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Home My WebLink AboutRes2021-032 Sponsored by: Applicant Public Hearing: December 7, 2021 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-032 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD,ALASKA, GRANTING A VARIANCE TO CITY CODE §15.10.222 DEVELOPMENT REQUIREMENTS TO CHRISTOPHER AND CHRISTINE AUMICK TO CONSTRUCT A BUILDING WITH A 7' SIDE YARD SETBACK ADJACENT TO A STREET, INSTEAD OF THE REQUIRED 10' SETBACK ON LOT 21, BLOCK 32, ORIGINAL TOWNSITE OF SEWARD, LOCATED AT 502 SIXTH AVENUE; WITHIN AN URBAN RESIDENTIAL (UR) ZONING DISTRICT WHEREAS, Christopher and Christine Aumick have applied for a Variance to City Code §15.10.222 Development Requirements from the Seward Planning and Zoning Commission to construct a building with a 7' side yard setback adjacent to a street, instead of the required 10' setback at 502 Sixth Avenue, Lot 21, Block 32, Original Townsite of Seward,Alaska; and WHEREAS,the property is in an Urban Residential (UR)Zoning District; and WHEREAS,the interior lot lines for parcel 14818001 have been put back on the property, creating three separate lots, Lot 21,22, &23, approximately 30' x 100'; and WHEREAS,Lot 21 is on the corner of Madison and Sixth street,and according to Seward City Code §15.10.222, would be required to have a 10' setback for a side yard adjacent to a street and a 5' setback for a side yard, leaving 15' width available to construct a building; and WHEREAS,the use of three properties to construct additional housing provides a higher density of residential use, which is the intent of the Urban Residential District; and WHEREAS, the applicant has complied with all of the public hearing requirements of Seward City Code §15.01.040; NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. According to SCC 15.10.325.D., the Commission shall establish a finding that the use satisfies the following conditions prior to granting a variance: 1) The use is consistent with all of the general conditions required for a conditional use permit; which are: Seward Planning and Zoning Commission Resolution No. 2021-032 Page 2 of 5 A. The use is consistent with the purpose of this chapter(the Seward Zoning Code) and the purposes of the zoning district. Finding:The definition for the Urban Residential District states that it is"intended to allow an area of higher density mixed residential uses from detached single- family housing to multi-family apartments in conjunction with compatible low impact professional office uses in the area surrounding the downtown business district". The applicant will be using the property for this intended use. According to Seward City Code §15.10.220 Development Requirements, "setbacks are required to insure sufficient open area for snow accumulation, sunlight, views, privacy, fire separation, and visual relief between structures." Allowing the 7' setback variance for the proposed structure on Lot 21 will not conflict with any of these intended purposes for a setback. B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. The plans for the proposed cottages show that they will be aesthetically appealing. Constructing well-built and maintained housing on these three lots will increase the value of the adjoining properties. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. The proposal is in harmony with the Seward 2030 Comprehensive Plan(2017) and Strategic Plan(1999) Seward Comprehensive Plan(approved by Council, May 30, 2017) Vol 1 Ch 2.2.11 - Economic Base • "Encourage the development of infrastructure expansion plans for currently undeveloped residential and commercial property" Vol 1 Ch 3.2- Land Use • "Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values." Vol 1 Ch 3.3 - Housing • "Encourage development of new housing in Seward." Strategic Plan(1999) "Encourage construction of residential and seasonal housing at all market levels" (Page 9). "Expand availability of affordable, diverse, year-round housing"(Page 18). D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. Adequate water, sewer, and power are available to the property as well as adequate fire, police and solid waste disposal Seward Planning and Zoning Commission Resolution No. 2021-03 2 Page 3 of 5 services. City Code requires that every business within the City must provide containers suitable for refuse collection(SCC 14.05). E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. The building will be constructed following International Fire Code and International Building Code. 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 related to the proposed use. 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: Being a corner lot,the buildable space on Lot 21 is 5' less than the other two interior lots. Also, most residential dwellings in the downtown of Seward are located on properties containing multiple lots that were purchased in order to build larger 21 st century homes with garages and expansive living space. In context of the shortage of land availability, changing demographic values, and growing demand for housing, the applicant is proposing a solution that increases housing density by building cottages within the original size of the historically plotted lots. 3) The special conditions and circumstances have not been caused by actions of the applicant. Finding:The special conditions and circumstances have not been caused by the actions of the applicant. Setbacks are determined by the City. 4) Financial hardship or inconvenience shall not be a reason for granting a variance. Finding: Financial hardship or inconvenience are not reasons for applying for a setback variance. The variance request will allow the applicant to construct more housing with livable space, which will add to the cost of the project. 5) Other nonconforming land use or structures shall not be a reason for granting a variance. Finding: Other nonconforming land uses or structures are not reasons for this variance application. 6) A variance shall be the minimum variance necessary to permit the reasonable use of the land or structure. Seward Planning and Zoning Commission Resolution No. 2021-03 2 Page 4 of 5 Finding: The Seward City Code requires a 10' setback for a side yard adjacent to a street.The applicant is not requesting a 5' setback,but rather a 7' setback for the corner lot. Reducing the entire structure to a width of 15' instead of 18' negatively impacts the design of the dwelling unit in is ability to access the backyard, allow for natural daylight from the east and south, and have adequate living space. 7) A variance shall not be granted which will permit a land use in a district which that use is otherwise prohibited Finding: This variance does not permit a land use in a district which that use is otherwise prohibited. Increased residential density is allowed in an Urban Residential District. Based on the above findings and conclusions, approval of the Variance to City Code §15.10.222 Development Requirements shall be subject to the following conditions: 1. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications. 2. The applicant shall find the corners of the property or get a survey to make sure the proposed structure is not closer to the lot line than the variance allows. 3. Per Seward City Code §15.10.325(f). an approved Variance shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained.The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. Section 2. The Planning and Zoning Commission finds that the proposed use, subject to the above conditions satisfies the criteria for granting a variance to City Code §15.10.222 Development Requirements provided the conditions listed on Section 1, Subsections 1 through 7 are met by the applicant, and authorizes the administration to issue a Variance to Christopher and Christine Aumick to construct a building with a 7' side yard setback adjacent to a street instead of the required 10' setback at 502 Sixth Avenue, Lot 21, Block 32, Original Townsite of Seward, Alaska. Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this Variance is paramount in maintaining the intent of Seward City Code Section 15.10.325: Variances, and authorizes the administration to issue a Variance. Additionally,the administration shall periodically confirm the use conforms to the standards of its approval. Section 4. This resolution shall take effect 10 days following its adoption. Seward Planning and Zoning Commission L Resolution No. 2021-032 Page 5 of 5 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of December, 2021. THE CITY OF SEWARD, ALASKA Craig Am rosiani, Presiding Officer AYES: Sullivan, Seese, Charbonneau, Ambrosiani NOES: None ABSENT: Verhey, Swann ABSTAIN: None VACANT: One ATTEST: L A,,,,4' Brenda Ballou, MC City Clerk (City Seat); s Aeip� Of •1,k.. ,',f4. i ...• ...• i e i ta• •. .F 4 •• •�• : ® SEAL : ;. --4a— l m ��tigT.E OF AA4-�'.`° 'Q.+az se sn••%\`