Zoning Code General Provisions Purpose- relevant sections: 1) Protect the public health safety and general welfare of the community's residents b providing for planning and land use regulation s within the Cit . 2) Provide safe, aesthetic surroundings and living conditions. 3) Conserve and stabilize the value of property 4) Implement the comprehensive plan for the Ci_.y The Lot will remain zoned R1 and the variance will allow for the single fami!y house on the lot to be maintained and continue to provide affordable ear-round housing. Additionally this variance will enable building permits and inspections for the building on this lot contributing to meeting life and safety requirements. Deve*ffient RequiFement-s! Let 27 has neneenfeFfning status. it is the expFess intent of the this ehapteF tHat 19OReOnfOFfflities shall i9et be efliar-ged upen, expanded ef extended, FleF Elsed as gFeuigels fer adding ethef struetures eF uses pfehibited elsewhere on the Berne distriet." The Parking: Seward City Code 15.10.215 requires that single-family dwellings have two parking spaces per dwelling unit. Lot 27 has sufficient off-road parking for two vehicles. This requirement, of particular importance in the downtown area, is satisfied. Floodplain status: This property is not located in a flood hazard area. b. The value of the adjoining property will not be significantly impaired. It is uncertain if this condition is satisfied, but the circumstances mitigate its relevance. Lot 26 is the adjoining property where the value could potentially be impaired. However, applicant owns both Lots 26 and 27 and would therefore incur the burden of any such loss, to which the Seward Planning and Zoning Commission Resolution 2019-17 Page 3 of 8 applicant presumably does not object. Accordingly, the commission proceeds as though this condition were fully satisfied. c. The proposed use is in harmony with the Seward Comprehensive Plan. This condition is satisfied. The Seward Comprehensive Plan 2030 lists asgoals: "Encourage home ownership opportunities." - `Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established" Expand the Qpporfunity for affordable diverse ear-round housing through approariate land use regulations. - Support a range of housing choices that meet the needs of people in various income and age groups Allowina building permits for existing housing contributes to home ownership opportunities. Allowina Lot 27 and Lot 26 to remain independent contributes to infill development. This is a 420 square foot house -making it affordable and diverse. It is ear-round housin because it is zoned R1pfieed hetiaiigg within Sewafd. This VsFianee relates te that goal, but it is diffieult te say whethe availability of heusing am I=et 27. Gn the ether-, eentimaing a neneenfffffliRg Ilse eedid be viewed given to this faeter on fesehing the eenelusien that the Fequest must be denied d. Public services and facilities are adequate to serve the proposed site. This condition is satisfied. Adequate water, sewer, and power are available to the property, as well as adequate police, fire, and solid waste services. The enjoyment of this variance would not require any change or increase to the use of the public water, sewer or power utilities. e. The proposed use will not be harmful to the public safety, health or welfare This condition is satisfied. The proposed use will be safer to people using the 12roperty as the main entrance will be covered by a code compliant supported roof, protecting the main entrance Seward Planning and Zoning Commission Resolution 2019-17 Page 4 of 8 to the single family residence from Ice and snow accumulation. The portion of the building that is an extension of the non-conformity is simply roof and support structure which is not as like) to start fires or_contain_as much material to support fires as.the livable spaces which are grandfathered in as acceptable non-compliant. , f-OF exterier walls that are not fire Fesistanee rated and a 2' sepaFatien f. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects to the proposed use. This condition is not directly applicable. 