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HomeMy WebLinkAboutRes2020-03 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2020-03 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION,GRANTING A VARIANCE FROM SEWARD CITY CODE 15.10.222 DEVELOPMENT REQUIREMENTS TO CHARLES MCELDOWNEY,PERMITTING AN EXCEPTION TO THE ZONING CODE TO ALLOW A 5 FOOT SIDE YARD SETBACK TO A STREET ON LOT 20, BLOCK 38, ORIGINAL TOWNSITE SEWARD 601 FOURTH AVENUE, WITHIN THE OFFICE RESIDENTIAL ZONING DISTRICT WHEREAS, Charles McEldowney requested a variance to allow a five(5) foot side yard setback adjacent to a street on Lot 20, Block 38, Original Townsite Seward within the Office Residential(OR)Zoning District; and WHEREAS, the side yard setback adjacent to a street required by Seward City Code §15.10.222 Development Requirements Table is 10 feet; and WHEREAS, Lot 20, Block 38 Original Townsite Seward is a 3,000 square foot parcel, measuring 30 feet wide.by 100 feet deep; and WHEREAS,the applicant requested the variance to expand the buildable envelope on the lot from a fifteen(15) foot to a twenty (20) foot width; and WHEREAS,the property is currently developed with a 24 foot wide single family house that encroaches into the Monroe Street right of way and the alley right of way; and WHEREAS, as required by Seward City Code §15.01.040, Public Hearings, property owners within 300 feet of the requested variance parcel were notified of the proposed action,and the property was posted with public notice signage; and WHEREAS,having complied with the public notification process; on March 3,2020,the Seward Planning and Zoning Commission held the required public hearing on the Variance Application. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. In accordance with SCC§15.10.325.D,the Commission shall establish a finding that all of the following conditions have been found to exist prior to issuing a variance permit: Seward Planning and Zoning Commission Resolution 2020-03 Page 2 of 5 1. The proposed action must be consistent with all of the general conditions required for a conditional use permit. The project is consistent with all of the conditional use permit requirements as follows: A. The use is consistent with the purpose of this chapter and the purposes of the zoning district. Finding: This condition has been met. The property is zoned Office Residential (OR),in which single family dwellings are allowed outright.The property currently contains a single-family residence that is a nonconforming structure,located within the rear and side yard setbacks and encroaching into the public right of way. It is the intent of the zoning code to reduce or eliminate nonconformities §15.10.315. A. Granting a variance to the side yard setback to allow development of a new single- family home on this lot would eliminate the current nonconforming structure. B. The value of adjoining property will not be significantly impaired. gPP Finding: This condition has been met. The structure presently located on the property was constructed in 1935, prior to the adoption of the zoning code. According to the as-built drawing submitted by the applicant,the rear facing arctic entry extends approximately one foot into the alley right of way.And addition on the south side of the house extends four(4)feet into the Monroe Street right of way.The applicant is proposing to construct a new single-family residence on the lot. Surrounding properties to the north,east,and west are zoned Office Residential(OR) and include single-family homes.The property to the South,across A street is zoned Institutional (INS) and includes the AVTEC culinary academy, dorms, gym, and student services. There is no indication that the proposed use would decrease the value of the subject or adjacent properties. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. There is an identified community need for housing in Seward. The proposed development is consistent with the Seward Comprehensive and Strategic Plans. Seward 2030 Comprehensive Plan (approved by Council,2017) 3.3.1 Encourage development of new housing in Seward 3.2.1.2 Expand the opportunity for affordable, diverse,year-round housing through appropriate land use regulations (page 14). Strategic Plan (1999) The Strategic Plan encourages the expansion and availability of affordable, diverse, year- round housing(page 18). • Encourage construction of residential and seasonal housing at all market levels. Seward Planning and Zoning Commission Resolution 2020-03 Page 3 of 5 D. Public Services and facilities are adequate to serve the proposed site. Findings: This condition has been met.The subject property is served by municipal road,water,electric and sewer.A five foot wide sidewalk is located to the east,along Fourth Avenue. E. The proposed use will not be harmful to the public safety,health or welfare. Findings: This condition has been met or shall be through the conditions. The proposed use would eliminate encroachments into the public right of way. There is no indication that granting a variance to the side yard setback will be harmful to the public safety, health, or welfare. F. