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,
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