2. Special Conditions or circumstances exist which are peculiar to the land or structures involved and which are not applicable to other lands and structures in the same district. The house sits 2.5' from the south lot line, as shown in the site plan�Haif of the house had a rotten roof that was a danger to the inhabitants. The existing, failed roof also covered the main entrance on the east end of the house and a porch. The roof covering the entrance and porch extended approximately 4' to the east providing shelter from rain, snow and ice. Upon consultation with building contractors it was (earned that the roof could not be replaced as it was because the overhang of that size required structural support. The closest possible place to add supporting osts is 10' east from the east end of the house as shown on site plan. The decision was made to add supporting posts and cover them with roof to provide for the safest entrance for the inhabitants and follow applicable building codes. Seward Planning and Zoning Commission Resolution 2019-17 Page 5 of 8 FequiFed to maintain the Stftletffe. S , its-n enee n f efffl+t+"_' , i9eigeenfer y:a it is the intent ef this ehaptef�e peffnit these meneenfefmities to eentinue ti 41 they aFe Feffieved, law perrmits. it is faFtheF the intent of this ehaptef that neneenferFn'ties shall Fiet be efllepge4 upen, expanded eF extended, nor used as a „ en the basis ef fiflaneial hardship OF ineenveniene&-. a 3. The special conditions and circumstances were not caused by actions of the applicant. To the extent the property's nonconforming status is asserted as the special condition or circumstance causing the need for the variance, nonconforming status was not caused by the Seward Planning and Zoning Commission Resolution 2019-17 Page 6 of 8 applicant. If the previous owner had built the addition and roof to meeting building and communit development code the applicant would have been able to replace their rotten roof without need for enlarging it to make it supported and would not require a variance. If the house was built to code before the applicant took ownership it would not ha„v„e,rotted and would still be intact and the variance would not be re uired. Beeause this these findings eemeludes that the applieant did not state speeial eanditieRs and eiFeumstaHees that ean be validly eeRsiEleFed, Felatively little weight is given te the applieant's 4. Financial hardship or inconvenience shall not be a reason for granting variance. Granting of the variance will allow for building permits to be evaluated and enforced by the building department. Ensuring that the single family residence is up to safety standards. The basis_for granting this variance shall be: Maintaining year-round family housing, reasonable use of property and enforcing safe building practices. Seward Planning and Zoning Commission Resolution 2019-17 Page 7 of 8 5. Other nonconforming land uses or structures within the distrcit shall not be considered as grounds for granting a variance. The Commission has not considered other nonconformities within the district. 6. The requested variance is the minimum variance necessary to permit the reasonable use of the property. The roof replacement was kept as small as feasible, which in turn kept the nonconformity as small as reasonable. The required support structure for the roof covering the porch is as close to the house as„possible.,..,It,is reasonable to repair a roof on one's home. It is reasonable to maintain an overhang over one's main entrance. It is reasonable to support one's roof with posts. It is reasonable to perform other maintenance along the length.of one's house. This eendit'en has met been satisfied. The applieent has net shewn the reasonable use ef the 7. The requested variance will not permit a land use in a district where the use is prohibited. This condition is satisfied. The requested variance does not change any use. Section 2. The Planning and Zoning Commission finds the request meets the review criteria,required for granting a variance,and hereby approves the request by Reed and Kelley Wiley Lane for a variance from Seward City Code(SCC)§15.10.315(e)(1)"A nonconforming structure may not be enlarged or altered in a way which increases its nonconformity_;' and SCC 15.10.222 DEVELOPMENT REQUIREMENTS, to allow Maintenance and repairs to the building and extension of the roof East by up to 13' from the east wall of the building and included roof overhangs of_2' in_the_south direction establish a finding that all ef the fellewing eenditiens have beeig f�auiqd te exist PFieF t8i i -- . fflat. As 'dentofied On Seetien 1. Finding of Feet, the eaffimission is unable to fond that within the 5' minimum side yard setback development requirement along the south lot line of Lot 27, Block 27, Original Townsite, more commonly known as 512 First Avenue. Seward Planning and Zoning Commission Resolution 2019-17 Page 8 of 8 Section 3. Effective Date. In accordance with Seward City Code § 15.10.325(e), unless rescinded, amended or appealed any resolution adopted under this chapter automatically becomes effective ten days after passage and posting. PASSED AND APPROVED by the Seward Planning and Zoning Commission this Y' day of December 2019. THE CITY OF SEWARD ALASKA Cindy L. Ecklund, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST Brenda Ballou, MMC, City Clerk