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant These may include but are not limited to measures relative to access,screening,site development,building design, operation of the use and other similar aspects to the proposed use. 1. The applicant shall obtain a current Building Permit before construction begins on the site. 2. The applicant will contact the Public Works and Electric departments before construction begins on the site 3. The rear yard setback shall be 10 feet 2. Special conditions and circumstances exist which are peculiar to the land or structures involved and which are not applicable to other lands and structures in the same district. Finding: The circumstances affecting to this land are shared by some other properties in the Original Townsite.The Original Townsite of Seward was platted into 30'x 100'lots in 1905.Corner lots in all zoning districts except Harbor Commercial(HC)and Central Business(CBD)are subject to a front yard setback(10 or 20 feet) and a side yard setback adjacent to street of 10 feet. On the subject property,the setback totals are 20 feet in the front, 10 feet side to Madison Street,5 foot side to the alley,and 5 foot side to the neighboring lot.The resulting buildable envelope is 15 feet wide, where the applicant is requesting a 20 foot wide space in which to build.The majority of corner lots within the Original Townsite have been combined to create larger parcels, and the majority are developed.In the Original Townsite there are six parcels,including the subject property,that are 30' x 100'corner lots.Two of the six properties are undeveloped,and the other three are developed with single family residences that were built before 1950.None of the aforementioned parcels are in the Office Residential zoning district,however the same 10 foot side setback to a street still applies to them.Lots in the Central Business District(CBD)were not counted in the above assessment because there are no setbacks required in that zoning district. While the circumstances affecting this lot are not unique,they affect a very small percentage of properties of the 3000 square foot size. Seward Planning and Zoning Commission Resolution 2020-03 Page 4 of 5 3. The special conditions and circumstances were not caused by actions of the applicant. Finding: The structure was in its present location when the applicant purchased the property as a 3,000 square foot parcel.The applicant did not cause the current lot size by subdividing,nor did the applicant move the house to its present location. 4. Financial hardship or inconvenience shall not be a reason for granting a variance. Finding:The applicant has stated that financial hardship or inconvenience are not applicable to this variance request. 5. No nonconforming land uses or structures within the district were considered as grounds for granting the requested variance. Finding: The applicant has stated that this is not applicable to their situation.The proposed use as a single-family home is allowed within the Office Residential (OR)Zoning District. 6. The requested variance is the minimum variance necessary to permit the reasonable use of the property. Finding: The neighboring property is developed with a single-family home to the north,meaning that the owner could not be reasonably compelled to purchase the land in order to increase their buildable lot size. The applicant has stated that asking for any less than 5 feet into the 10-foot side yard setback would not be worth it.The applicant states that they would prefer to be able to construct a 20 foot wide house rather than a 15 foot wide house, but do not wish to exceed a 20 foot width. The applicant has stated that a 20 foot wide house would be a better fit for the neighborhood aesthetically.Within the Original Townsite of Seward,3,000 square foot lots may only be developed with single-family residences, per Table 15.10.222. 7. The requested variance will not permit a land use in a district where the use is prohibited. Finding: The property is zoned Office Residential. The proposed use of the property as a single- family residence is allowed as an outright use in the Office Residential District, and therefore the requested setback variance will not permit a land use in a district where the use is prohibited. Section 2. The Planning and Zoning Commission finds the request meets the review criteria required for granting a variance, and hereby approves the request by Charles McEldowney for a variance from Seward City Code§15.10.222 Development Requirements Table,to allow a five(5) foot encroachment into the required ten(10)foot side setback adjacent to a street,on Lot 20,Block 38, Original Townsite of Seward, subject to all conditions in Section 1, Subsection F. Section 3. In accordance with Seward City Code§15.10.325. E.,this resolution shall take effect ten(10)days after its adoption,provided it is not rescinded,amended or appealed. Seward Planning and Zoning Commission 111 Resolution 2020-03 Page 5 of 5 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3`1 day of March 2019. THE CITY OF SEWARD,ALASKA 0 Cindy L. c und, hair AYES:Swann, Seese, Charbonneau, Ambrosiani,DeMoss, Ecklund NOES: ABSENT: ABSTAIN: VACANT: None ATTEST: B en Ballou, C City Clerk soots au", (City SealA OF eiv::'• NUN••• 1).\ SEAL = • = ee• •�ti•,•F OF Ar- �.•