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HomeMy WebLinkAboutRes2021-017 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-017 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, GRANTING A VARIANCE FROM SEWARD CITY CODE 15.20 SIGNS TO HARBOR ST CREAMERY, PERMITTING AN EXCEPTION TO THE ZONING CODE TO ALLOW AN AWNING SIGN OVER THE BUILDING ENTRY TO BE PERMITTED ON THE PREMISES LOCATED AT 305 SOUTH HARBOR ST, WITHIN THE HARBOR COMMERCIAL (HC) ZONING DISTRICT WHEREAS, Harbor St Creamery has applied for a Variance from the Seward Planning and Zoning Commission to place an awning sign over their North entry; and WHEREAS,the proposed location is within the Harbor Commercial (HC)district; and WHEREAS, Seward City Code 15.20.055 allows the Planning and Zoning Commission to grant variances in harmony with the general purpose and intent of the Code so long as the spirit and benefits of the Code will be preserved; and WHEREAS, the Commission may vary the rules and regulations or provisions of the Code provided that the Commission, upon due and diligent investigation, makes specific findings that all of the conditions listed in Seward City Code 15.20.055 (3)have been considered; 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. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. In accordance with SCC§15.20.055 (a), the Planning and Zoning Commission is authorized to grant special variances from the provisions of the chapter in accordance with the following restrictions. The Commission has reviewed the applicant's request for a Sign Code Variance to allow an exception to the Zoning Code to allow for an awning sign over the North entry at 305 South Harbor St, Seward Small Boat Harbor, Lot 1, Block 8, in the Harbor Commercial(HC)Zoning District,and made the following Findings of Fact: 1. To encourage the use of signs which are harmonious with Seward's scenic beauty and historic character, the commission may issue a variance for specific signs up to 1.5 times larger than provided in this chapter. The total area of the proposed sign could not be greater than 1.5 times what is allowed without permit. Photos submitted Seward Planning and Zoning Commission Resolution No. 2021-017 Page 2 of 3 provide for evidence that the proposed signage is consistent with the Institutional zoning and. 2. A variance may be granted in harmony with the general purpose and intent of this Code by varying the application of rules, regulations or provisions so long as the spirit and benefits of this Code will be preserved. According to the sign ordinance, in the Harbor Commercial District the following property frontages may be combined at one square foot per lineal foot of frontage to maximum of 200 square feet of signage per parcel: i. A street; ii. The harbor basin; iii. The public boardwalk; iv. Where a building faces toward a street but does not abut it; or v. A public parking lot. Harbor St Creamery is located on a parcel with various businesses. Each business has multiple signs, which were installed before the recent changes to the Sign Code in 2019. The current code states that there cannot be more than 200 square feet of signage on one parcel. Since there are multiple businesses on the parcel located at 305 South Harbor St, they far exceed the 200 square foot limit. However, that sign code does not address what should be done for parcels that have multiple businesses, and would thus require more signage. Harbor St Creamery would be removing the current sign on the north side of their building and then adding the awning sign. A variance would meet the intent of this requirement. 3. The commission may vary the rules and regulations or provisions of this Code provided the commission, upon due and diligent investigation, makes specific findings that all of the following conditions have been considered: i. The variance will not constitute a grant of a special privilege inconsistent with the limitation upon signage and uses of other properties in the vicinity and zone in which the property, on behalf of which the application as filed, is located; This would not constitute special privilege as any citizen could apply for a variance within this parcel or district. ii. That such variance is necessary because of special circumstances such as, hut not limited to, health and safety or the size, shape, topography, location or surroundings of the subject property, to provide it with signage use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located.The signage exceeds the allowed footage for a parcel, but the sign code does not take into consideration what should be allowed if there is more than one business on a parcel. Seward Planning and Zoning Commission Resolution No. 2021-017 Page 3 of 3 iii. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the subject property or improvements in the vicinity and in the zone in which the subject property is situated. There is no indication that granting this sign variance will be materially detrimental to the public welfare, or other property in the vicinity or the Harbor Commercial Zoning District where the subject property is situated. Section 2. The Planning and Zoning Commission hereby approves,the applicant's request for a Sign Code Variance to allow an exception to the Zoning Code to allow an awning sign on the North entry for a total sign area on the parcel greater than 200 sq. ft.,at Seward Small Boat Harbor, Lot 1, Block 8, 305 South Harbor St in the Harbor Commercial (HC)Zoning District. Section 3. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3`d day of August, 2021. THE CITY OF SEWARD Cindy L. kl d, Chair AYES: Sullivan,Verhey,Charbonneau, Swarm, Ambrosiani, Ecklund NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballo , MMC, • City Clerk��00ilissase� �� OF S , 7#.i (City,• G0RPOIt9>y 4QQ�: 9� F0• t S. _ • ' SEAL I • •.,���OF�A\'