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.
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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
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Cindy L. c und, hair
AYES:Swann, Seese, Charbonneau, Ambrosiani,DeMoss, Ecklund
NOES:
ABSENT:
ABSTAIN:
VACANT: None
ATTEST:
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