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HomeMy WebLinkAboutRes2021-024 - Postponed Indefinitely Sponsored by: Applicant Postponed: October 19, 2021 POSTPONED INDEFINITELY CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-024 A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Variance to City Code §15.10.22 Development Requirements to James Protzman to Construct a Building With a Height That Exceeds 34' on Lots 37-40, Block 4, Original Townsite Of Seward Alaska, Located At 134 Fourth Avenue; Within a Central Business (CB) Zoning District WHEREAS, James Protzman has 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 height that exceeds 34' at 134 Fourth Avenue, Lots 37-40, Block 4, Original Townsite of Seward, Alaska; and WHEREAS,the property is in a Central Business(CB)Zoning District; and WHEREAS,the additional building height will provide more livable square footage to the year-round dwelling units; and WHEREAS, additional resources available to the Seward City Fire Department, as well as current Fire and Building Code, will address any life safety issues that could potentially be caused by a building exceeding 34' in height; 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: 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 Central Business District states that it"provides for an area of convenient, attractive, concentrated commercial development primarily Seward Planning and Zoning Commission Resolution No. 2021-024 Page 2 of 5 intended for retail, financial, entertainment, and professional services...". The applicant will be using the property for this intended use, as well as the additional use of housing, which is much needed in Seward. According to the Land Use Allowed Table, §15.10.226, Townhouses and Condominiums are allowed within a Central Business District with a Conditional Use Permit, which the applicant has already received, and home occupation is allowed outright in a Central Business District. B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. Currently,the lot is vacant,and thus adding no value to the adjoining property. Once developed,the property will significantly increase the value of the adjoining properties. It will create additional retail as well as housing, which will draw people to that area of town to support the restaurants and shops already in that area. 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) "Continue working with the Alaska Railroad, Alaska Marine Highway System, shipping, and cruise ship industries to ensure the expansion and modernization of the freight and cruise ship port facilities"(Page 7). 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 services. City Code requires that every business within the City must provide containers suitable for refuse collection(SCC 14.05). Seward Planning and Zoning Commission Resolution No. 2021-024 Page 3 of 5 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: No special conditions or circumstances exist for this specific variance to the height restriction in Code. Any property owner in the Central Business District could apply for the same variance. 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. 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 height variance. The additional height will actually add cost to the project,but it will provide future owners more livable space per dwelling unit. 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. Any other property owner could apply for a similar variance. 6) A variance shall be the minimum variance necessary to permit the reasonable use of the land or structure. Finding: The additional 10' on the building will be used as a loft for the six dwelling units on the first floor.This will add square footage and more livable space year-round. 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. Dwellings are allowed in a Central Business District with a Conditional Use Permit,which the applicant has already received. Seward Planning and Zoning Commission Resolution No. 2021-024 Page 4 of 5 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. a. Prior to operation, the building will be constructed following requirements per International Fire Code (IFC) and International Building Code(IBC) 2. The applicant shall work with all City Utility Departments for any possible upgrades to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued. 3. All parking and maneuverability shall remain on site for the life of the use. 4. 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. 5. Modification of final approval of a Variance may, upon application by the permitee,be modified by the Planning and Zoning Commission: a. When changed conditions cause the variance to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. 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 James Protzman to construct a building with a height that exceeds 34' at 134 Fourth Avenue, Lots 37-40, Block 4, 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: Conditional Use Permits, 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 Resolution No. 2021-024 Page 5 of 5 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 19th day of October 2021. THE CITY OF SEWARD, ALASKA POSTPONED INDEFINITELY Tom Swann,Vice Chair AYES: Charbonneau,Verhey,Ambrosiani, Swann NOES: Seese, Sullivan ABSENT: ABSTAIN: ATTEST: POSTPONED INDEFINITELY Brenda Ballou,MMC City Clerk (City Seal) Note: This resolution was postponed on October 19, 2021 until after a work session; the applicant withdrew their application for variance on October 20, 2021.